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Failure To Warn

Jones Day

City of Charleston v. Brabham Oil Co.: Charleston's Climate Change Suit Against Fossil Fuel Manufacturers Dismissed by South...

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On August 6, 2025, a South Carolina Court of Common Pleas judge dismissed the City of Charleston's lawsuit against more than 20 fossil fuel manufacturers, retailers, and pipelines, seeking to recover for alleged harms related...more

Searcy Denney Scarola Barnhart & Shipley

Cancer and Medication: Advocating for Yourself and Your Health

Unfortunately, the risk of a cancer diagnosis is a very real concern with many common (and not-so-common) medications. While drug companies have a legal duty to ensure that their medications are safe, these companies don’t...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera Birth Control Shots and the Risk of Meningioma Brain Tumors

Depo-Provera, a birth control injection containing the hormone medroxyprogesterone acetate, has been widely used for decades as a convenient contraceptive option. For many women, the Depo shot offered an alternative to daily...more

Searcy Denney Scarola Barnhart & Shipley

Staying Informed About Medication Safety and Cancer Risks

The medications we take are supposed to protect our health and help us recover from serious illnesses and injuries. Unfortunately, this doesn’t always happen. Some medications cause more harm than good. Dangerous and...more

Tyson & Mendes LLP

Laughing Gas Is No Laughing Matter: New Lawsuit May Impose Strict Liability on Nitrous Oxide Manufacturers for Marketing Practices

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Laughing gas may make you giggle, but the legal implications are no joke. As courts begin to scrutinize the marketing of nitrous oxide, a substance long associated with harmless fun, a new lawsuit is forcing manufacturers to...more

Searcy Denney Scarola Barnhart & Shipley

Defective Medical Devices and Their Impact on Patient Safety

Defective medical devices present serious risks for patients. Just how big—and how severe—is the problem? Consider this from the U.S. Food and Drug Administration (FDA): “Each year, the FDA receives over two million medical...more

Searcy Denney Scarola Barnhart & Shipley

Litigation Against Pharmaceutical Companies: Holding Them Accountable

Pharmaceutical companies play a critical role in the healthcare system. They research, develop, and supply the drugs that patients need to manage and recover from all types of medical conditions—from antiviral medications...more

Hissey, Mulderig & Friend, PLLC

Were You or a Loved One Exposed to Asbestos? Get Your Free Asbestos Health Exam and Find Out If You Qualify For Compensation

For decades, thousands of American workers were unknowingly exposed to asbestos on the job. Before safety regulations were widely enforced in the early 1980s, asbestos was a common material used in construction,...more

Goldberg Segalla

Court Grants Boiler Manufacturer’s Motion to Strike Punitive Damages Under Maritime Law

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Court: U.S. District Court for the Northern District of California - Plaintiff Vernon Armstrong alleges he developed lung cancer from asbestos exposure during his Navy service, under claims for negligence, strict liability,...more

Goldberg Segalla

California Jury Returns Asbestos Verdict For Auto Parts Companies

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Court: Calif. Super., Los Angeles Co. - Plaintiff, Ronald Carpenter, filed suit against various defendants, claiming his lung cancer was caused by exposure to asbestos from their products. Carpenter alleged various exposures,...more

Husch Blackwell LLP

Massachusetts Talc Trial Results in $8M Plaintiff Verdict

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In June 2025, a Suffolk County, Massachusetts jury delivered an $8 million verdict in Janice Paluzzi v. Johnson & Johnson (21-2109). The jury allocated $5 million for past pain and suffering and $3 million for future pain and...more

Goldberg Segalla

Fourth Department Denies Defendant’s Appeal on Issue of Causation and Affirms Judgment Entered in Favor of Plaintiff

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Supreme Court of New York, Appellate Division, Fourth Department - In this personal injury action, plaintiff Joseph Skrzynski alleged asbestos exposure from brakes and other related products while working at an automobile...more

Searcy Denney Scarola Barnhart & Shipley

Taking Legal Action Against Defective Medical Device Manufacturers

Defective medical devices can present serious—and sometimes life-threatening—risks for patients. As a patient, you never expect a medical implant to cause you harm. You expect the manufacturer to conduct thorough testing...more

Goldberg Segalla

California Jury Returns Defense Verdict in Asbestos Pipe Trial Featuring Kidney Cancer Claim Preclusion

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Court: Superior Court of California, County of Alameda - On June 15, 2023, plaintiffs Alvarino and Dianna J. DaSilva first filed an asbestos action in the Alameda County, Calif., Superior Court, alleging that Alvarino DaSilva...more

Faegre Drinker Biddle & Reath LLP

Defective Logic: Why Recall Evidence Falls Short in Court

In product liability litigation, plaintiffs often treat a product recall as though it is conclusive proof that the product is defective or that its warnings are inadequate. Some plaintiffs even cite clearly inapplicable...more

Stark & Stark

A Simple Guide to Depo-Provera Lawsuits and Settlements

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What is a meningioma and what types of injuries qualify? Depo-Provera has many known side effects. However, the current Depo-Provera litigation mainly involves a “signature injury” that was not properly warned against by...more

Adams & Reese

Warning! Clear Labels Lead to Better Defense Protection for Manufacturers, Says Louisiana Supreme Court

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A recent Louisiana Supreme Court decision confirmed that clear and express warning labels are a powerful defense for manufacturers against product liability claims under the Louisiana Products Liability Act (LPLA), especially...more

Fishman Haygood LLP

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

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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

Jones Day

Georgia Limits Liability for Pesticide Manufacturers

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This week, Georgia's governor signed a new pesticide labeling and liability act (SB 144) ("Act"), amending state law to limit the scope of pesticide manufacturer liability for failure to warn and aligning the state standards...more

Morris James LLP

Recent Developments in Depo-Provera Litigation: Formation and Progress of Multidistrict Litigation (MDL)

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The legal landscape surrounding Depo-Provera, a long-acting injectable birth control, has entered a pivotal phase. With the growing number of lawsuits alleging that the drug caused serious brain tumors known as meningiomas,...more

Searcy Denney Scarola Barnhart & Shipley

10 Important Facts About Filing a Depo-Provera Lawsuit

If you have questions about filing a Depo-Provera lawsuit, you are not alone. As awareness of the link between Depo-Provera and intracranial meningioma continues to grow, we are continuing to hear from more women and family...more

Foley Hoag LLP

Product Liability Update - April 2025

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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

Jones Day

Climate Change Suits Against Energy Companies Tossed by U.S. State Courts

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On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more

Goldberg Segalla

Jury Returns Verdict for American Honda in Asbestos Brakes Case

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Jurisdiction: Calif. Super., Los Angeles Co. - Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was...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

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