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Strict Product Liability

White and Williams LLP

Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”

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In L’Oreal USA, Inc. v. Burroughs, 372 Ga. App. 30, 2024 Ga. App. LEXIS 250, the Court of Appeals of Georgia (Appellate Court) considered whether Georgia’s ten-year statute of repose for products liability precluded strict...more

Foley Hoag LLP

Product Liability Update - July 2024

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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

McGuireWoods LLP

Decisions in Pelvic Mesh Suit Clarify West Virginia Products Liability Law

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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

Dechert LLP

Dechert Re:Torts - Issue 18

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Bipartisan Momentum Builds to Shine Light on Litigation Funders - In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party...more

Husch Blackwell LLP

The Specter of Nuclear Verdicts and Middle-Market Companies

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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

White and Williams LLP

West Virginia Addresses Its Strict Liability Standard

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Working with an expert to support a product defect theory of liability is hard enough as it is. However, when the standard for strict liability is considered, properly supporting such a theory is even harder...more

Kohrman Jackson & Krantz LLP

A Rise in 'Nuclear' Jury Verdicts: Up 300% Despite Tort Reform

Judges and juries are doing what they can to punish bad actors across industries, in spite of legislative efforts to limit the same. OHIO’S EFFORTS TO LIMIT NUCLEAR VERDICTS In 2005, the Ohio General Assembly enacted...more

White and Williams LLP

Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails

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

Goldberg Segalla

Asbestos Damages in the Maritime Sphere

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The shipping industry is an extensive and foundational mode of global transportation and resource distribution. The men and women who work aboard the U.S. fleet are routinely exposed to varying types of cargo, machinery, and...more

Dechert LLP

Dechert Re:Torts - Issue 14

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A Prescription for Liability: Michigan Repeals Flagship Drug Immunity Law - Michigan’s recent repeal of immunity provisions under its Product Liability Act has potentially significant implications for pharmaceutical...more

Manatt, Phelps & Phillips, LLP

Communications Decency Act Does Not Bar Claims Against Social Media Companies Due To Mass Shooting

A New York State trial court has held, in Patterson et al. v. Meta Platforms, Inc. et al., that the Communications Decency Act (CDA) does not preclude, as a matter of law, claims asserted against various social media...more

Ankura

How Will the Mass Claims Landscape Change? 9 Observations From Mr. Bates v the Post Office

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The on-screen retelling of the biggest miscarriage of justice in UK legal history has had dramatic effects off-screen, offering important lessons to anyone who may be thinking about class actions. Robert Jones, Satinder...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 13

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A growing number of silicosis lawsuits and regulatory actions focused on the engineered stone countertop industry has swept the nation. A recent article by our team explores available litigation strategies and defenses...more

Faegre Drinker Biddle & Reath LLP

Michigan Repeals Pharma Immunity Provision

Michigan recently signed into law a repeal of the immunity provision under its Product Liability Act, presenting a new litigation risk in Michigan for pharmaceutical companies. The provision had granted near-complete immunity...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 12

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The Phantom-Case Menace: Managing the Use of AI in Court Filings - Last summer, we noted caution regarding two parallel ways generative AI tools are impacting courtroom practice: (1) lawyers using generative AI and...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - February 2024

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main digital regulatory and compliance...more

Searcy Denney Scarola Barnhart & Shipley

How Can You Have Safety in the Face of Deceptive Marketing? The Critical Battle for Booster Seat Safety and Deceptive Marketing –...

As a lawyer handling product liability cases, I’ve come across numerous instances that highlight the often dangerous shortcomings of child safety products. But nothing quite underscores the gravity of this issue like the...more

Harris Beach PLLC

Results in Toxic Exposure/Product Liability Trials Continue Trend of Irrational "Nuclear" Verdicts

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“Nuclear” verdicts are awards that are exceptionally high, eclipsing what would be a rational, reasonable, or expected amount based on the evidence. Three recent jury verdicts awarding unreasonably large compensatory and...more

White and Williams LLP

I Spy Claims Against Amazon

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A federal court in West Virginia recently ruled that a negligence claim could proceed against Amazon related to a spy camera used to take unsolicited photos of a teenage girl. M.S. v. Amazon.com, Inc., No. 3:23-cv-0046, 2023...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 11

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Recent Nuclear Verdicts Highlight Danger of Punitive Damages - In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more

Harris Beach PLLC

Defense Verdict in Alleged $40 million Connecticut Benzene Product Liability Case

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After a nine-day trial, a state court jury in Stamford, Connecticut, returned a unanimous defense verdict in a case where the plaintiff alleged exposure to benzene in gasoline caused leukemia. The verdict shows how defendants...more

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

Single-use Plastic Packaging/buffalo River (New York): New York Attorney General Files Judicial Action Against Pepsico, Inc.,...

New York Attorney General Letitia James (“AG”) filed a November 15th Complaint in the Supreme Court of the State of New York (County of Erie)(“Court”) against PepsiCo, Inc., Frito-Lay, Inc., and Frito-Lay North American, Inc....more

Goldberg Segalla

Plaintiff’s Expert Precluded under Rule 702, Talc Defendant’s Motion for Summary Judgment Granted

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4th Circuit US District Court - Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including...more

Husch Blackwell LLP

Legal Insights for Manufacturing: Outlook for 2024

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Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report...more

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

Hot Topics in Products Liability Law: Split in Authority Regarding the Indirect Purchaser Rule as a Bar to a Products Liability...

There is an emerging trend in products liability law whereby a plaintiff styles a case as a RICO claim, but at its core the gravamen of the dispute is an extension of a products liability action. In a recent installment of...more

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