Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
In 2024, the Florida Supreme Court changed the Florida Rules of Civil Procedure, aligning them with federal standards in many areas. One of those areas was the scope of discovery. What was once an expansive often burdensome...more
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
In Shears v. Ethicon, Inc., the U.S. Court of Appeals for the Fourth Circuit vacated a judgment entered in favor of Ethicon and its parent company Johnson & Johnson following a jury trial in a pelvic mesh products liability...more
The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such...more
Numerous products in our day-to-day lives incorporate or consist of software. The legal system, however, has been hesitant (at best) to bring software within traditional product liability regimes. Courts have grappled with...more
For at least two decades, Pennsylvania law has recognized an exemption from strict liability for prescription drug manufacturers based on the state Supreme Court’s interpretation of the Restatement (Second) of Torts Sec. 402A...more
New York state's High Court has expanded the optional safety device exception to strict products liability to apply to equipment rental. ...more
As our use of AI technology becomes more frequent, interconnected, and integral to daily life, the liability exposure to AI product designers and manufacturers continues to escalate. There are more potential liability risks,...more
In Kim v. Toyota Motor Corp., 6 Cal.5th 21 (Cal. 2018), the Supreme Court of California considered whether the trial court properly allowed the defendant to introduce evidence of industry custom and practice in defense of a...more
Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more
Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more