We recently covered the United States Supreme Court’s troubling decision in Ford Motor Company v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), which has broadened the reach of specific personal jurisdiction...more
4/28/2021
/ Automotive Industry ,
Causation ,
Component Parts Doctrine ,
Ford Motor ,
Ford Motor Co. v Bandemer ,
Ford Motor Co. v Montana Eighth Judicial District Court ,
Jurisdiction ,
Manufacturers ,
Personal Jurisdiction ,
SCOTUS ,
Stream of Commerce
By a unanimous vote of 8-0, the United States Supreme Court has shifted the personal jurisdiction landscape for many product manufacturers, finding some companies may be subject to suit in any U.S. jurisdiction where a...more
It’s been nearly six months since the HHS Secretary declared COVID-19 a public health emergency. As communities emerge from quarantine, businesses are on high alert regarding potential COVID-19 liability. Some businesses...more
7/14/2020
/ Business Operations ,
Causation ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Foreseeability ,
Health Care Providers ,
Nursing Homes ,
Public Health ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Re-Opening Guidelines ,
Regulatory Oversight ,
Suppliers
Late last year we covered a decision finding a mine operator could not be held liable for unpermitted discharges under the Clean Water Act because it had properly disclosed them to the state permitting authority, which “chose...more
6/2/2020
/ Centers for Disease Control and Prevention (CDC) ,
Civil Liability ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Draft Guidance ,
Due Process ,
Fair Notice ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Immunity ,
Regulatory Agencies ,
Temporary Regulations ,
Waiver of Liability
Earlier this week, we discussed current trends and future implications of COVID-19 on businesses operating in the products arena, noting the most direct impact so far on the pharmaceutical and medical device spaces....more
3/22/2020
/ Contractors ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Immunity ,
Manufacturers ,
Material Suppliers ,
Personal Protective Equipment ,
Pharmaceutical Industry ,
Popular ,
Prescription Drugs ,
Protective Gear ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Virus Testing
It has been four months since the world learned of coronavirus disease 2019 (“COVID-19”), the new strain of coronavirus causing respiratory infection in its victims. With nearly 154,000 confirmed cases and a current death...more
Arbitration clauses are commonplace in corporate transactions, including those in the product liability arena. Whether the agreement concerns the distribution of a product to a seller or the sale of a product to a consumer,...more
2/5/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
In the products arena, it is not every day that foreign law becomes relevant to a domestic lawsuit. When it does, however, it can create confusion and uncertainty amongst the litigants and the court. Although Federal Rule of...more
9/14/2018
/ Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Exports ,
FRCP Rule 44.1 ,
Judicial Deference ,
Price-Fixing ,
Question of Law ,
Reversal ,
Sherman Act
It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we...more
7/17/2018
/ 21st Century Cures Act ,
Affordable Care Act ,
Client Services ,
Depositions ,
DQSA ,
Emergency Response ,
Enforcement Actions ,
FDASIA ,
Food and Drug Administration (FDA) ,
Food and Drug Administration Amendments Act (FDAAA) ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Innovation ,
Juror ,
Jury Trial ,
Law Firm Associates ,
Law Firm Ownership ,
Law Firm Partners ,
Law Practice Management ,
Manufacturers ,
Medical Device User Fee Program (MDUFA IV) ,
Medical Devices ,
Multidistrict Litigation ,
Patient Rights ,
Patient Safety ,
Patients ,
Pharmaceutical Industry ,
Preemption ,
Questionnaires ,
Reporting Requirements ,
State Law Tort Claims ,
Voir Dire ,
Witness Preparation
Product liability litigation is no stranger to corporate defendants residing outside of the United States. Whether you work for a foreign corporation or represent a foreign corporation, service of process should be at the...more
Personal jurisdiction was not a commonly pursued defense in product liability for a number of years because of the less-than-favorable state of general jurisdiction. ...more
We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from...more
3/31/2017
/ Automotive Industry ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
Evidence ,
Ex-Parte Communications ,
Popular ,
Product Defects ,
Product Recalls ,
Seatbelts ,
Strict Liability ,
Technology ,
TX Supreme Court