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Ballard Spahr LLP

One Size Fits None: Sixth Circuit Demands State-by-State Analysis in Auto Defect Class Actions

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The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more

Marshall Dennehey

Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

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Berkoski v. Honda Motor Company, Ltd., 328 A.3d 986 (N. J. Super., App. Div. 2025) - This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if...more

Husch Blackwell LLP

Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

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The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In...more

Husch Blackwell LLP

Another Bite at the Apple: Court Tosses Defense Verdict in Infant Formula Litigation

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In December 2024, we reported on a City of St. Louis, Missouri jury verdict in favor of baby formula manufacturers in a lawsuit claiming their specialized infant formulas for premature babies caused an infant to develop...more

McGuireWoods LLP

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

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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

Bennett Jones LLP

Plaintiffs Fail to Show "Some Basis in Fact" For Certification in Two Proposed Vehicle Defect Class

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Class proceedings are frequently proposed after automakers issue recall notices. Two recent decisions from the Court of Appeal for Saskatchewan, Kane v FCA US LLC, 2024 SKCA 86 (Kane) and Evans v General Motors of Canada...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

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On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

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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

Nutter McClennen & Fish LLP

Product Liability 2020 Year in Review

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Massachusetts federal and state courts issued a number of important product liability decisions in 2020. These involved a number of rulings on issues surrounding personal jurisdiction. The Product Liability practice group at...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

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In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

Holland & Knight LLP

Healthcare Law Update: September 2017

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OIG Advisory Opinions - Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized - On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more

Knobbe Martens

Medical Device Manufacturers’ Duty to Warn Expands

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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

Bracewell LLP

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

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On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

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