News & Analysis as of

Product Defects

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 2, 2018

Welcome to the second issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we have rounded up several important and timely legal issues. As you...more

Robinson+Cole Health Law Diagnosis

OIG Advisory Opinion Approves Surgical Device Warranty Program Intended to Reduce Readmissions

On September 17, 2018, the Office of Inspector General (OIG) of the Department of Health and Human Services published a favorable Advisory Opinion allowing a manufacturer of surgical devices and wound care products to offer a...more

Searcy Denney Scarola Barnhart & Shipley

Firefighter Awarded $1.2 Million Due to IVC Filter Injuries

Due to a failure to warn doctors and patients of the complications of IVC filter usage, Houston firefighter Jeffrey Pavlock was awarded $1.2 million in a jury verdict against Cook Medical after experiencing blood vessel and...more

Ballard Spahr LLP

Ignition MDL Flips Switch on Longstanding Manifestation Requirement

by Ballard Spahr LLP on

In a sweeping, and arguably results-oriented opinion, the district court overseeing the General Motors ignition switch multidistrict litigation recently ruled that in roughly half of the nation's jurisdictions, a plaintiff...more

Searcy Denney Scarola Barnhart & Shipley

Incest and the FDA — Is the FDA Really a Watch Dog?

Drug Manufacturing is Big Business - The Food and Drug Administration (FDA) has the responsibility to protect the health of U.S. consumers by ensuring food, drugs and medical devices are safe. The FDA also has a mission to...more

Traub Lieberman Straus & Shrewsberry LLP

Illinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product Suit

In Lexington Ins. Co. v. Chi. Flameproof & Wood Specialties Corp., 2018 U.S. Dist. LEXIS 135871, 2018 WL 3819109 (N.D. Ill. Aug. 10, 2018), the U.S. District Court for the Northern District of Illinois found that rip-and-tear...more

Stinson Leonard Street

FDA Permits Quarterly Summary Reporting for Certain Medical Device Malfunctions

by Stinson Leonard Street on

Medical device reporting for manufacturers of Class I and Class II devices that are not implantable/life-sustaining/life supporting (I/LS/LS) may have just gotten easier....more

Searcy Denney Scarola Barnhart & Shipley

Popular Fluticasone Nasal Spray Recalled by Manufacturer

Small particles of glass are to blame for the recall of a widely used fluticasone nasal spray that treats symptoms of hay fever in children. The nasal spray, known by its brand name Fluticasone Propionate Nasal Spray USP...more

Zapproved LLC

What Is a Trigger Event?

by Zapproved LLC on

How to determine when to enact a litigation response plan - What is a trigger event? A trigger event is an indicator to an ediscovery professional that a litigation matter or regulatory investigation is likely to...more

Locke Lord LLP

High Court Considers Meaning of "Defect" Under the Consumer Protection Act 1987

by Locke Lord LLP on

The High Court has examined the meaning of a defective product under the strict liability regime in the Consumer Protection Act 1987. What’s the issue? Under the Consumer Protection Act 1987 (CPA), a product is...more

Alston & Bird

CPSC Recall Snapshot – CPSC Republican Majority on the Horizon

by Alston & Bird on

Welcome to the July edition of the Alston & Bird CPSC Recall Snapshot. Following the confirmation of Dana Baiocco as a commissioner of the CPSC on May 22, 2018, President Trump nominated Peter Feldman to fill the...more

Pepper Hamilton LLP

Supreme Court Of Minnesota Holds Ventilator Motor Incorporated Into A Home’s HVAC System Qualifies As “Machinery” Excepted From...

by Pepper Hamilton LLP on

Great N. Ins. Co. v. Honeywell Int’l, Inc., No. A16-0997, 2018 Minn. LEXIS 236 (May 9, 2018) - This case arises out of a residential construction project and the installation of ventilators into a home’s HVAC system. ...more

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

You Should Know - July 2018

Faulty Implants Cause Pain, Problems and Peril - Did you know that arthritis is the leading cause of disability for adults in the U.S.? By 2030, American citizens over the age of 65 will outnumber children for the first...more

Howard Ankin

When You Press the Brake Pedal and Nothing Happens

by Howard Ankin on

When brakes fail without warning, knowing what to do and acting quickly can prevent a motor vehicle crash resulting in serious injury or death....more

Alston & Bird

CPSC Recall Snapshot – New Commissioner Confirmed

by Alston & Bird on

Welcome to the June edition of the Alston & Bird CPSC Recall Snapshot. The U.S. Senate confirmed Dana Baiocco as a commissioner of the CPSC on May 22, 2018. President Trump originally nominated Baiocco on September 21,...more

Hogan Lovells

How the Internet of Things could redefine product safety and liability in the EU

by Hogan Lovells on

How big is the Internet of Things (IoT)? It’s likely that there will be tens of billions of connected devices in use by 2020. As this massive network of “things” keeps expanding, so do the number of questions about...more

Cozen O'Connor

8th Circuit Reverses to Uphold Successor Liability Defense, Highlighting The Importance of Consistent, Clear Descriptions Of...

by Cozen O'Connor on

On April 5, the Court of Appeals for the Eighth Circuit wiped out a jury verdict in a products liability action and $13 million punitive damages award against a manufacturer and its wholly owned subsidiary on the basis that...more

Ballard Spahr LLP

Reasonable Notice to Consumer Required for Enforcement of Arbitration Clause

by Ballard Spahr LLP on

Addressing an important contract-formation issue that has divided federal courts, the U.S. District Court for the Western District of Pennsylvania recently denied a company's motion to compel arbitration because the consumer...more

Alston & Bird

Class Action Roundup: Spring 2018

by Alston & Bird on

Welcome! The spring has sprung and we are here to round up the major class action opinions and settlements finalized during the first quarter of 2018. It was another active quarter with significant activity across all the...more

Jackson Walker

The Internet of Things: What Is It and Why Do I Care?

by Jackson Walker on

Even if you have never heard of the Internet of Things (“IoT”) you’re probably connected already. In 2017 Gartner estimated that over 5.2 Billion consumer IoT devices had already been installed and predicted that the...more

Alston & Bird

CPSC Recall Snapshot

by Alston & Bird on

Welcome to the May edition of the Alston & Bird CPSC Recall Snapshot. Earlier this month, the CPSC joined its counterparts at the Federal Consumer Protection Agency of Mexico (PROFECO) and Health Canada in attending the...more

Carlton Fields

Third Circuit Rejects ‘Shingle Lottery’ Theory of Common Defect in Putative Homeowner Class

by Carlton Fields on

The Third Circuit Court of Appeals recently affirmed a district court order denying certification to a group of homeowners in four states who alleged roof shingle manufacturer Owens Corning sold defective roof shingles and...more

Harris Beach PLLC

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

by Harris Beach PLLC on

Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in US Courts: Spring 2018

Forum Non Conveniens Not Available Where Moving Defendant Failed to Establish It Was Amenable to Process in an Alternative Forum - Arcelik A.S. v. E.I. Du Pont De Nemours and Company, United States District Court for the...more

Hogan Lovells

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

by Hogan Lovells on

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

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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