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Restatement of Torts

Willcox & Savage

Virginia Product Liability Law: Please Don’t Confuse Us with California

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As we say in Virginia, that dog doesn’t hunt. A recent California federal court opinion applied Virginia law to dismiss various product liability claims against a catheter manufacturer. In Boyer v. Abbott Vascular Inc., 2023...more

Rosenberg Martin Greenberg LLP

The Justices of the Supreme Court of Pennsylvania Disagree as to What Section 385 of the Restatement (Second) of Torts Means

By: William L. Hallam The American Law Institute, a group of prominent judges, lawyers, and professors, publishes the Restatements of the Law.  According to Brooklyn Law School, “The drafting process of the Restatements is...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

Freeman Law

Texas Law and Tortious Interference with Prospective Business Relations

Freeman Law on

Tortious interference with business relations involves a third party using false claims against a business in order to drive business away or prevent the business from entering a relationship with another party. The key...more

King & Spalding

Federal Court Determines Amazon Is Not a “Seller” Of Third-Party Marketplace Products Under Illinois Law

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On March 9, 2021, the Northern District of Illinois ruled in favor of Amazon.com, Inc. (“Amazon”) on claims stemming from a house fire that was allegedly caused by defective hoverboards sold by two third-party sellers via...more

Sullivan & Worcester

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

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Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

Butler Snow LLP

Update: Further Developments in “E-Tailer” Product Liability

Butler Snow LLP on

In September, we addressed the developing caselaw governing an “e-tailer’s” exposure to products liability suits when a consumer purchases a defective product from a third-party vendor on the e-tailer’s sales platform. While...more

Butler Snow LLP

50-State Survey of Statutory Caps on Damages and the Applicability of the Collateral Source Rule

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Tort reform has ushered in legislation imposing caps on damages in jurisdictions across the country. Unsurprisingly, these statutory caps on damages have faced numerous challenges, leading to a hodgepodge set of rules across...more

White and Williams LLP

In Nevada, Custom Sign Manufacturers Can Be Held Strictly Liable

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In Schueler v. Ad Art, No. 75688-COA, 2020 Nev. App. LEXIS 6, the Court of Appeals of Nevada recently considered whether a custom-made sign constituted a “product” for purposes of the doctrine of strict products liability....more

Winstead PC

A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary...

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In Hampton v. Equity Trust Co., an individual sold fraudulent investments to the plaintiff. No. 03-19-00401-CV, 2020 Tex. App. LEXIS 5674 (Tex. App.—Austin July 23, 2020, no pet.)....more

Proskauer - Minding Your Business

Is Amazon a Seller? Supreme Court of Pennsylvania Agrees to Decide

In July 2020, the Pennsylvania Supreme Court agreed to tackle the thorny question of whether Amazon can be held liable for defective products sold by third parties on its website. The Third Circuit offered up the case in June...more

Faegre Drinker Biddle & Reath LLP

En Banc Third Circuit Sends Online Marketplace Liability Issue to Pennsylvania Supreme Court

Last week the Third Circuit made its most recent move in the Oberdorf v. Amazon case: asking the Pennsylvania Supreme Court whether an e-commerce business – such as Amazon – is strictly liable for a defective product that was...more

White and Williams LLP

Unfair Shares: PA Supreme Court Mandates Per Capita Allocation Among Liable Product Defendants and Settled Parties

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The Pennsylvania Supreme Court has issued a tort decision with far-reaching implications for all manufacturers and sellers of products throughout the state. Absent further legislation beyond the 2011 Fair Share Act, liable...more

Littler

Ontario, Canada: New “False Light” Privacy Tort and How It Might Impact Employers

Littler on

Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context.  In this decision, Justice Kristjanson of the Ontario Superior...more

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

Products Liability Series: Does Arkansas Law Recognize a Post-Sale Duty to Warn?

Does Arkansas law recognize a post-sale duty to warn? In a nutshell, no. While Arkansas state courts have not expressly considered the issue, all legal authority indicates that the answer is indeed “no.” To support this...more

Whitman Legal Solutions, LLC

The Impeachment March and Implied Covenant of Good Faith and Fair Dealing

Being in the Washington, DC Metro area, I hear a lot about politics. On the same day that the Washington Post ran an article about the “impeachment march,” the ritual of taking articles of impeachment from the House to the...more

White and Williams LLP

Careless Smoking Causation Defense Goes Up in Smoke in Connecticut

White and Williams LLP on

In Conn. Interlocal Risk Mgmt. Agency v. Jackson, 2019 Conn. LEXIS 230 (Sept. 1, 2019) (Conn. Interlocal), the Supreme Court of Connecticut considered a careless smoking case and whether, as a matter of first impression,...more

Proskauer - New Media & Technology

Recent Rulings Highlight Limits of CDA Immunity in Products Liability Cases against E-Commerce Platforms

In early July, an appeals court ruled that Amazon should be considered a “seller” of goods under Pennsylvania products liability law and subject to strict liability for consumer injuries caused by the defective goods sold on...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Holds Online Retailers May Be Liable for Defective Third-Party Products Under Pennsylvania Product Liability Laws

The Third Circuit Court of Appeals has held that online retailers such as Amazon could be held liable for allegedly defective third-party products sold through its website. In a 2-1 panel decision in Oberdorf v. Amazon.com,...more

Winstead PC

Because Fraud By Nondisclosure Cannot Occur After A Transaction Is Consummated, Employees Generally Do Not Owe A Duty To Disclose...

Winstead PC on

In CLC Roofing v. Helzer, a roofer purchased shingles from a seller and stored them on the seller’s property. No. 02-17-00229-CV, 2019 Tex. App. LEXIS 5927 (Tex. App.—Fort Worth July 11, 2019, no pet. history). ...more

Rosenberg Martin Greenberg LLP

Amazon and Products Liability: What A Difference the Mason-Dixon Line Makes

Less than two months apart, two U.S. Courts of Appeal examined the same two issues involving Amazon and came to diametrically opposed conclusions on one of them.  The issues were: (a) whether the Communications Decency Act...more

Dorsey & Whitney LLP

3rd Circuit Creates New Obligations for Online Platforms

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The 3rd Circuit recently held Amazon.com liable for damages for a product sold by a third-party. This is a potentially landmark ruling in the ongoing battle between consumers and online platforms regarding the obligations...more

Butler Weihmuller Katz Craig LLP

Amazon Is Subject To Liability As "Seller," Rules The Third Circuit

In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth Circuit, like many courts before it, ruled Amazon was not a “Seller” when considering products sold on its...more

White and Williams LLP

Third Circuit Holds Amazon Liable As a Product Seller – Communications Decency Act Not Applicable to Sale and Distribution Strict...

Defective products harm consumers. Courts have consistently held, however, that Amazon is not liable for defective products acquired through its on-line marketplace because the company is not a “seller” and is otherwise...more

Winstead PC

Texas Supreme Court Holds That A Fraud-By-Nondisclosure Claim Can Apply Outside Of A Fiduciary Or Confidential Relationship

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In Bombardier Aero. Corp. v. Spep Aircraft Holdings, a plaintiff who had purchased an aircraft sued the defendant for fraud associated with representations regarding whether the aircraft was new or used. No. 17-0578, 2019...more

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