News & Analysis as of

Product Defects Reversal

Fishman Haygood LLP

U.S. Sixth Circuit, En Banc, Reverses GM Transmission Certification on Commonality and Predominance Grounds

Fishman Haygood LLP on

In a previous JD Supra article, I wrote about the Sixth Circuit Court’s initial decision, which upheld class certification for the matter despite GM’s challenges to Article III and predominance, in the case of Speerly v....more

Faegre Drinker Biddle & Reath LLP

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

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest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

Hinshaw & Culbertson - Lawyers for the...

Expert Testimony Sufficient to Defeat Summary Judgment Motion in Settle and Sue Case

Webb v. Ellis, 2020 Tex. App. LEXIS 3527 (2020) - Brief Summary - A Texas appellate court reversed the trial court's grant of summary judgment in defendants' favor on plaintiffs' legal malpractice claim—which was based on...more

Cozen O'Connor

Eighth Circuit Reverses Summary Judgment for Manufacturer in Product Defect Claim

Cozen O'Connor on

The U.S. Court of Appeals for the Eighth Circuit recently reversed a district judge’s grant of summary judgment to a manufacturer in a product defect claim for an explosion at an ethanol plant. In Green Plains Otter Tail, LLC...more

Carlton Fields

Oklahoma Supreme Court Reverses Course: Finds Arbitration Clause Printed on Shingles’ Wrapping Did Not Bind Homeowner to Arbitrate

Carlton Fields on

A third-party contractor installed the defendant’s shingles on the plaintiffs’ roof. Subsequently, the plaintiffs filed suit for damages allegedly caused by the defendant’s faulty shingles and replacement of their roof. The...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Holds Online Retailers May Be Liable for Defective Third-Party Products Under Pennsylvania Product Liability Laws

The Third Circuit Court of Appeals has held that online retailers such as Amazon could be held liable for allegedly defective third-party products sold through its website. In a 2-1 panel decision in Oberdorf v. Amazon.com,...more

Harris Beach Murtha PLLC

"Sellers" Beware: Online Marketplaces Could See Increased Liability for Allegedly Defective Products

The U.S. Court of Appeals for the Third Circuit recently issued a decision that could change the liability landscape for online marketplaces such as Amazon....more

Cozen O'Connor

8th Circuit Reverses to Uphold Successor Liability Defense, Highlighting The Importance of Consistent, Clear Descriptions Of...

Cozen O'Connor on

On April 5, the Court of Appeals for the Eighth Circuit wiped out a jury verdict in a products liability action and $13 million punitive damages award against a manufacturer and its wholly owned subsidiary on the basis that...more

Husch Blackwell LLP

Toxic Tort Monitor – January 2018

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A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...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

Benesch

Supreme Court Tightens Personal Jurisdiction Requirements

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Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

Benesch

Ninth Circuit Puts the Brakes on Chrysler Class Action

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On October 24, 2016, the Ninth Circuit Court of Appeals reversed a district court’s certification of a class against Chrysler Group (“Chrysler”) under the California Consumers Legal Remedies Act. Because the plaintiff could...more

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