News & Analysis as of

Liability Product Defects

Marshall Dennehey

Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

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Berkoski v. Honda Motor Company, Ltd., 328 A.3d 986 (N. J. Super., App. Div. 2025) - This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if...more

Husch Blackwell LLP

Hawaii Court Hands Down Hefty Verdict Against Tobacco Company Defendant in Throat Cancer Trial

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In a recent case pending in Hawaii state court, a husband and wife sued a tobacco company defendant for various claims related to its manufacturing and marketing of tobacco cigarettes, including strict products liability,...more

Husch Blackwell LLP

Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

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The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In...more

Bennett Jones LLP

A Product Cannot Damage Itself: Ontario Court of Appeal Sets Aside Certification of Motor Vehicle Engine Class Action

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Damage to a product resulting from a defect within the product constitutes presumptively unrecoverable pure economic loss. That is the conclusion of the Ontario Court of Appeal in North v. Bayerische Motoren Werke AG, 2025...more

Goldberg Segalla

Louisiana Jury Returns $3M Plaintiff Verdict in Talc Trial

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Jurisdiction: Civil District Court for the Parish of Orleans, State of Louisiana - A Louisiana Jury returned a plaintiff’s verdict May 7 after an eight-week trial against Johnson & Johnson and Pecos River Talc LLC....more

Husch Blackwell LLP

A Check on Experts in the Talcum Powder World

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On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide talcum powder litigation)...more

Goldberg Segalla

$18 Million Verdict Awarded in Asbestosis Case Following Trial against Manufacturer

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Jurisdiction: Broward County Circuit Court - A Florida jury on April 23 handed down an $18 million verdict in aperitoneal mesothelioma case brought by the law firm of Maune Raichle Hartley French & Mudd, LLC....more

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

Lithium-Ion Battery/Common Law Action: Faulkner County, Arkansas Circuit Court Complaint Filed Alleging Personal Injuries Due to...

Andrew Riggs (“Plaintiff”) filed an April 24th Complaint in the Faulkner County, Arkansas Circuit Court alleging personal injuries when to what is described as a 21700 lithium-ion battery exploded. See 23CV-25-965....more

Husch Blackwell LLP

Guns, Liability, and the Law: Why the Gustafson Decision Matters

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The Protection of Lawful Commerce in Arms Act (PLCAA) has long been a cornerstone of protection for firearms manufacturers and sellers, shielding them from liability when their products are misused in crimes. But recent...more

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

Goldberg Segalla

Florida Jury Awards Plaintiff $18 Million in Asbestos Case against Brake Grinding Manufacturer

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Court: Florida – 17th Judicial Circuit Court - Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and household exposure from...more

Searcy Denney Scarola Barnhart & Shipley

FDA Recalls: How to Stay Informed About Unsafe Products

Unsafe product recalls are alarmingly common. While all companies have a legal obligation to ensure that their products are safe for use or consumption, companies fail to meet this obligation far too often. In many cases,...more

Morris James LLP

Depo-Provera Litigation Update: What Comes Next in the Legal Process?

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The recent decision by the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate Depo-Provera lawsuits into MDL No. 3140 in the Northern District of Florida marks a critical step forward for individuals who...more

Melito & Adolfsen

“Taking the Suddenness Out of Accident”

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Can AI or Chat GBT write poetry, perhaps by accident. But an insurance underwriter came up with the phrase: “Taking the suddenness out of accident.” Now that’s poetry. The poet was describing the “occurrence” definition in an...more

Goldberg Segalla

Jury Returns Verdict for American Honda in Asbestos Brakes Case

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Jurisdiction: Calif. Super., Los Angeles Co. - Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was...more

Searcy Denney Scarola Barnhart & Shipley

Golf Carts and Car Accidents: Navigating Liability in Florida’s Retirement Communities

If you use a golf cart to get around your retirement community, you aren’t alone. Golf carts have been popular in retirement communities for decades, and they have become even more popular in recent years. If you’ve been...more

Foley Hoag LLP

Product Liability Update - February 2025

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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

Nutter McClennen & Fish LLP

Product Liability 2024 Year in Review

Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Hogan Lovells

The CJEU reinforces the liability of the distributor in claims for damages for defective products

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The Court of Justice of the European Union (CJEU) reinforces the liability of the distributor in claims for damages caused by defective products in cases of identity between the name of the distributor and the brand it...more

Gardner Law

Product Liability Prevention: A Proactive Approach for FDA-Regulated Industries

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Medical device, drug, food, cosmetic, and other FDA-regulated product manufacturers face the constant threat of product liability lawsuits. Claims of injuries from allegedly defective products can lead to significant...more

Goodwin

EU Updates its Product Liability Regime: Important Considerations for Providers of AI Systems and Software

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The European Union has significantly overhauled its product liability regime with a new directive concerning liability for defective products (Product Liability Directive). EU member states have until December 9, 2026, to...more

Searcy Denney Scarola Barnhart & Shipley

How to File a Product Liability Claim for Defective Car Parts in Florida

When a defective car part causes an accident or injury, the consequences can be devastating. If you or a loved one have suffered due to a faulty automobile part(s), you may have the right to file a product liability claim to...more

Jones Day

CJEU Ruling: Impact of Trademarks on Joint Liability of Suppliers and Producers

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The Court of Justice of the European Union ("CJEU") has issued a ruling on the joint liability of suppliers and producers in the context of product liability, with notable implications for the use and impact of trademarks in...more

Holland & Hart - Your Trial Message

Account for a Jury’s Purpose on Damages

Something that we see over and over again in mock trials has now occurred in an actual trial. A recent jury in Allegheny County, Pennsylvania entered a defense verdict in favor of Johnson & Johnson, answering “No” to the...more

Marshall Dennehey

Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court...

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Doe A.F. v. Lyft, Inc., No. 23-3990-KSM, 2024 WL 4479912 (E.D. Pa. Oct. 10, 2024) - The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app....more

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