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Evidence Manufacturers

Fisher Phillips

Snapshot On Manufacturing Industry: 7 Essential Elements Of A Workplace Investigation

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Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick look at a significant workplace law issues that can impact manufacturers. This edition will focus on workplace investigations and how...more

Mintz - Health Care Viewpoints

FDA Rolls Out Innovative New Designation Programs in Response to Congressional Mandates

Many life sciences stakeholders are familiar with “traditional” designation programs operated by the Food and Drug Administration (FDA) in exercising its medical product authorities, such as the orphan drug designation and...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Summary Judgment Denied

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Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies...more

McGlinchey Stafford

Establishing and Challenging Standing in PFAS Litigation

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The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more

Goldberg Segalla

Appeals Court Upholds Summary Judgment in Favor of Cooling Tower Manufacturers

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Court: Court of Appeals of California, First Appellate District, Division One - Decedent Daniel Ochoa worked as a HVAC technician and pipefitter beginning in the 1970s.  His work involved extensive maintenance on...more

Foley Hoag LLP

Product Liability Update - April 2023

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MASSACHUSETTS - First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In...more

Linda Liu & Partners

The Standards of Proof of the “Original Scope” in the Prior-Use-Right Defense

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According to the relevant provisions of the Patent Law of the People's Republic of China, if the same product has been manufactured, the same method has been used, or the necessary preparations have been made for...more

Faegre Drinker Biddle & Reath LLP

Treating Physician’s Informed Consent Process and Decision-Making in Device Selection Lead to Partial Summary Judgment for Device...

A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more

White and Williams LLP

Dead Men Do Tell Tales: Pennsylvania Permits Decedent Depositions to Sink Summary Judgment

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“Dead Men Tell No Tales” – Captain Jack Sparrow, “Pirates of the Caribbean: Dead Men Tell No Tales” [Not True: Actually from a poem by the same name by Heniel Long (1888-1956) as found in Modern American Poetry, Untermeyer,...more

Holland & Hart - Your Trial Message

Understand the Two-Edged Sword of Subsequent Remedial Measures

When an alleged hazard exists and causes a person to be injured, then maybe a business might think about fixing it. But would the fix amount to a confession and cause the business to own that prior liability? That’s the...more

Butler Snow LLP

Product Recall – Proof of Responsible Manufacturer Not Defect

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News of a product recall often motivates potential plaintiffs to a search for a lawyer. But the truth is a product recall is an act of responsibility and should not be used to penalize a manufacturer in court....more

White and Williams LLP

California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product...

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In Kim v. Toyota Motor Corp., 6 Cal.5th 21 (Cal. 2018), the Supreme Court of California considered whether the trial court properly allowed the defendant to introduce evidence of industry custom and practice in defense of a...more

Sands Anderson PC

Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

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In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim....more

Spilman Thomas & Battle, PLLC

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

Morrison & Foerster LLP

Top Ten International Anti-Corruption Developments for December 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

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DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

Beveridge & Diamond PC

Louisiana Federal Court Rejects Expert Testimony Tying Gasoline to AML

Underscoring the importance of the distinction between a product and its component parts, a federal court in Louisiana refused to allow expert testimony that exposure to gasoline caused acute myeloid leukemia (“AML”) in a...more

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