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Summary Judgment Product Defects

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court

The California Supreme Court granted review in Gilead Life Sciences v. Superior Court—a hopeful turn of events after lower courts issued decisions that resulted in an unprecedented expansion of negligence liability for...more

Jones Day

California Supreme Court Will Review Novel Negligence Theory for Pharmaceutical Manufacturers

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The Situation: The California Supreme Court recently granted review of a California Court of Appeal decision, Gilead Life Sciences, Inc. v. The Superior Court of the City and County of San Francisco, that made waves in the...more

ArentFox Schiff

California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

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On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more

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

Products Liability Series: Does a Supplier of a Defective Product Have Recourse Against a Manufacturer?

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

Faegre Drinker Biddle & Reath LLP

Expert’s Failure to Identify Product Defect in Pressure Cooker or Inadequacy in Warnings Leads to Summary Judgment

It is axiomatic that a plaintiff must offer evidentiary support for each element of her claim in order to survive summary judgment. And a ubiquitous feature of product liability actions is the use of expert witnesses by both...more

Smith Gambrell Russell

Supporting Liability for Online Marketplaces that Allow Third-Party Sellers to Offer Defective and or Counterfeit Products.

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With many consumers turning to more shopping online, what liability do online marketplaces face when a product is sold to a consumer by a third-party seller that is defective or counterfeit? Often, none. Online...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

Butler Weihmuller Katz Craig LLP

If the Sprinkler Pipes Fit, You Must Acquit

What Constitutes a Product under the Economic Loss Rule - The Economic Loss Rule limits a defendant’s tort liability for defective products to injuries caused to persons or damage caused to property other  than the...more

Hinshaw & Culbertson - Lawyers for the...

Expert Testimony Sufficient to Defeat Summary Judgment Motion in Settle and Sue Case

Webb v. Ellis, 2020 Tex. App. LEXIS 3527 (2020) - Brief Summary - A Texas appellate court reversed the trial court's grant of summary judgment in defendants' favor on plaintiffs' legal malpractice claim—which was based on...more

Haight Brown & Bonesteel LLP

Spilling the Tea Can Be Inherently Risky, But Did not Legally Cause Plaintiff’s Injuries in Alleged Product Defect Action

In Shih v. Starbucks Corporation (August 24, 2020, B299329) the Court of Appeal upheld the Trial Court’s ruling granting summary judgment as the alleged defect in Defendant’s product was not a legal cause of Plaintiff’s...more

Harris Beach PLLC

New Jersey Supreme Court Finds Products Liability Act Does Not Bar Consumer Fraud Act Claims Alleging Express Misrepresentations

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In responding to the question of law certified by the United States Court of Appeals for the Third Circuit pursuant to Rule 2:12A-3, the New Jersey Supreme Court answered in the affirmative that a claim under the New Jersey...more

Foley Hoag LLP

Product Liability Update - May 2020

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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

Cozen O'Connor

Eighth Circuit Reverses Summary Judgment for Manufacturer in Product Defect Claim

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The U.S. Court of Appeals for the Eighth Circuit recently reversed a district judge’s grant of summary judgment to a manufacturer in a product defect claim for an explosion at an ethanol plant. In Green Plains Otter Tail, LLC...more

King & Spalding

District Court Grants Summary Judgment to Ford in Case Involving Allegedly Defective Sunroofs, Holding that the Low Incident Rate...

King & Spalding on

On February 11, 2020, the U.S. District Court for the Western District of Washington granted Ford’s motion for summary judgment on the plaintiff’s fraud and consumer protection claims, concluding that the plaintiff had not...more

Butler Snow LLP

Recent cases highlight strategies to defeat punitive damages even when compensatory liability may be difficult to avoid

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In many product liability, mass tort, and consumer cases the gravest—and probably least predictable—risk is a runaway punitive damages award. Unlike compensatory damages, which are tied to the plaintiff’s actual injuries,...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

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

Butler Weihmuller Katz Craig LLP

Should Amazon be Liable for Products Sold in its Marketplace?

Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued that the company is not liable for harm caused by the defective products that are sold by third...more

Harris Beach PLLC

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

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Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more

Best Best & Krieger LLP

City and Police Officer Victorious in Malicious Prosecution and Seizure Case

Best Best & Krieger LLP attorneys Christopher Pisano and Dana Vessey prevailed on a motion for summary judgment on behalf of the City of Colton and one of its police officers in a case that stemmed from a complicated story...more

Searcy Denney Scarola Barnhart & Shipley

11th Circuit Upholds Award of Summary Judgment in Mirena Lawsuit

In March 2014, Jenna Thurmond sued Bayer in the U.S. District Court for the Northern District of Georgia, alleging that her use of the Mirena contraception system caused her to develop pseudotumor cerebri. Her symptoms...more

Bracewell LLP

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

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On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

Dorsey & Whitney LLP

Passive Trademark Licensor Held Not Liable for Product Defect

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Can merely licensing a trademark result in strict liability for injuries resulting from a product bearing the trademark? A decision earlier this month says no....more

Foley Hoag LLP

Product Liability Update - July 2015

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Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

Carlton Fields

Construction Case Law Update - July 2015

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Involuntary Dismissal of Counterclaims – In a suit between a developer and general contractor, the trial court erred in dismissing the general contractor’s counterclaims, without a motion by the developer, before the...more

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