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Manufacturing Defects Manufacturers

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

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At the end of 2022, FDA published a draft guidance on Voluntary Malfunction Summary Reporting (VMSR) Program for Manufacturers. The draft guidance explains several aspects of the VMSR Program, including FDA’s approach to...more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

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

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

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

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

Miles Mediation & Arbitration

Rising Complexity Across Global Supply Chains is Exacerbating Product Liability Risks

Whether an individual is purchasing a new car, a new television, or a new kitchen appliance, the company that makes those products isn’t the only manufacturer involved. In today’s global economy, most products are made by an...more

Maron Marvel

Impact of DeVries Decision Regarding Bare Metal Defense in Asbestos Litigation Primarily Limited to Maritime Cases

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Three years and one pandemic after the U.S. Supreme Court provided guidance in March 2019 on the bare metal defense in asbestos litigation commonly known as “DeVries,” the bare metal defense is alive and well. Some predicted...more

Searcy Denney Scarola Barnhart & Shipley

C.R. Bard, Inc. Faces First Bellwether Trial Over Hernia Mesh Injuries – Hernia Mesh Lawyer Explains

C.R. Bard, Inc. is one of many medical device companies involved in large nationwide litigation concerning defective hernia mesh products. C.R. Bard, Inc. faces more than 25,000 lawsuits in state and federal courts, with the...more

Kohn, Kohn & Colapinto LLP

Manufacturer of Defective Heart Devices Settles False Claims Act Case for $27 Million

St. Jude Medical Inc. (“St. Jude”), which was acquired by Abbott Laboratories in 2017, entered into a settlement last week with the United States Department of Justice (“DOJ”) for $27 million to resolve allegations it had...more

Faegre Drinker Biddle & Reath LLP

Indiana State and Federal Courts Rule That Manufacturing Defect Claims May Survive Preemption in PMA Context

Indiana courts have recently addressed preemption issues in matters involving devices approved by the Food and Drug Administration (FDA) through the premarket approval (PMA) process. First, the Indiana Court of Appeals...more

McGlinchey Stafford

Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]

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How is it that in 2020, we are still discussing personal jurisdiction? Wasn’t this decided in the last century? What has changed? These questions have become increasingly relevant following sea change decisions in Goodyear,...more

K&L Gates LLP

‘Fitness for Purpose’ and Conflicting Obligations in Offshore Wind Projects

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Two recent cases in the UK illustrate the tricky issues Employers and Contractors have to grapple with in defining the responsibilities of contractors involved in the construction of offshore wind projects. There are no...more

Faegre Drinker Biddle & Reath LLP

Does Pennsylvania Recognize Strict Liability Claims Against Medical Device Manufacturers? A Pennsylvania federal court calls the...

For at least two decades, Pennsylvania law has recognized an exemption from strict liability for prescription drug manufacturers based on the state Supreme Court’s interpretation of the Restatement (Second) of Torts Sec. 402A...more

Searcy Denney Scarola Barnhart & Shipley

Smith and Nephew SMF and Redapt Modular Hip Implant Recall

In what has become an alarming trend in drug and medical device manufacturing, Smith and Nephew felt compelled to copycat other hip implant manufacturers and market a pair of dual modular hip stems. This trend is alarming...more

White and Williams LLP

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

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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

Hogan Lovells

CDRH's Voluntary Malfunction Summary Reporting Program

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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

Husch Blackwell LLP

United States Supreme Court To Consider The Bare Metal Defense

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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

Hogan Lovells

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

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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

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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

Bennett Jones LLP

Common Defect Found in Multiple-Model Product Liability Class Action

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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

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

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