News & Analysis as of

Failure To Warn Punitive Damages

Goldberg Segalla

Boiler Manufacturer’s Motion to Dismiss Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages....more

Husch Blackwell LLP

Federal Court Tosses Fifteen-Year-Old Lead Paint Personal Injury Lawsuit

Husch Blackwell LLP on

On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint...more

King & Spalding

Apparel Companies Facing Increasing PFAS Litigation

King & Spalding on

Last week, we highlighted a wave of litigation targeting underwear manufacturers. This week, litigation activity is now focusing on outerwear. On April 25, 2022, the same firm behind several of the underwear complaints...more

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

Waste Transfer Station/Community Service Volunteer: Federal Court Addresses Injury Claim Related Issues

The United States District Court for the Eastern District of Virginia in a May 10 Opinion and Order (“Opinion”) addressed a negligence claim against a Waste Transfer Station (“Landfill”) operator. See Buchanan v. Santek Env’t...more

Faegre Drinker Biddle & Reath LLP

California [Again] Confronts the High Cost of Litigation Uncertainty

The first appellate shoe has dropped in the litigation involving the herbicide Roundup, Johnson v. Monsanto Co., decided July 20, 2020, by California’s 1st District Court of Appeal, Division One. We discussed the verdict and...more

Mayer Brown

If This Isn’t A Product Of Passion Or Prejudice, What Is?

Mayer Brown on

By now, you’ve probably read reports of the $8 billion punitive verdict against Johnson & Johnson in an individual case alleging failure to warn that young men using its antipsychotic drug Risperdal could develop breasts. ...more

Mayer Brown

Louisiana Supreme Court Wades Into Punitive Damages In Maritime Context

Mayer Brown on

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

Alston & Bird

Judge Presiding over Risperdal Litigation Issues Decision on Choice of Law

Alston & Bird on

Last week, the coordinating judge for the Risperdal mass tort litigation released an opinion explaining why punitive damages claims are barred in the nearly 1,500 cases consolidated in the Philadelphia Court of Common Pleas. ...more

Searcy Denney Scarola Barnhart & Shipley

The Boston Mesh Litigation

Mesh products have been regularly used to repair abdominal hernias since the 1950s. In the 1970s, gynecologists used surgical mesh products designed for abdominal hernia repair to repair prolapsed organs....more

Foley Hoag LLP

Product Liability Update -- October 1, 2013

Foley Hoag LLP on

In This Issue: ..Massachusetts Supreme Judicial Court (Finally) Enforces Agreement for Individualized Arbitration of Unfair and Deceptive Practices Claims Following United States Supreme Court Decision Reversing...more

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