Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls
Bar Exam Toolbox Podcast Episode 131: Listen and Learn -- Strict Products Liability
Subro Sense Podcast - Unpacking Product Claims Against Amazon
Straight Talks: Innovations in product liability for autonomous and connected vehicles
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
In Shears v. Ethicon, Inc., the U.S. Court of Appeals for the Fourth Circuit vacated a judgment entered in favor of Ethicon and its parent company Johnson & Johnson following a jury trial in a pelvic mesh products liability...more
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
In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking...more
Product liability cases are some of the complex matters which arise in the realm of personal injury law. Such cases often involve multiple defendants and can raise multiple theories of liability. One of the most hotly...more
The Consumer Product Safety Commission (CPSC) recently announced that Whirlpool Corporation agreed to pay an $11,500,000 civil penalty associated with the CPSC’s charges that Whirlpool knowingly failed to immediately report...more
Bill S6437, a bill making its way through the New York State Senate, would purport to place electronic marketplace providers on the same footing as retailers for purposes of New York’s strict liability law. While the law...more
On May 4, 2023, Montana changed its product liability laws when the Governor signed SB 216, which was effective upon passage and applies to claims that accrue on or after May 4, 2023. Among the changes is the adoption of a...more
In a past blog post, we predicted that data is arguably the products liability issue of the future. Dealing with data is already often a critical part of products liability lawsuits, but with the rise of artificial...more
Specific personal jurisdiction can be a very straightforward concept. If a plaintiff claims to have been injured by a product that the defendant itself sold directly to plaintiff at a store within the forum state, disputes...more
The depreciation-based injury theory is a method that has been increasingly tested by the plaintiffs’ bar to support the assertion of standing necessary to bring a product liability case. Under this theory, a plaintiff who...more
Murphy v. Columbus McKinnon Corp., 2022 WI 109 (Dec. 28, 2022), gave the Wisconsin Supreme Court its first opportunity to interpret Wis. Stat. § 895.047, part of the Wisconsin Legislature’s 2011 product liability statute....more
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
What is Arkansas’ law on Comment K to Section 402A of the Restatement (Second) of Torts? Arkansas follows comment k to Section 402A of the Restatement (Second) of Torts with regard to unavoidably unsafe products. This is an...more
The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more
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
Does Arkansas law recognize a claim against a supplier for failure to inspect? Yes, but this cause of action applies to suppliers under limited circumstances...more
Does Arkansas law recognize a claim for failure to instruct? Yes. But this cause of action applies only to manufacturers, not suppliers...more
What is the definition of “defective condition” under Arkansas law? “Defective condition” is defined by statute to mean “a condition of a product that renders it unsafe for reasonably foreseeable use and consumption.” Ark....more
On Wednesday 28 September, the European Commission released details of its long-awaited proposal for the revision of the 1985 Product Liability Directive (PLD) that introduced a strict liability regime for defective products...more
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
Pennsylvania recognizes the malfunction theory in product liability cases. This theory allows a plaintiff to circumstantially prove that a product is defective by showing evidence of a malfunction and eliminating abnormal use...more
Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to...more
Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. Amazon.com LLC, 2021...more
Welcome back to the Bar Exam Toolbox podcast! Today we're talking about strict products liability, which is one of the three theories of liability that can form the basis of a products liability claim. In this episode, we...more