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Manufacturing Defects

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2019

Welcome to the first 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Shook, Hardy & Bacon L.L.P.

The Healing Touch: Haptic Feedback And The State-of-the-Art Defense

by Shook, Hardy & Bacon L.L.P. on

As more and more surgical robots make their way into operating rooms, companies are learning valuable lessons about how their devices function in the real world. ...more

White and Williams LLP

California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely...

by White and Williams LLP on

In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right...more

Howard Ankin

If You’re Driving GM, Your Life Could Be at Risk

by Howard Ankin on

GM is recalling more than one million vehicles for faulty brake and steering parts that may cause vehicles to crash during normal driving operation....more

Wilson Elser

The Motion for Partial Summary Judgment: The Litigator’s Often Forgotten Tool

by Wilson Elser on

The discovery phase in your products liability lawsuit has been completed and it’s time to decide the next course of action before proceeding to trial. One possibility, of course, is to move for summary judgment to knock out...more

Hogan Lovells

CDRH's Voluntary Malfunction Summary Reporting Program

by Hogan Lovells on

On August 17, 2018, the Food and Drug Administration (FDA) released the Medical Device Voluntary Malfunction Summary Reporting Program (VMSRP) agreed between industry and the FDA as a part of the Medical Device User Fee...more

Searcy Denney Scarola Barnhart & Shipley

Smith & Nephew SMF Hip System and REDAPT Recall Lawyers

Searcy Denney is representing clients who have been implanted with the Short Modular Femoral Hip System and Modular REDAPT from Smith & Nephew in lawsuits alleging that the manufacturer failed to warn them of the risks...more

Husch Blackwell LLP

United States Supreme Court To Consider The Bare Metal Defense

by Husch Blackwell LLP on

The United States Supreme Court granted a petition for certiorari in Air and Liquid Systems Corp. et al. v. Devries et al. and is set to wade into the fiercely contested waters surrounding the bare metal defense under...more

Harris Beach PLLC

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

Hogan Lovells

Straight Talks: Innovations in product liability for autonomous and connected vehicles

by Hogan Lovells on

The autonomous vehicle revolution has introduced an exciting array of innovations into the automobile industry. Groundbreaking technology has created ingenious ways to address mobility and traffic issues. But it has also...more

Harris Beach PLLC

Circumstantial Evidence Ruled Not Enough in Case Against Medical Device Manufacturer

by Harris Beach PLLC on

Frederick (Rick) Fern and the New York City Harris Beach Life Science Practice Group were successful in securing a summary judgment for medical device manufacturers Curlin Medical Inc., Moog Inc., and distributor B. Braun...more

The Brown Firm

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

Bennett Jones LLP

Common Defect Found in Multiple-Model Product Liability Class Action

by Bennett Jones LLP on

In a recent case before the British Columbia Supreme Court, N&C Transportation Ltd. v. Navistar International Corp., 2016 BCSC 2129 [N&C], Justice Skolrood certified a multiple-model product liability class action after...more

Farella Braun + Martel LLP

Selling Products In California: Navigating Product Regulations

by Farella Braun + Martel LLP on

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

Cozen O'Connor

Proposed Legislation to Relax Rules on Medical Device Reporting Passes U.S. House

by Cozen O'Connor on

On July 13, 2017, the U.S. House of Representatives passed a bill that would triple the amount of time in which medical device manufacturers are required to report certain malfunctions of some products to the Food and Drug...more

Carlton Fields

Multiple Instances of Defectively Designed, Manufactured, or Installed Windows Does Multiple Occurrences Make

by Carlton Fields on

After previously holding that various claims against the insured, Pella, alleged property damage caused by an “occurrence,” thus triggering Liberty Mutual Insurance Company’s (“Liberty”) coverage obligations under various CGL...more

Cozen O'Connor

The Failure to Warn of Cannabinoid Hyperemesis Syndrome

by Cozen O'Connor on

As more states legalize marijuana for recreational use, the long-term effects of marijuana use —the good and the bad — will continue to have a significant effect on the law, and in particular, products liability law. Products...more

Cozen O'Connor

U.S. DOT Moving Closer to Certification of Driverless Cars

by Cozen O'Connor on

Motor vehicle design continues to make significant technological leaps incorporating a number of automated features, with many manufacturers pioneering the concept of driverless cars. What was once the stuff of science...more

Cozen O'Connor

Olympus Duodenoscope Recall: Lessons Learned on How to Manage a Class II Device Failure

by Cozen O'Connor on

Earlier this year Olympus Corp. (“Olympus”) announced that it would recall and redesign its TJF-Q180V duodenoscope following its link to deadly patient infections in the United States and abroad. This situation presents an...more

Snell & Wilmer

Product Liability Verdicts in Arizona

by Snell & Wilmer on

Product liability cases show a strong defense trend in Arizona. Since 2011, Arizona juries have given twelve defense verdicts and three plaintiff’s verdicts. Here are all of the Arizona product liability verdicts over the...more

Butler Snow LLP

Bad Bullets Brings Sixth Circuit in Line with Siblings: The Commercial Activity Exception to the Foreign Sovereign Immunities Act

by Butler Snow LLP on

On March 7, 2016, the Sixth Circuit Court of Appeals joined its sibling circuits by affirming a ruling from the Southern District of Ohio, which found that the design and manufacture of a product is a commercial activity...more

Foley & Lardner LLP

NHTSA Issues Recommended Best Practices for Protective Orders and Settlement Agreements in Private Litigation

by Foley & Lardner LLP on

The National Highway Traffic Safety Administration (NHTSA) last week issued “Enforcement Guidance Bulletin 2015-01: Recommended Best Practices for Protective Orders and Settlement Agreements in Civil Litigation,” which is...more

Searcy Denney Scarola Barnhart & Shipley

Manufacturing Defect, Misrepresentation and Concealment Claims Will Proceed in Mesh Case

In 2004, a Georgia resident was diagnosed with stress urinary incontinence. On July 16, 2004, she was implanted with a Mentor transobturator sling. In December 2010, she began experiencing pain in her thigh and saw an...more

Cozen O'Connor

Washington Court Upholds Preemption Ruling for Aircraft Component Manufacturer

by Cozen O'Connor on

Last week, in the Estate of Virgil Becker v. Forward Technology Industries, Inc., a Washington appellate court upheld a lower court decision affirming the dismissal of claims against an aircraft component manufacturer on...more

Morrison & Foerster LLP

Sixth Circuit Sweeps State-Law Design Defect Claims Under the Rug of Impossibility Preemption

by Morrison & Foerster LLP on

Last week, the Sixth Circuit Court of Appeals issued a groundbreaking opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. that could change the liability landscape for brand-name drug manufacturers. No. 15-3104...more

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