News & Analysis as of

Failure To Warn

Cannabis Consumer Class Actions Are Being Filed

by Wilson Elser on

On May 10, 2018, a vape cartridge customer filed a consumer class action in Los Angeles Superior Court against cannabis brand Brass Knuckles and Alvin Nathaniel Joiner, better known as the rapper Xzibit. Also named is SC...more

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

by Harris Beach PLLC on

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

New Strategies for Winning Dismissal of a Failure to Warn Claim: Wu Jiang v. Ridge Tool Company

A recent decision granting summary judgment for the defendant presents a compelling model for successfully defeating a failure to warn claim. Wu Jiang v. Ridge Tool Company, et. al, decided by the Honorable Rosalynn R....more

RKC Attorneys Win Defense Verdict For Louisville Ladder

by Rumberger Kirk & Caldwell on

Jury returns defense verdict in 18 minutes! Scott M. Sarason and Jens C. Ruiz of Rumberger, Kirk & Caldwell won a defense verdict on behalf of Louisville Ladder, Inc. on April 24, 2018, in a product liability case in the...more

The California Second Appellate District Revisits the “Retained Control” and “Hazardous Condition” Exceptions to Privette

by Low, Ball & Lynch on

Luis Gonzalez v. John R. Mathis, et al. - Court of Appeal, Second District (February 6, 2018) - The Privette doctrine, protects the hirers of independent contractors from liability for workplace injuries involving...more

Product Liability Update: April 2018

by Foley Hoag LLP on

Massachusetts Supreme Judicial Court Recognizes Claim Against Brand-Name Drug Manufacturer By Generic Drug User Where Failure To Warn Is Reckless - In Rafferty v. Merck & Co., 479 Mass. 141 (2018), plaintiff alleged...more

Louisiana Supreme Court Wades Into Punitive Damages In Maritime Context

Louisiana generally does not permit punitive damages. But if an accident happens on navigable waters, and the plaintiff brings a claim under federal maritime law, a Louisiana jury can award punitive damages, and Louisiana...more

Rafferty v. Merck Expands Potential Liability for Drug Manufacturers in Massachusetts

by Wilson Elser on

On March 16, 2018, Massachusetts’s highest court , the Supreme Judicial Court, issued a ruling that we believe will increase the product liability risk exposure for pharmaceutical manufacturers in the state. In the case of...more

Massachusetts Creates First-In-Nation Recklessness Standard For Claims Against Brand-Name Drug Manufacturers By Users Of Generics

by Foley Hoag LLP on

In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) held in Rafferty v. Merck & Co., No. SJC-12347 (Mar. 16, 2018), that the manufacturer of a brand-name prescription drug can be liable for...more

Brand-Name Manufacturers Could Be Liable for Generic Drug Injuries, Says Massachusetts Supreme Court

by Faegre Baker Daniels on

On March 16, 2018, Massachusetts joined a growing minority of states — California, Vermont and Illinois — recognizing innovator liability of name-brand drug manufacturers. Rafferty v. Merck & Co., Inc., SJC-12347, 2018 WL...more

Massachusetts Supreme Judicial Court Allows Innovator Liability Claims to Proceed Under A Recklessness Standard

by Mintz Levin on

Today, the Massachusetts Supreme Judicial Court made an important ruling concerning innovator liability with respect to pharmaceuticals. Though precluding negligence and traditional product liability claims against brand-name...more

Massachusetts Supreme Judicial Court Recognizes ‘Innovator Liability’

On March 16, 2018, in a matter of first impression in Massachusetts, the Supreme Judicial Court (“SJC”) joined a minority of states in recognizing a tort theory of “Innovator Liability” – namely, that brand-name drug...more

Will High Court Provide Clarity On 'Clear Evidence'?

by Morrison & Foerster LLP on

The U.S. Supreme Court may soon revisit one of its seminal decisions defining products liability law for pharmaceutical manufacturers. That decision — Wyeth v. Levine — addressed whether a branded manufacturer could be held...more

Lawsuit Against Online Dating App Grindr Dismissed Under Section 230 of the Communications Decency Act

Section 230 of the Communications Decency Act continues to act as one of the strongest legal protections that social media companies have to avoid being saddled with crippling damage awards based on the misdeeds of their...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Product Liability Update: January 2018

by Foley Hoag LLP on

First Circuit Holds Foreseeability of Health Risk Is Standard For Failure To Warn Even Though Claim Is For Property Remediation, And Bulk-Selling Chemical Manufacturer Had Post-Sale Duty To Warn Only Direct Customers Even If...more

Product Liability: 2017 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

WV Supreme Court Kicks Failure to Warn Case Under Michigan Law

by Steptoe & Johnson PLLC on

The West Virginia Supreme Court of Appeals recently upheld the Mass Litigation Panel’s grant of summary judgment against a class of Plaintiffs alleging birth defects resulting from the use of prescription medicine in...more

Top Automobile Recalls in 2017 Due To Personal Injuries

by The Brown Firm on

As we wrap up 2017 and push forward into the New Year, it is important to look back at some of the most important events that took place in 2017.  From our perspective, auto accident recalls were a big deal in 2017!...more

CAS Legal Mailbag Question of the Week – November, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: My brother-in-law is a first-shift foreman at our local Skippy Peanut Butter factory, and he has offered to make the factory available for field trips for our middle school students. I think that he and...more

Selling Products In California: Navigating Product Regulations

Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more

A Corporate Law Takeaway From Judge Nelson’s Ruling In The Talcum Powder Case

by Allen Matkins on

After a three week trial that included extensive expert testimony, a Los Angeles jury returned a $417 million verdict against Johnson & Johnson ($68 million non-economic and $340 million punitive damages) and its subsidiary...more

Product Liability Update: October 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Multi-District Litigation Holds Under Six States’ Laws That Manufacturer Of Brand-Name Pharmaceutical Is Not Liable For Injuries Caused By Generic Equivalents Whose Manufacturers Were Required...more

Aviations Happenings - Fall 2017

The Fall 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant cases and developments in aviation law, including: ·$2.8 Million Verdict Upheld Against Engine...more

Take-Home Exposure and Stream of Commerce

by Low, Ball & Lynch on

Joseph Petitpas v. Ford Motor Company, et al. - Court of Appeal, Second Appellate District, 13 Cal.App.5th 261 (July 5, 2017) - Plaintiffs Marline and Joseph Petitpas sued Exxon Mobil Corporation, Ford Motor Company,...more

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