News & Analysis as of

Causation Product Defects

Fishman Haygood LLP

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

Fishman Haygood LLP on

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

White and Williams LLP

New Jersey Court Pumps the Brakes on Product Liability Lawsuit

White and Williams LLP on

In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’...more

Holland & Hart - Your Trial Message

Account for a Jury’s Purpose on Damages

Something that we see over and over again in mock trials has now occurred in an actual trial. A recent jury in Allegheny County, Pennsylvania entered a defense verdict in favor of Johnson & Johnson, answering “No” to the...more

Foley Hoag LLP

Product Liability Update - July 2024

Foley Hoag LLP on

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Faegre Drinker Biddle & Reath LLP

Expert’s Results-Driven Methodology Leads to Exclusion and Summary Judgment in Paraquat MDL

An expert witness is not supposed to pick a desired result and then reverse engineer inputs and methods that reach that result. As the Ninth Circuit observed 30 years ago, “[c]oming to a firm conclusion first and then doing...more

Bennett Jones LLP

Developments in General Causation Methodologies for Class Certification

Bennett Jones LLP on

In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's...more

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

Hot Topics in Products Liability Law: Data Can be Used in Products Liability Cases as a Sword and as a Shield

In a past blog post, we predicted that data is arguably the products liability issue of the future. Dealing with data is already often a critical part of products liability lawsuits, but with the rise of artificial...more

Shook, Hardy & Bacon L.L.P.

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more

Hogan Lovells

Rebuttable presumptions of fact under the EU Commission’s recent product liability directive proposal

Hogan Lovells on

Injured parties have claimed for a long time that one of the biggest obstacles they face to obtain compensation for damages suffered in product liability cases, is to meet the burden of proof regarding the defectiveness of...more

Latham & Watkins LLP

European Commission Proposes Reform on Liability Rules for Artificial Intelligence

Latham & Watkins LLP on

The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. On 28 September 2022, the European Commission issued two...more

Faegre Drinker Biddle & Reath LLP

Ipse Dixit – It’s Not Just for Analytical Gaps Anymore

There are few legal phrases more fun to say than “ipse dixit.” The phrase is most commonly used in motions to exclude experts who base their opinions on nothing more than their own say so...more

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

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

Searcy Denney Scarola Barnhart & Shipley

How to Win a Florida Wrongful Death Case

Wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. A wrongful death lawsuit is a civil claim filed by the personal representative of the deceased person’s estate....more

Holland & Knight LLP

Medical Manufacturer Prevails in Massachusetts Product Liability Suit

Holland & Knight LLP on

When someone is deciding whether to undergo a medical procedure, they think about a lot of things: How much does the procedure cost? What are the risks? What are the benefits? They probably don't consider whether their...more

Searcy Denney Scarola Barnhart & Shipley

The Number One Rule in Product Liability Claims

Product liability is based in “tort” law, along with legal claims like intentional torts, negligence, and strict liability. Torts are wrongful acts that cause injury to another person. Product liability claims can be based on...more

Foley Hoag LLP

Product Liability Update: March 2020

Foley Hoag LLP on

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Harris Beach Murtha PLLC

Significant New York Drug and Device 2017 Product Liability Decisions

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Buchalter

Regulatory and Product Liability Overview for Distributors of Food Products in California

Buchalter on

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

Searcy Denney Scarola Barnhart & Shipley

Viagra — Developments in Litigation

There have been some very recent developments in the national litigation regarding the erectile dysfunction (ED) drug Viagra and the allegation that its use increases a patient’s risk of developing melanoma. Judge Seeborg,...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide