Appeals, Product Defects, Failure To Warn

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

Fishman Haygood LLP on 5/21/2025

The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

State Court Rejection of Federal Preemption in Product Liability Claim Highlights Uncertainty for Manufacturers

McGuireWoods LLP on 3/11/2025

On Feb. 11, 2025, the Missouri Court of Appeals for the Eastern District in Durnell v. Monsanto Co., upheld a jury verdict awarding $1.25 million in compensatory damages to plaintiff John Durnell from defendant Monsanto Co....more

Product Liability 2021 Year in Review

Nutter McClennen & Fish LLP on 1/12/2022

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Amazon and Products Liability: What A Difference the Mason-Dixon Line Makes

Rosenberg Martin Greenberg LLP on 7/11/2019

Less than two months apart, two U.S. Courts of Appeal examined the same two issues involving Amazon and came to diametrically opposed conclusions on one of them. The issues were: (a) whether the Communications Decency Act...more

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

Harris Beach Murtha PLLC on 5/9/2018

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

Medical Device Manufacturers’ Duty to Warn Expands

Knobbe Martens on 4/8/2017

The Washington State Supreme Court recently released its decision in Taylor v. Intuitive Surgical, Inc. where it held that Washington law requires medical device manufacturers to warn hospitals that purchase their products of...more