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Liability Product Defects Appeals

Marshall Dennehey

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

Marshall Dennehey on

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

Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

Husch Blackwell LLP on

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

Bennett Jones LLP on

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

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

Butler Snow LLP

A Link in the Chain? Developments Regarding E-Commerce Website Liability for Defective Products Sold by Third-Party Vendors

Butler Snow LLP on

More than 100 years ago, the New York Court of Appeals issued its now-infamous opinion in MacPherson v. Buick Motor Co., which ushered American courts into a new age of personal injury jurisprudence. Writing for the majority,...more

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