As the landscape of world legal matters continues to shift, these recent developments have made the headlines: Freshfields Bruckhaus Deringer’s former global head of tax, Ulf Johannemann, is “highly likely” to be found guilty of aiding and abetting tax fraud, according to a senior judge in Germany. The landmark trial has been in session in…
Recent developments in tech law hint at a shift in the power dynamics between tech industry giants and plaintiffs looking to challenge their unfettered use of Section 230 of the Communications Decency Act, a statute that has historically granted immunity to online platforms for content published by third-parties. A case that has been largely overlooked…
A few weeks back, Warner Bros. shocked its audience when it announced that the much-anticipated “Coyote vs. Acme” movie would not hit the theaters. The feature-length film was supposed to encapsulate the humorous and at times frustrating experiences of Wile E. Coyote with his various Acme product malfunctions, marking an unusual venture into the domain…
The issue surrounding Johnson & Johnson’s talc-based products continues to be a headline-making subject, stirring fervent debates amidst legal communities across the globe. In a recent development, plaintiffs’ attorneys fighting for the rights of victims have made it clear that if Johnson & Johnson necessitates a third bankruptcy, they will remain unbowed in their fight…
In a recent case hearing, a federal judge in Massachusetts granted summary judgment in favor of the Schepens Eye Research Institute (SERI). The ruling was regarding the only remaining claim of strict products liability based on an alleged design defect in a surgical implant, an assertion brought forward by plaintiff Nancy Daley. Indications are that…
In a law-changing move, the Michigan Senate has taken considerable action against the long-standing law facet that has been granting immunity to pharmaceutical manufacturers and sellers from product liability lawsuits. This law, historically, has shielded companies producing pharmaceutical products that have been approved by the U.S. Food and Drug Administration (FDA) from any legal fallout….
The European Union’s Product Liability Directive 85/374/EEC (“PLD”), a regulation that stayed relatively unchanged for almost four decades, is now under scrutiny. Under a proposal for a new EU Product Liability Directive, there may be a significant switch in the burden of proof. The proposal aims to reverse the burden of proof from claimants to…
There’s an important event coming up that ought to interest many legal professionals working in the pharmaceutical and medical device sectors. The American Conference Institute will be hosting the 28th Annual Conference on Drug & Medical Device Litigation in New York, NY on December 5th and 6th. Many consider this conference to be an important…
In a fascinating turn of events, a recent federal trial court ruling recognized crucial constraints on the “post-sale duty to warn” in a case concerning the issue of product liability—the question of whether a producer is mandated to issue updated warnings in the event new safety details come to light after the merchandise is already…
In the first talcum powder trial against Johnson & Johnson since its two failed bankruptcies, the legal proceedings opened in California’s Alameda County Superior Court on Thursday. The trial is heavily watched as it’s the first of its kind post the corporate bankruptcies. Representing the multinational corporation, attorney Kim Bueno, a partner at Butler Snow…
In recent deliberation from the Supreme Court of Tennessee (Supreme Court) in the case of Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), notable conclusions were drawn regarding the application of the economic loss doctrine, specifically its inapplicability for contracts regarding services. The economic loss doctrine is a legal…
The COVID tolling window, allowing for the filing of personal injury cases impacted by the pandemic, has now officially ended. In light of this development, time may be running out for victims who have accrued any personal injury complaints in the midst of the pandemic, specifically during the defined 228-day tolling period that spanned from…
In a recent Fourth Circuit US District Court case, Plaintiff Patricia McElroy’s expert was precluded under Rule 702, leading to the granting of a summary judgment in favor of the defendant, Colgate-Palmolive Company. The case centered around McElroy’s claims of asbestos exposure via talc-based beauty products from varying brands. McElroy asserted a cause of action…
In a notable move, the Food and Drug Administration (FDA) on November 2, 2023, suggested revoking the regulation that sanctions the use of brominated vegetable oil (BVO) in food. BVO, an ingredient that comprises vegetable oil with added bromine, prevents the separation of components in certain beverages, hence ensuring emulsification primarily in fruit-flavored sports drinks…
Human clinical trials – a crucial step in the life sciences sector – inevitably come with certain liabilities. Companies embarking on this complex journey must navigate unique exposures that are significantly amplified during such trials. Understanding and managing these associated risks is paramount not just for regulatory compliance, but also for the overall company health….
In a recent development within the Supreme Court of New York, New York County, a pipe manufacturer, Ameron International, was denied summary judgement for an asbestos lawsuit. The defendant, Ameron International, is currently facing victims’ accusations of causing undue health problems due to exposure to asbestos from Bondstrand pipes, which the company produced. The decedent…
The Ohio Supreme Court is currently considering whether insurers are obliged to indemnify Sherwin-Williams Co., the paint manufacturer which, along with others, was found liable in a $409 million public nuisance case over lead paint. Lawyers on both sides have expressed concerns over the potential wider implications of the forthcoming decision. Earlier this week, the…
In recent legal personnel news, Greenberg Traurig has announced the addition of a new member to their global litigation practice based in Minneapolis, Minnesota. Laura Hammargren, a seasoned legal expert, is set to take her place in the litigation team. The news was reported by Bloomberg Law. Before joining Greenberg Traurig, Hammargren served as assistant…
One of the prevalent discussions in the realm of product liability law taps into the developing trend where plaintiffs structure their cases as a RICO (Racketeer Influenced and Corrupt Organizations) claim, a reflection of an extension from a products liability action. This trend was initially introduced and discussed in an earlier blog post, as a…
As the life sciences sector continues to push the boundaries of scientific discovery, it must also confront unique areas of liability inherent to their work. As these corporations progress from theorising new solutions to implementing them in clinical trials, they are met with a broad array of prospective liabilities that alter fundamentally as their work…
The U.S. District Court for the Southern District of New York recently dismissed a proposed Class Action lawsuit against L’Oreal U.S.A., Inc. The allegations were that its mascara products contained per-and-polyfluoroalkyl substances often referred to as “PFAS”. This decision was made without prejudice. Plaintiffs alleged on a “price premium” theory of injury. They asserted that…
Legal professionals worldwide are gearing up for the much-anticipated 2024 DRI Product Liability Conference, slated for February 7th – 9th in Denver, Colorado. The conference, a mainstay event in the industry, is making history this year by being held in Denver for the first time ever! This year’s program promises to be as awe-inspiring as…
On Friday, a long winning streak for Monsanto concerning trials regarding their herbicide product, Roundup, was brought to an end in St. Louis. A jury awarded the plaintiff, John Durnell, $1.25 million, marking the first jury award for a Roundup plaintiff since before the COVID-19 pandemic and waylaying Monsanto’s nine-trial winning streak. The focus of…
In the landscape of products liability law, a trend appears to be taking shape where plaintiffs are using the RICO statute rather creatively to style their cases. The crux of the dispute, however, hardly strays from traditional products liability action. This maneuver is viewed by some as an attempt by the plaintiffs’ bar to present…
There’s an upcoming event of note for our readers who focus particularly on product liability and related areas. A webinar titled “The Lightning Round – Product Liability & Beyond” is scheduled to occur on November 7th, from 11:00 am – 1:00 pm EST, as reported by JD Supra. The webinar, led by Bricker Graydon LLP’s…