News & Analysis as of

Manufacturing Defects

Searcy Denney Scarola Barnhart & Shipley

Do You Have a Defective Drug Claim or a Medical Malpractice Claim?

If you have experienced serious or life-altering complications from a drug that your doctor prescribed, you may be entitled to financial compensation for your financial and non-financial losses. ...more

Frost Brown Todd

Kentucky Supreme Court Expands Jurisdictional Reach Over Out-of-State Manufacturers

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On October 23, 2025, the Kentucky Supreme Court issued a significant decision in Braun v. Bearman Industries, LLC (2024-SC-0277-DG) that will affect out-of-state manufacturers who sell products through distributors to...more

Searcy Denney Scarola Barnhart & Shipley

What Makes a Drug “Defective?”

If you or a loved one has been harmed by a defective drug, you may have grounds to file a lawsuit against the manufacturer. ...more

Faegre Drinker Biddle & Reath LLP

No Defect, No Negligence: Lessons from Rudzinskas v. Retractable Technologies, Inc.

A recent summary judgment decision out of the Southern District of Georgia illustrates the critical role of defect evidence (or lack thereof) in negligence claims involving medical devices. As the plaintiff in Rudzinskas v....more

Mandelbaum Barrett PC

How Can Defective Product Liability Apply to Automotive Parts in New Jersey?

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When your car’s brakes fail on a busy New Jersey highway or your airbag doesn’t deploy during a collision, a defective automotive part may have caused your injuries rather than driver error. In these cases, defective product...more

Searcy Denney Scarola Barnhart & Shipley

Defective Medical Devices and Their Impact on Patient Safety

Defective medical devices present serious risks for patients. Just how big—and how severe—is the problem? Consider this from the U.S. Food and Drug Administration (FDA): “Each year, the FDA receives over two million medical...more

Searcy Denney Scarola Barnhart & Shipley

The Link Between Certain Medications and Cancer Risk

When you take a medication your doctor prescribes, the last thing you expect is for it to do more harm than good. But, unfortunately, medications are not always as safe as they should be. In fact, some medications have been...more

Fishman Haygood LLP

U.S. Sixth Circuit Panel’s Rejection of GM’s Article III Standing and Predominance Challenges to Class Certification is Now Set...

Fishman Haygood LLP on

An August 2024 decision by a panel of the U.S. Sixth Circuit in Speerly v. General Motors, which underscores key developments in the law governing class certification, Article III standing, and the treatment of manifest...more

Foley & Lardner LLP

Sixth Circuit: Reliance Can Bar Class Certification Even if Not Express Element of Consumer Statutory Claim

Foley & Lardner LLP on

Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more

Pillsbury Winthrop Shaw Pittman LLP

Treasury Department and IRS Issue Final Regulations on the Advanced Manufacturing Production Credit Under Section 45X of the...

Under the final regulations, taxpayers are permitted to produce eligible components using recycled materials. Components which are sold and then later become defective will not be considered defective components for...more

Bennett Jones LLP

Plaintiffs Fail to Show "Some Basis in Fact" For Certification in Two Proposed Vehicle Defect Class

Bennett Jones LLP on

Class proceedings are frequently proposed after automakers issue recall notices. Two recent decisions from the Court of Appeal for Saskatchewan, Kane v FCA US LLC, 2024 SKCA 86 (Kane) and Evans v General Motors of Canada...more

Faegre Drinker Biddle & Reath LLP

Plaintiff’s Half-Baked Attempt to Prove Defect and Causation With Photographs of Moldy Bread Shows the Knead for Expert Testimony

A picture may be worth a thousand words, but that doesn’t make the camera an expert witness. Product liability actions usually require expert testimony to prove defect and causation. Pictures, like other documents, can be...more

Foley Hoag LLP

Product Liability Update - July 2024

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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

Husch Blackwell LLP

The Specter of Nuclear Verdicts and Middle-Market Companies

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The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such...more

Stikeman Elliott LLP

Ontario Court Dismisses Failure to Warn and Negligent Manufacture Claims Against Defendants in Leaky Dishwasher Case

Stikeman Elliott LLP on

In Pelton v Maytag, 2024 ONSC 3016 (“Pelton”) the Ontario Superior Court of Justice (the “Court”) ruled that the defendant manufacturers were not liable for failing to warn consumers that the product could fail because of a...more

Jackson Lewis P.C.

AG Paxton’s DEI Investigation and 10 DEI Steps to Take

Jackson Lewis P.C. on

What do missing bolts on an airplane door and employer diversity, equity, and inclusion (DEI) programs have in common? Texas Attorney General (AG) Ken Paxton is determined to link the two. Many DEI initiatives are lawful, and...more

Troutman Pepper Locke

Spirit AeroSystems Files Lawsuit Against Texas

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Spirit AeroSystems, Inc. (Spirit), a subsidiary of a company that produces fuselages for Boeing’s 737 jets, has filed a lawsuit against Texas in response to the attorney general’s (AG) recently initiated investigation into...more

Epstein Becker & Green

Unpacking Averages: Assessing the Products Included in FDA's Voluntary Malfunction Summary Reporting Program

At the end of 2022, FDA published a draft guidance on Voluntary Malfunction Summary Reporting (VMSR) Program for Manufacturers. The draft guidance explains several aspects of the VMSR Program, including FDA’s approach to...more

Foley & Lardner LLP

The Dawn of AI in Manufacturing: Understanding Its Wide Reaching Impact on Industry

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In the contemporary landscape of manufacturing, a silent revolution is taking place, driven by the integration of artificial intelligence (AI) into various processes. As factories become smarter and more interconnected, AI is...more

Troutman Pepper Locke

Texas AG Announces Investigation Into Boeing Supplier

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Texas Attorney General (AG) Ken Paxton has announced an investigation into Boeing supplier, Spirit Aerosystems, for alleged manufacturing defects, which are believed to have caused various “concerning incidents, some of which...more

Cozen O'Connor

Texas AG Investigation into Boeing Parts Supplier Takes Flight

Cozen O'Connor on

Texas AG Ken Paxton has opened an investigation into Spirit AeroSystems Holdings, Inc., which manufactures and supplies fuselages for Boeing’s 737 jets, over the reported manufacturing defects associated with recent incidents...more

Foley Hoag LLP

Product Liability Update - April 2024

Foley Hoag LLP on

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

Spilman Thomas & Battle, PLLC

Pennsylvania Supreme Court Revisits the Admissibility of Evidence of Product’s Compliance with Governmental Regulations or...

In 2014, the Pennsylvania Supreme Court issued its much-anticipated opinion in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328 (2014). That case was a product liability action based on a design defect. The defense bar...more

Searcy Denney Scarola Barnhart & Shipley

The Exactech Recall: A Quick Synopsis and Update on What You Need to Know

Exactech is a medical device company that manufactures implantable joint replacements. It is also a company that has faced numerous lawsuits related to its products in recent years. In many cases, Exactech has acknowledged...more

Searcy Denney Scarola Barnhart & Shipley

The Most Common Exactech Shoulder Issues and How to Identify Them

Getting a shoulder replacement is supposed to improve your quality of life. It is supposed to eliminate your pain, restore your mobility and allow you to do most of the things you were able to do before you started to have...more

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