News & Analysis as of

Manufacturer Liability

Marshall Dennehey

NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law

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Berkoski v. Honda Motor Company, et al., (App. Div. 2025) - The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when...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

MG+M The Law Firm

PCBs and Precedent: What the Monsanto Settlement Means for Future Toxic Torts - (UPDATED)

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Monsanto has recently settled with families who claimed they were exposed to polychlorinated biphenyls (PCBs) at a school near Seattle, ending what had become one of the most closely watched toxic tort cases in recent memory....more

Goldberg Segalla

PA Appellate Court Affirms Defense Summary Judgments

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Court: Superior Court of Pennsylvania - In this asbestos appeal, appellant Sandra Pendergrass — the administratrix of the estate of decedent, Vernetta Merie Coe — appealed the Court of Common Pleas of Erie County Civil...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

Searcy Denney Scarola Barnhart & Shipley

Searcy Denney Investigates Bass Tracker Seatback Failures Resulting in Serious Injuries

Searcy Denney recently became aware of safety concerns with the seats used in Bass Pro’s bass boats. According to the Coast Guard’s safety alert, the casting seats break at the connection between the seatback and base, which...more

Environmental General Counsel PC

CalRecycle Releases New EPR Packaging Regulations: Imminent Compliance, New Exclusions, and Deferred Eco-Modulation Implementation

A lot is going on in the extended producer responsibility (“EPR”) packaging world this month.  Maryland and Washington became the sixth and seventh states respectively to enact EPR packaging laws.  And this week, just a...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

Harris Beach Murtha PLLC

New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks...more

Searcy Denney Scarola Barnhart & Shipley

Protecting Yourself from Dangerous Products: Tips for Consumers

Dangerous products are far more common than they should be. Despite manufacturers’ and retailers’ obligations to avoid putting dangerous products on the market, numerous people suffer serious and fatal injuries caused by...more

Bricker Graydon LLP

[Webinar] Fast Facts, Big Impacts: The Manufacturing Lightning Round - January 16th, 9:00 am - 11:45 am ET

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Join Bricker Graydon attorneys and distinguished experts as we cover a myriad of topics in a 2-hour, rapid-fire format webinar designed to provide you with valuable information that you can put to immediate use. See the...more

Bennett Jones LLP

Amended Recall Requirements for Medical Devices and Pharmaceutical Products in Canada

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Health Canada is making changes (via legislative amendments) to the manner in which medical devices and pharmaceutical products are recalled under the Medical Device Regulations, SOR/98-282 (MDR) and the Food and Drug...more

Bennett Jones LLP

Differences in Consumer Protection Legislation Continue to Deter National Consumer Protection Based Class Actions

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The Supreme Court of British Columbia’s recent December 2023 decision in MacKinnon v Pfizer Canada Inc. (MacKinnon) illustrates that certifying a national class action against product manufacturers based on breaches of...more

Fisher Phillips

Snapshot On Manufacturing Industry: 7 Essential Elements Of A Workplace Investigation

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Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick look at a significant workplace law issues that can impact manufacturers. This edition will focus on workplace investigations and how...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Napoli Shkolnik

Product Liability: How it Works For and Against Victims of Defective Medical Devices

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Crafting the perfect medical device is never an exact science—but a patient should never suffer because of defects in a product that was intended to improve their quality of life. Determining whether a device manufacturer or...more

Knobbe Martens

Enovis Corp. Acquires LimaCorporate for $846 Million

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Enovis Corporation (“Enovis”) announced on September 25, 2023, that it has agreed to acquire LimaCorporate S.p.A (“LimaCorporate”)....more

Bricker Graydon LLP

[Webinar] The Lightning Round – Product Liability & Beyond - November 7th, 11:00 am - 1:00 pm EST

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Join Bricker Graydon attorneys and distinguished experts as we cover a myriad of topics in a 2-hour, rapid-fire format webinar designed to provide you with valuable information that you can put to immediate use. More details...more

Knobbe Martens

Major Med Device Product Developer GE HealthCare Collaborating with Healthcare Providers

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For good reasons, including product safety, quality assurance, development of delivery procedures and instructions, it has been a common practice for medical device companies and innovators to consult with physicians during...more

Goldberg Segalla

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

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What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind...more

Troutman Pepper Locke

Tennessee AG Sues More Than 20 PFAS Manufacturers

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Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform...more

Snell & Wilmer

California Supreme Court Clarifies Possible Lemon Law Damages

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In Kirzhner v. Mercedes-Benz USA, LLC (2020) 9 Cal.5th 966, the California Supreme Court expanded the possible damages that are recoverable under the Song-Beverly Consumer Warranty Act (the “Act”) to include registration...more

Snell & Wilmer

California Supreme Court Limits Consumer Lemon Law Protection to Vehicles Purchased in California

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In Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478, 483, the California Supreme Court addressed the issue of “whether a buyer who resides in California may bring suit against a manufacturer under the [Song-Beverly...more

Hogan Lovells

The next era of digital therapeutics

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Products incorporating artificial intelligence/machine learning (AI/ML) algorithms have enormous potential for health care. The power of AI can enhance the capabilities of software that has the potential to benefit more...more

Goldberg Segalla

PFAS ALERT: What Happens in California Won’t Likely Stay in California

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In what has been earmarked as the largest government enforcement PFAS action to date, California’s attorney general last month filed an historic lawsuit against more than a dozen per-and polyfluoroalkyl substance (PFAS)...more

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