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Failure To Warn Preemption Strict Product Liability

McGuireWoods LLP

State Court Rejection of Federal Preemption in Product Liability Claim Highlights Uncertainty for Manufacturers

McGuireWoods LLP on

On Feb. 11, 2025, the Missouri Court of Appeals for the Eastern District in Durnell v. Monsanto Co., upheld a jury verdict awarding $1.25 million in compensatory damages to plaintiff John Durnell from defendant Monsanto Co....more

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

Segal McCambridge on

For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more

Dechert LLP

Dechert Re:Torts - Issue 18

Dechert LLP on

Bipartisan Momentum Builds to Shine Light on Litigation Funders - In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tank Rupture/Hazardous Materials Transportation Act: Federal Court Addresses Whether State Law Claims for Negligence/Strict...

The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

Nutter McClennen & Fish LLP

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

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