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Product Defects

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

Jones Day

Enforcing the Line Between Product Liability and Public Nuisance

Jones Day on

Around the country, creative plaintiffs' lawyers have been repackaging product liability claims as public nuisance claims to avoid dismissal. Plaintiffs have used this maneuver to attempt an end-run on important product...more

Morrison & Foerster LLP - Class Dismissed

Confidentiality At Risk: California Legislature Considers Bill That Would Limit Scope Of Confidentiality In Product Liability And...

California lawmakers are considering a bill that would limit confidentiality in cases involving allegations of defective products or environmental harms by placing restrictions on protective orders and confidentiality terms...more

Patrick Malone & Associates P.C. | DC Injury...

As recall of sleep apnea devices expands, U.S. prods firm to act faster

Federal officials have ramped up the pressure on a Dutch conglomerate over its expanding but slow recall of sleep apnea breathing devices relied on by millions of increasingly angry U.S. patients. The Justice Department...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

Stark & Stark

A Simple Guide to Exactech Hip, Knee and Ankle Replacement Lawsuits and Settlements

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How Do I Know If I Have a Exactech Claim? STEP 1: Obtain Medical Records - We have written extensively about the different types of defects in certain Exactech products, and the various causes of those defects,...more

Stark & Stark

A Definitive Guide to ParaGard Lawsuits

Stark & Stark on

What Is ParaGard And Why Are There ParaGard Lawsuits? ParaGard is one of many intrauterine medical devices (IUDs) on the market that are implanted in women as a birth control device. Like all IUDs, ParaGard is meant to...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Confirms That Alleged Defect in “Simple” Component of More Complex System Must Be Proven by Expert Testimony When...

A plaintiff who alleges that a product is defective usually has to offer expert testimony in support of that allegation. This should come as no surprise for complex products – if it took a team of scientists and engineers to...more

Husch Blackwell LLP

The Sixth Circuit Tosses the Specific Defect Requirement under Tennessee Law

Husch Blackwell LLP on

Under the Tennessee Products Liability Act, plaintiffs used to be required to identify a specific defect or condition that made the product unreasonably dangerous and proximately caused the alleged injuries. But in Hill v....more

Patterson Belknap Webb & Tyler LLP

Burned Again: District Court Dismisses Putative Class Action Alleging Sunscreen Adulteration Due to Lack of Article III Standing

In this age of mass manufacturing, each unit in a product line is usually the same as every other.  But manufacturing isn’t perfect.  Sometimes, for various reasons, some units in a product line will deviate from the...more

Console and Associates, P.C.

Car Fire Lawsuit Attorneys are Now Evaluating Claims Involving Recalled Hyundai and Kia Vehicles

Auto fires can lead to significant property damage, serious injuries, and deaths. In the wake of a recall involving nearly half a million Hyundai and Kia vehicles that are at risk of developing spontaneous engine compartment...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 2022

Rivkin Radler LLP on

Fourth Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy For Accident On Driveway Of Leased Premises- Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory...more

Faegre Drinker Biddle & Reath LLP

The California Supreme Court Shrugs Off a Settlement to Provide Important Guidance on Admissibility of Former Deposition Testimony...

We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more

King & Spalding

Ninth Circuit Rejects Vehicle Manufacturer’s Attempt to Enforce Arbitration Clause in Dealership Purchase Agreement

King & Spalding on

On January 12, 2022, the Ninth Circuit held that BMW North America, LLC (“BMW”) could not enforce an arbitration clause in a dealership purchase agreement because, under California law, BMW (1) was not a third-party...more

Faegre Drinker Biddle & Reath LLP

It’s an MDL World: The JPML issues its first orders of the year, creating two new MDLs

Centralization of claims in multidistrict litigation has become the new normal—so much so, that MDL proceedings now comprise more than 50 percent of the federal civil caseload. But has MDL practice in the United States...more

Butler Snow LLP

20 Questions to Ask When Defending a Medical Device Case

Butler Snow LLP on

In the game of “20 Questions,” one player secretly chooses an object and the other players are allowed 20 questions to identify it. In that spirit, answering the following 20 questions may identify a defense strategy that...more

Pullman & Comley - Connecticut Health Law

Top 10 Connecticut Health Law Cases for 2021

Befitting a year in which the lingering COVID-19 pandemic caused delays in almost every aspect of daily life, Pullman & Comley’s annual survey of notable health law cases from Connecticut’s trial and appellate courts makes...more

Bryan Cave Leighton Paisner

Historic judgement rendered by the Paris Court in a French class action

The Paris Court has ruled against Sanofi in the Depakine case on the class action initiated by an association. According to a parliamentary report dated 11 June 2020, only twenty-one class actions have been brought to court...more

Patrick Malone & Associates P.C. | DC Injury...

Poor FDA communication harms patients, taxpayers, other agencies

Critics are slamming the federal Food and Drug Administration for dropping the ball in informing the U.S. officials who run the Medicare, Medicaid, and veterans’ health programs about crucial regulatory decisions, leading the...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

Console and Associates, P.C.

Philips CPAP Recall Update: Shocking Revelation From FDA Investigations and More

What is the latest with the CPAP lawsuits? As 2022 begins, the thoughts of sleep apnea patients and their families are, naturally, returning to the Philips CPAP machine recall 2021....more

White and Williams LLP

Title or Possession Required . . . Louisiana Court Rules That Amazon Is Not Liable for a Defective Product

White and Williams LLP on

Courts continue to disagree as to whether Amazon is liable for defective products sold by third parties on its website. Amazon does not neatly fit into the traditional definition of “seller” in products liability law, which...more

Jenner & Block

Ninth Circuit Rejects Challenges to Conjoint Analysis in Consumer Class Action

Jenner & Block on

In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more

King & Spalding

Eighth Circuit Affirms Dismissal of Claims of Putative Class of Purchasers of Off-Road Vehicles Who Had Not Experienced Alleged...

King & Spalding on

On August 16, 2021, the Eighth Circuit affirmed the district court’s grant of a motion to dismiss filed by off-road vehicle manufacturer Polaris in a putative class action alleging a design defect in certain Polaris off-road...more

Faegre Drinker Biddle & Reath LLP

Amazon Notches Another Win on Personal Injury Liability Relating to Third-Party Seller Products

For some time, we have been following the emerging case law on whether companies, such as Amazon, that create an online marketplace for other sellers, may be held liable when products supplied by those sellers cause injury....more

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