News & Analysis as of

Strict Product Liability Liability

Goldberg Segalla

Florida Jury Awards Plaintiff $18 Million in Asbestos Case against Brake Grinding Manufacturer

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Court: Florida – 17th Judicial Circuit Court - Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and household exposure from...more

Melito & Adolfsen

“Taking the Suddenness Out of Accident”

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Can AI or Chat GBT write poetry, perhaps by accident. But an insurance underwriter came up with the phrase: “Taking the suddenness out of accident.” Now that’s poetry. The poet was describing the “occurrence” definition in an...more

Foley Hoag LLP

Product Liability Update - February 2025

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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

Nutter McClennen & Fish LLP

Product Liability 2024 Year in Review

Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Goldberg Segalla

Federal District Court Grants Pump Manufacturer’s Motion for Summary Judgment in Asbestos Action

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In this asbestos action, plaintiff Michele Salvemini alleges exposure to asbestos while working as a marine engineer and shipyard mechanical worker on various merchant and U.S. Navy ships from 1974 to 2007. During this...more

Marshall Dennehey

Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court...

Marshall Dennehey on

Doe A.F. v. Lyft, Inc., No. 23-3990-KSM, 2024 WL 4479912 (E.D. Pa. Oct. 10, 2024) - The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app....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

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

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

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

Hot Topics in Products Liability Law: Problems that Arise When Using Data in Products Liability Cases

In a past blog post, we predicted that data is arguably the products liability issue of the future. And we also explored some ways in which data can be used as a sword and a shield in products liability cases....more

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

Hot Topics in Products Liability Law: Collection and Use of Data is THE Products Liability Issue of the Future

Data is arguably the products liability issue of the future. Dealing with data is often already a critical part of products liability lawsuits, but with the rise of artificial intelligence and automation, product...more

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

Products Liability Series: Is There a Defense Where a Plaintiff Misused a Product?

Is there a defense where a plaintiff misused a product? Yes. Under Arkansas law, a defendant may assert that the plaintiff misused the product as part of its affirmative defense of comparative fault. AMI 1014. When invoking...more

White and Williams LLP

Amazon Can be Held Strictly Liable as a Product Seller in New Jersey

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On June 29, 2022, in N.J. Mfrs. Ins. Grp. a/s/o Angela Sigismondi v. Amazon.com, Inc., 2022 U.S. Dist. LEXIS 115826 (Sigismondi), the United States District Court for the District of New Jersey held that Amazon.com, Inc....more

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