News & Analysis as of

Manufacturing Defects

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

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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

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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

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At the end of 2022, FDA published a draft guidance on Voluntary Malfunction Summary Reporting (VMSR) Program for Manufacturers. The draft guidance explains several aspects of the VMSR Program, including FDA’s approach to...more

DRI

[Event] Strictly Automotive Seminar - September 18th - 20th, Chicago, IL

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​​​​​​​Join us for a timely seminar focused on current issues affecting those who practice in the automotive space. Gain perspective from in-house counsel regarding their business and legal concerns. Increase your...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

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

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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

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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

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

Faegre Drinker Biddle & Reath LLP

Pennsylvania Stays in a Minority of Two States in Prohibiting Evidence of Compliance With Government and Industry Standards in...

Just before Christmas, the Pennsylvania Supreme Court delivered a lump of coal to products liability defendants: Sullivan v. Werner Co., 2023 WL 8859656 (Pa. Dec. 22, 2023), affirming a lower court ruling that barred evidence...more

Jones Day

Michigan Senate Votes to Repeal Pharmaceutical Immunity From Product Liability Suits

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The Michigan Senate recently passed a bill to repeal a long-standing state law immunizing pharmaceutical manufacturers and sellers from product liability suits where the pharmaceutical products were approved by the U.S. Food...more

Marshall Dennehey

Federal District Court Recognizes Important Limitations on “Post-Sale Duty to Warn”

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Liebig v. MTD Products, Inc., et al., Civ. No. 2:22-cv-04427, 2023 WL 5517557 (E.D. Pa. Aug. 25, 2023) - A product may be defective if it is sold without adequate warnings. But what if a manufacturer learns new safety...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Defective Products on Florida Consumers: Types of Product Liability Claims

Defective products can lead to serious injuries and even the wrongful death of you or a loved one. Cases that stem from defective products come in a variety of forms and can involve a range of defendants. Understanding how...more

Searcy Denney Scarola Barnhart & Shipley

Types of Product Liability Claims in Florida: Design, Manufacturing, and Marketing Defects

We all expect products to be safe when we purchase them for ourselves or our children. Unfortunately, there are times when injuries occur as a result of using a product. Understanding the different types of claims that can be...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Expert Witnesses in Product Liability Cases in Florida

Product liability cases are some of the most complicated matters which arise in personal injury law. Such cases involve complicated issues regarding the design, manufacture, and foreseeable uses of products. A Plaintiff will...more

Morgan Lewis

Trends in Automotive Class Actions

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As the types of automotive class actions continue to evolve, so too do class action trends and developments. Morgan Lewis lawyers detail below some of the hot topics in automobile class action litigation, such as personal...more

Harris Beach PLLC

Fitness Companies Flex with Dismissal in NY UCC Elastic Band Case

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New York’s Appellate Division, First Department recently issued favorable dismissals to a sporting goods retailer and manufacturer in a case alleging issues with an elastic exercise band that injured a person’s right eye in a...more

Nutter McClennen & Fish LLP

Product Liability 2022 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2022. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Bricker Graydon LLP

[Webinar] The Lightning Round: Product Liability and Beyond - October 19th, 11:00 am - 1:00 pm EST

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Regulatory challenges and legal threats facing product manufacturers change at a rapid pace, and this is especially true in a COVID-19 world. Join Bricker attorneys and distinguished experts as we cover a myriad of topics...more

Kerr Russell

Lemon Law in the Age of Electric Vehicles

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The still-developing technology and supply chains for Electric Vehicles (EVs) have spawned a new age in Lemon Law and Consumer Protection actions. In particular, EVs are subject to claims related to battery defects, vehicle...more

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