News & Analysis as of

Strict Product Liability

Searcy Denney Scarola Barnhart & Shipley

The Importance of Medical Monitoring After Exposure to Toxins

Exposure to toxins through contaminated drugs, medical implants manufactured with dangerous materials, and other risks can have serious and long-term health consequences. However, in many cases, these consequences may not...more

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

Law School Toolbox

Bar Exam Toolbox Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability)

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Welcome back to the Bar Exam Toolbox podcast! This episode is the final in our Torts trilogy, where we're summarizing the topics from Torts we've covered in our "Listen and Learn" series. Today we're talking about strict...more

JUSTICENTER

Product Liability: What It Means and How to Pursue a Claim 

JUSTICENTER on

When we buy a product, we expect it to work properly and keep us safe. However, some products cause serious injuries because of poor design, production errors, or missing warnings. This is where product liability law comes...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

Morrison & Foerster LLP

Software Gains New Status as a Product Under Strict Liability Law

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant...more

Kilpatrick

Toxic product cases: Northern District of Illinois rules that expert testimony is required to prove product defect

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Takeaway: We have discussed the pleading requirements that apply to cases alleging that products are toxic or otherwise contaminated with some sort of harmful substance or chemical. See Federal court dismisses false...more

Husch Blackwell LLP

Hawaii Court Hands Down Hefty Verdict Against Tobacco Company Defendant in Throat Cancer Trial

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In a recent case pending in Hawaii state court, a husband and wife sued a tobacco company defendant for various claims related to its manufacturing and marketing of tobacco cigarettes, including strict products liability,...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

Morris James LLP

Finger Amputations at Work: Understanding Your Rights and the Path to Recovery

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Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...more

McGuireWoods LLP

Product Liability & Mass Tort Monitor: April 2025

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The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort litigation....more

Goldberg Segalla

Florida Jury Awards Plaintiff $18 Million in Asbestos Case against Brake Grinding Manufacturer

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Court: Florida – 17th Judicial Circuit Court - Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and household exposure from...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

White and Williams LLP

A Matter of Circumstance: New York Court Finds Circumstantial Evidence Enough

In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered...more

Melito & Adolfsen

“Taking the Suddenness Out of Accident”

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Can AI or Chat GBT write poetry, perhaps by accident. But an insurance underwriter came up with the phrase: “Taking the suddenness out of accident.” Now that’s poetry. The poet was describing the “occurrence” definition in an...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

Foley Hoag LLP

Product Liability Update - February 2025

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

Harris Beach Murtha PLLC

National Mass Torts: 2024 Year in Review

Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker, and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the...more

Nutter McClennen & Fish LLP

Product Liability 2024 Year in Review

Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Searcy Denney Scarola Barnhart & Shipley

Choosing the Right Lawyer for Your Mass Tort Case

If you are entitled to just compensation for injuries caused by a defective medical device or another dangerous or defective product, you may be able to join an existing mass tort case. This is not the same as joining a class...more

McGuireWoods LLP

Behind the Counter: Nitrous Oxide Requires Responsible Regulation, Continues to Show Risk

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Across the United States, nitrous oxide (N2O), also known as laughing gas or nitrous, continues to be sold in convenience stores, gas stations and other easy-to-access locations with limited national enforcement. N2O serves a...more

Goldberg Segalla

Federal District Court Grants Pump Manufacturer’s Motion for Summary Judgment in Asbestos Action

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In this asbestos action, plaintiff Michele Salvemini alleges exposure to asbestos while working as a marine engineer and shipyard mechanical worker on various merchant and U.S. Navy ships from 1974 to 2007. During this...more

Marshall Dennehey

Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court...

Marshall Dennehey on

Doe A.F. v. Lyft, Inc., No. 23-3990-KSM, 2024 WL 4479912 (E.D. Pa. Oct. 10, 2024) - The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app....more

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

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For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more

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