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…
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,…