News & Analysis as of

Negligence Manufacturers

Bennett Jones LLP

Certification Denied in Proposed Negligent Design Class Action Against Gun Manufacturer for Mass Shooting

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The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion....more

McCarter & English, LLP

Artificial Intelligence & Product Liability

As federal agencies and states grapple with regulating artificial intelligence (AI) to enhance its safety profile, and as businesses race to adopt AI for myriad purposes, it is important to recognize a general safety...more

Husch Blackwell LLP

Has Recent Automobile Innovation Impacted Automobile Manufacturers’ Avenues of Defense?

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Vehicles are more complex now, than ever, offering incredible and exciting technology, including self-driving features. But as innovation continues to rapidly change the automotive industry, can we expect the same innovation...more

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court

The California Supreme Court granted review in Gilead Life Sciences v. Superior Court—a hopeful turn of events after lower courts issued decisions that resulted in an unprecedented expansion of negligence liability for...more

Jones Day

California Supreme Court Will Review Novel Negligence Theory for Pharmaceutical Manufacturers

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The Situation: The California Supreme Court recently granted review of a California Court of Appeal decision, Gilead Life Sciences, Inc. v. The Superior Court of the City and County of San Francisco, that made waves in the...more

Searcy Denney Scarola Barnhart & Shipley

How Can You Have Safety in the Face of Deceptive Marketing? The Critical Battle for Booster Seat Safety and Deceptive Marketing –...

As a lawyer handling product liability cases, I’ve come across numerous instances that highlight the often dangerous shortcomings of child safety products. But nothing quite underscores the gravity of this issue like the...more

Marshall Dennehey

In-State Flea Market is Not a Seller of a Product and No Negligence Duty Exists for a Flea Market That Merely Markets and...

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Leibig v. MTD Products, Inc., Civ. No. 22-4427, 2023 WL 3689983 (E.D. Pa. May 25, 2023) - The plaintiff, a Pennsylvania citizen, brought suit in Philadelphia County, claiming injuries suffered from a defective snow thrower...more

Segal McCambridge

Seventh Circuit Holds That Product Manufacturers Are Responsible for Their Product’s Packaging Under Illinois Law

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You can’t judge a book by its cover, but you can hold the publisher liable for the packaging. In its recently issued opinion, Johnson v. Edward Orton, Jr. Ceramic Foundation, 71 F.4th 601 (7th Cir. 2023), the Seventh Circuit...more

Foley & Lardner LLP

Seventh Circuit Finds the Duty to Warn Can Extend to Packaging Manufactured by Another Company

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Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product?  What about when the company wasn’t warned that packaging could contain anything potentially...more

Troutman Pepper

Tennessee AG Sues More Than 20 PFAS Manufacturers

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Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform...more

McGuireWoods LLP

Illinois Takes Expansive View of Personal Jurisdiction Over Component Parts Manufacturer

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Building on federal precedent regarding specific jurisdiction over vehicle manufacturers, the Appellate Court of Illinois recently extended personal jurisdiction to a component parts manufacturer in a decision with...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Is There a Defense Where a Plaintiff Altered a Product?

Is there a defense where a plaintiff altered a product? Yes. In an Arkansas products liability claim, the plaintiff must prove that the product was supplied by the defendant in a defective condition. AMI 1008. “If a product...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does a Supplier of a Defective Product Have Recourse Against a Manufacturer?

Does a supplier of a defective product have recourse against a manufacturer? Yes. By statute, Arkansas has created indemnification rights accruing in favor of product suppliers. When a supplier of a defective product is not...more

Goldberg Segalla

PFAS ALERT: What Happens in California Won’t Likely Stay in California

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In what has been earmarked as the largest government enforcement PFAS action to date, California’s attorney general last month filed an historic lawsuit against more than a dozen per-and polyfluoroalkyl substance (PFAS)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does Arkansas Law Recognize a Cause of Action for Failure to Warn?

Does Arkansas law recognize a cause of action for failure to warn? Yes. Failure to warn claims may be applicable against both manufacturers and suppliers. A manufacturer of a product has a duty to give a reasonable and...more

Rumberger | Kirk

Florida Product Liability Law: 4th DCA Affirms Summary Judgment with Key Holdings for Manufacturers

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On June 15, 2022, the Fourth DCA issued its opinion in Michael Grieco v. Daiho Sangyo., Inc., AW Distributing, Inc., and Wal-Mart Stores East, LP affirming entry of summary judgment in favor of the manufacturer, distributor...more

Morris James LLP

What is Products Liability?

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In very simple terms, product liability holds a person or company legally and financially liable for harm that is caused when their product is defective. In the U.S. in 2020, nearly 11 million people were treated in hospital...more

King & Spalding

Apparel Companies Facing Increasing PFAS Litigation

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Last week, we highlighted a wave of litigation targeting underwear manufacturers. This week, litigation activity is now focusing on outerwear. On April 25, 2022, the same firm behind several of the underwear complaints...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

Smart & Biggar

B.C. Supreme Court declines to strike Province’s class action claims to recover healthcare costs and damages related to opioid...

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In August 2018, the Province of British Columbia (Province) commenced a class action on behalf of itself and other provincial and federal governments against approximately 50 pharmaceutical manufacturers, wholesalers, and...more

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Searcy Denney Scarola Barnhart & Shipley

Can I Sue for a Faulty Product?

Although “faulty” doesn’t necessarily mean “defective” or “dangerous,” product liability law does indeed hold manufacturers and others liable for producing dangerous products that cause injury. Product liability claims in...more

BCLP

Georgia's Apportionment Statute in Product Liability Lawsuits

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The Georgia Supreme Court recently issued a decision impacting all product liability cases in Georgia by finding that Georgia’s apportionment statute—O.C.G.A. § 51-12-33—applies to claims for strict product liability, and as...more

Searcy Denney Scarola Barnhart & Shipley

The Number One Rule in Product Liability Claims

Product liability is based in “tort” law, along with legal claims like intentional torts, negligence, and strict liability. Torts are wrongful acts that cause injury to another person. Product liability claims can be based on...more

Faegre Drinker Biddle & Reath LLP

Florida Appellate Court Authorizes the Use of the Risk-Utility Test in Complex Medical Device Cases

On October 7, 2020, Florida’s Fourth District Court of Appeal affirmed a defense verdict in favor of a medical device manufacturer and in doing so approved of the trial court’s use of the risk-utility test and not the...more

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