News & Analysis as of

Product Defects

CPSC Recall Snapshot - CPSC Priorities for 2018 and New Legal Action

by Alston & Bird on

Welcome to the March edition of the Alston & Bird CPSC Recall Snapshot. February was a busy month for the CPSC. Several commissioners and staff members attended the International Consumer Product Health and Safety...more

Drones – When Things Go Wrong

Over the last several years, drones have rapidly grown in popularity. From quick deliveries during rush hour to reaching an otherwise inaccessible military base, drones are proving to be extremely advantageous where humans...more

New York Court Declines to Adopt Market Share Liability in Foil Pan Case

by Harris Beach PLLC on

A recent product liability case involving foil pans and market share liability is a win for the defendants. In a products liability action, identification of the exact defendant whose product injured the plaintiff is...more

Product Liability Issues of Today’s Direct Sales Industry

by Miles & Stockbridge P.C. on

Anyone with a social media account has likely recently seen a friend start a side-hustle selling products to their network through a direct sales company. The direct sales industry has experienced a renaissance since the...more

Tincher Returns to Blow Away Some of Its Own Smoke

by Wilson Elser on

In Tincher v. Omega Flex, Inc., 104 A. 2d 328 (Pa. 2014), the Pennsylvania Supreme Court cast aside more than 35 years of precedent when it reformulated the standards determining the circumstances under which a product is...more

Dangers of Pressure Cookers Heating Up

Slow Cooker A public-relations nightmare has bubbled up around the age-old appliance known as the pressure cooker. All it took was a plot twist in the popular NBC television drama This is Us. The beloved matriarch of the...more

CPSC Votes to Sue Britax Over B.O.B. Strollers

by Kelley Drye & Warren LLP on

Last Friday, the CPSC voted to sue Britax Child Safety, Inc. to force the company to recall various models of single and double B.O.B. jogging strollers. The one-count administrative complaint alleges that the strollers...more

CPSC Recall Snapshot - CPSC January Recalls and New Standard

by Alston & Bird on

Welcome to the February edition of the Alston & Bird CPSC Recall Snapshot. Earlier this month, the CPSC announced a new federal standard for infant slings, geared toward preventing deaths and injuries to young children....more

CPSC Sues Britax over Stroller Wheel Detachments

On Friday, February 16, the U.S. Consumer Product Safety Commission (“CPSC”) announced that it had voted 3-1 (along party lines) to authorize CPSC staff to file an administrative complaint against Britax Child Safety, Inc.,...more

California Superior Court Refuses to Allow Discovery in Aid of “Litigation Tourism” in Consolidated Xarelto Litigation

by Reed Smith on

...In In re Xarelto Cases, 2018 WL 809633 (Cal. Super. Feb, 6, 2018), the plaintiffs sued several manufacturers and a distributor, claiming various injuries and alleging the usual litany of causes of action. Appearing...more

Pressure Cookers & Injuries — A Long History

The modern-day version of the pressure cooker dates to 17th-century France. Invented by Denis Papin, a physicist noted for working the steam power, the “steam digester” increased water’s boiling point, resulting in faster...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Dangerous Pressure Cookers Causing Severe Injuries

Our firm recently has taken on several cases of serious burns and other horrific injuries caused by cooking with a 1940s kitchen standard—the pressure cooker. Tristar’s Power Pressure Cooker XL is marketed as being a safe,...more

A Client's Guide to FDA Recalls

Product recalls are critical events for firms that produce food and medical products. The lives and health of patients and consumers can be at stake. Companies risk enforcement action by the Food and Drug Administration...more

Product Liability: 2017 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

FDA Issues Draft Guidance on Requirements for Public Warnings for Recalled Products

by Hogan Lovells on

FDA recently released a draft guidance clarifying the regulatory requirements for public warnings in the event of a recall under the agency’s recall guideline at 21 CFR Part 7. ...more

CPSC Recall Snapshot – CPSC Stays Active During Trump Administration

by Alston & Bird on

Welcome to the January edition of the Alston & Bird CPSC Recall Snapshot. While the government was shut down for part of January, the CPSC was hard at work in the last month, announcing 29 new product recalls in December...more

New Uniform Recall Procedure for Therapeutic Goods

by Dentons on

The new version of the Uniform Recall Procedure for Therapeutic Goods (URPTG) was published on 3 October 2017. This version replaces its 2004 predecessor. Sponsors were given a familiarisation period of three months and the...more

Toxic Tort Monitor – January 2018

by Husch Blackwell LLP on

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more

Putative Class Member’s Spoliation Of Evidence Disqualifies Him As A Class Representative

by Carlton Fields on

A district court recently disqualified a plaintiff from acting as a class representative because his spoliation of evidence rendered him an atypical class member. The plaintiffs allege that casting sand used in creating Jeep...more

CPSC Recall Snapshot – Changes at the CPSC

by Alston & Bird on

Welcome to the December edition of the Alston & Bird CPSC Recall Snapshot. The CPSC made a rare appearance in The New York Times this month as President Trump’s nominee to head the agency, Acting Chairman Ann Marie...more

Federal Pre-emption and Aircraft Certification: You Have to Read This Opinion!!

by LeClairRyan on

Originally posted August 11, 2017 - Today, we turn our attention to the latest chapter in a long saga concerning the scope of federal preemption over product liability claims made against manufacturers of certificated...more

CPSC Recall Snapshot - CPSC Phthalate Ban and More on the Earth Magnet Saga

by Alston & Bird on

Welcome to the November edition of the Alston & Bird CPSC Recall Snapshot. The CPSC again saw multiple noteworthy events occur in October. On October 26, 2017, the CPSC issued a final decision and order on Zen Magnets and...more

Kidde Fire Extinguishers Recalled: Check Your Household/Consumer Fire Extinguishers!

by Varnum LLP on

A major manufacturer of fire extinguishers has issued a recall after hundreds of reports of failed or limited fire extinguisher activation and at least one death, in which emergency responders could not get the recalled fire...more

FAST Act Recall Pilot Program Gets Underway in Maryland

by Foley & Lardner LLP on

One of the more bedeviling problems for the automotive industry (and for manufacturers in general) is how to alert consumers to pending recalls, and getting consumers to comply with those recalls. According to NHTSA, only 70%...more

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