In a recent legal decision that stands to impact the cosmetic industry and the manufacturing sector more widely, a motion for summary judgment regarding punitive damages was denied for a cosmetic talc manufacturer. The judgement was issued by the Supreme Court of New York, New York County on October 5, 2023, concerning a lawsuit filed…
On Monday, 9 October 2023, a joint Committee of the European Parliament made strides towards the evolution of EU product liability laws. This conglomerate, formed by the Internal Market and Consumer Protection Committee (IMCO) and the Committee on Legal Affairs (JURI), approved their stance on revisions to product liability laws as proposed by the European…
In a significant decision, the Tennessee Supreme Court has dictated that the economic loss doctrine will only apply in product liability cases, effectively overruling the Appeals Court’s extension of the doctrine. This precedent-setting ruling ensures that aggrieved parties in a contract dispute may recover damages beyond those outlined in the initial contract. As a result,…
In this analysis, we provide an update on the recent developments of product liability laws concerning major corporations and law firms primarily in Massachusetts but also including developments in New York and New Jersey. This coverage is based primarily on the ‘Product Liability Update – September 2023’ published by Foley Hoag LLP. In a significant…
Renowned audio equipment manufacturer, Sonos, is caught in a products liability class action lawsuit. The case centers around the company’s Arc soundbar, reportedly harboring a defect which users have ominously dubbed the ‘Pop of Death’. This irregular yet jarringly loud sound is said to occur when the system is used in conjunction with Dolby Atmos…
In an important legal development, the Superior Court of New Jersey, Appellate Division, has overturned a previous $223.8 judgment against Johnson & Johnson. Set in 2020, the case related to allegations of asbestos-contaminated talcum powder. The appeal for this case was launched by Johnson & Johnson after being sentenced to pay such a large sum…
In an ongoing endeavour to strengthen its California-based operations, Womble Bond Dickinson has welcomed a proficient, six-personnel product liability team to its ranks. This is the legal behemoth’s third group incursion in the state since July. The report reveals that the new team comprises partners Claire Weglarz, Macy Chan, and Thomas Remillard, who will be…
Just when you thought the debate surrounding a possible Trump vs. Biden election was robust enough, Mark Herrmann provides an insightful and equally provocative take in a recent piece on the widely-read legal blog, Above the Law. Within the piece, Herrmann delves into the conventional wisdom of this hypothetical election scenario. One side of the…
The unresolved issue of the 40 vacant judgeships in Massachusetts state courts continues to be a cause for concern among attorneys in the region. These lingering vacancies pose significant problems such as litigation delays, resulting in rising tension particularly in time-sensitive matters. Notably, this issue has been felt most acutely in criminal cases, product liability…
Taking a proactive approach to product liability risks within the life sciences sector is now more crucial than ever, given the evolving nature of the global legal landscape. In this perspective, Venable LLP is hosting a webinar – Life Sciences Series – Product Liability Risk Management Strategies in the Pre and Early Litigation Time Frame,…
A former lawyer from Kline & Specter faced nearly $20,000 in penalties in a Pennsylvania federal court due to his “disruptive and unprofessional” actions during four separate depositions. These hearings were part of a product liability lawsuit wherein he served as the legal representative for the parents of a child who tragically passed away in…
The Superior Court of California, County of Los Angeles, has issued final orders on a series of motions from automotive defendants Mercedes-Benz USA LLC, Morse Tec LLC, American Honda Motor Co. Inc., and Volkswagen Group of America Inc. Lesser-known firms positioned against plaintiff Samson Bareh, who alleges exposure to asbestos through their manufactured products. In…
The challenges involved in defending an American Aircraft Manufacturing (AAM) product liability lawsuit are substantial and multifaceted, requiring both a comprehensive understanding of the law and a strategic approach. The original article covers this topic extensively, offering insights highly valuable for corporate and law firm professionals. Defending such lawsuits is a process which begins long…
A new report suggests that product liability cases not included in multidistrict litigation topped their highest level since 2013, with a total of 5,826 cases recorded to have been filed in 2022. According to the 2023 Product Liability Litigation Report by Lex Machina, this rise has been a constant for seven years, excluding a minor…
On June 2, 2023, the renowned pharmaceutical company, Shire US Inc., together with Shire LLC, petitioned the Supreme Court to review a ruling previously made by the Eleventh Circuit. The ruling was highly focused on the intricate relationship between state tort law and FDA regulations encompassing drug labels. This case, widely known as Shire v….
Every year, countless individuals in Florida and beyond suffer as a result of defective consumer products. The fallout from such incidents can range from minor inconveniences to serious injuries and, in the most severe cases, even wrongful death. Moreover, product liability claims are vast in their complexity, involving a variety of defendants and claim types….
Understanding what comes after Multi-District Litigation (MDL) is crucial for any legal professional seeking to successfully navigate these complex proceedings. Product liability actions often involve several common areas of concern, such as the harm caused by a product or chemical. In many cases, these files are lodged in multiple jurisdictions, leading to their consolidation in…
In a significant move showing the growing demand for litigation matters across the legal sector, Arnold & Porter Kaye Scholer has expanded its product liability litigation practice with a six-lawyer trial team. The team has been poached from Shook, Hardy & Bacon and includes distinguished litigators covering a variety of industries. The experienced group headed…
Product Liability is an essential topic in business law, particularly significant to corporations and legal professionals. Clarifying the understanding of product liability claims helps these professionals adeptly navigate related legal scenarios, potentially preventing litigation or adeptly defending against it. This subject is particularly crucial in Florida, where the state law distinctly categorizes product liability claims…
In a significant development within the U.S. legal industry, six attorneys from leading law firm Shook Hardy & Bacon LLP have recently joined Arnold & Porter. The new hires have been incorporated into Arnold & Porter’s product liability litigation practice group and will enhance the firm’s operating capacity in its Washington, D.C., and Houston offices….
Product liability cases, particularly those in the realm of personal injury law, pose a myriad of complexities and challenges. Within the intricate terrain of these legal matters, proving the defendants’ liability often turns into an uphill battle. This brief guide aims to unmask the processes needed to establish and prove the defendants’ fault in a…
When it comes to complex matters in personal injury law, product liability cases stand out due to their intricate fact patterns and numerous issues of law. The importance of gathering and preserving evidence in such cases cannot be underestimated, particularly in jurisdictions such as Florida. Evidence plays a monumental role in elucidating the circumstances leading…
In a crucial development in mass torts and product liability, the ninth circuit has just ruled on the use of videoconferencing in court proceedings, specifically on the issue of subpoena power. As reported on JD Supra, in the case of In re Kirkland, the ninth circuit ruled that the geographic scope restrictions defined in Federal…
In an intriguing shift away from conventional thinking, there has been recent discussion concerning product liability lawsuits pertaining to surgical robots. While it’s common to envision liability suits from patients after unsuccessful operations, it’s considerably less common to consider potential claims from healthcare providers over injuries sustained while operating these technological wonders. Shook, Hardy &…
3M Co. has consented, albeit tentatively, to pay upwards of $5.5 billion in an effort to resolve over 300,000 lawsuits that claim that the company sold defective combat earplugs to the US military, according to information from individuals connected with the agreement. Bloomberg Law reports. This significant settlement would sidestep a potentially much bigger liability…