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Dismissals Design Defects

Harris Beach PLLC

Fitness Companies Flex with Dismissal in NY UCC Elastic Band Case

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New York’s Appellate Division, First Department recently issued favorable dismissals to a sporting goods retailer and manufacturer in a case alleging issues with an elastic exercise band that injured a person’s right eye in a...more

Faegre Drinker Biddle & Reath LLP

Lack of Admissible Expert Evidence Combusts PAM Can Claims in EDNY

In a decision reinforcing the importance of expert testimony in design defect and failure to warn cases, the Eastern District of New York recently dismissed claims against the makers of PAM cooking spray. In Urena v....more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Faegre Drinker Biddle & Reath LLP

Does Pennsylvania Recognize Strict Liability Claims Against Medical Device Manufacturers? A Pennsylvania federal court calls the...

For at least two decades, Pennsylvania law has recognized an exemption from strict liability for prescription drug manufacturers based on the state Supreme Court’s interpretation of the Restatement (Second) of Torts Sec. 402A...more

Harris Beach PLLC

Doe v. Merck: Vaccine Autism Lawsuit Dismissed as Baseless

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The claim that the MMR vaccine caused autism was meritless on its face, held the U.S.D.C., Eastern District of New York (Doe v. Merck & Co, Inc.). The action filed on behalf of “Baby Doe” stemmed from Merck-manufactured...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 2, 2018

Welcome to the second issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we have rounded up several important and timely legal issues. As you...more

Ballard Spahr LLP

Class Counsel Say "Rats!" to California Court's Rejection of Design-Based Warranty Claims

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Following last month's dismissal in Preston v. American Honda Motor Company, No. 18-cv-00038 (C.D. Cal. May 24, 2018), a California federal judge on Monday dismissed yet another putative class action, Heber v. Toyota Motor...more

Harris Beach PLLC

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

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Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more

Harris Beach PLLC

Circumstantial Evidence Ruled Not Enough in Case Against Medical Device Manufacturer

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Frederick (Rick) Fern and the New York City Harris Beach Life Science Practice Group were successful in securing a summary judgment for medical device manufacturers Curlin Medical Inc., Moog Inc., and distributor B. Braun...more

Snell & Wilmer

Snell & Wilmer Defends Yamaha Rhino in Nevada Trial

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Snell & Wilmer attorneys Dan Rodman and Morgan Petrelli recently represented Yamaha Motor Corporation, U.S.A. in the trial of a 2006 Yamaha Rhino rollover lawsuit in the Eighth Judicial District Court of Nevada (Case No....more

Carlton Fields

Construction Case Law Update - November 2014

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Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

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