Searching Content indexed under Product Liability & Safety by Goodwin Procter LLP ordered by Published Date Descending.
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Product Liability Without Personal Injury: Food, Supplement And Other Labeling Claims
Product liability lawsuits in the food and supplement industry have traditionally arisen in the personal injury context
United States
30 Jun 2012
Recent Products Liability Decisions
Goodwin Procter attorneys defeated a motion for class certification in a case brought on behalf of approximately 60,000 former patients of two Las Vegas endoscopy centers who alleged they were exposed to (but not infected by) blood-borne diseases including Hepatitis C due to the centers’ alleged mishandling of Teva’s prescription anesthetic, propofol. Rader v. Teva Parenteral Meds., Inc., 276 F.R.D. 524 (D. Nev. 2011).
United States
29 Mar 2012
New Federal Rule Of Evidence Simplifies Complex Privilege Issues Associated With E-Discovery
On September 19, 2008, President Bush signed into law a bill intended to ease certain burdens of electronic discovery.
United States
21 Oct 2008
New Law Reforms Consumer Product Safety Standards And Reauthorizes The CPSC
On August 14, 2008, the President signed into law H.R. 4040, the Consumer Product Safety Modernization Act (“CPSMA”). This Act amends the Consumer Product Safety Act (“CPSA”) and addresses several product safety issues, including the safety of children’s products, the regulation of imported consumer goods and third-party testing requirements.
United States
18 Aug 2008
Rhode Island High Court Rejects State’s Public Nuisance Claim
In an 81-page opinion, the Rhode Island Supreme Court overturned a verdict that would have required paint manufacturers to pay an estimated $2.4 billion to clean up lead paint from contaminated homes under a public nuisance theory.
United States
4 Jul 2008
California Supreme Court Adopts Sophisticated User Defense
The California Supreme Court announced that it has adopted the "sophisticated user" defense in products liability and toxic tort actions. Johnson v. American Standard, Inc., slip op. S139184 (April 3, 2008).
United States
7 Apr 2008
Ohio Supreme Court Upholds Constitutionality Of Tort Reform Provisions Capping Awards Of Noneconomic And Punitive Damages
Efforts to reform state tort law have been the subject of much political controversy over the last three decades as legislatures have attempted to ameliorate the adverse impacts of tort law on the availability of insurance coverage and on their economies.
United States
10 Jan 2008
Texas Supreme Court Limits Discovery To Products Plaintiffs Can Connect To Claims
In a recent decision, the Texas Supreme Court showed once again that it will intervene to curtail overbroad and burdensome discovery allowed by some Texas trial courts. In In re Graco Children’s Prods., 2006 Tex. LEXIS 1073, No. 05-0479 (Tex. Oct. 27, 2006), the Texas Supreme Court granted mandamus to curtail broad discovery requests allowed by the trial court because the requests were immense and did not concern the defective product at issue in the litigation.
United States
14 Dec 2006
West Virginia Supreme Court Rules That the State’s Statute Barring Claims of Nonresidents Against West Virginia Defendants Is Unconstitutional
A common feature of mass tort litigation in the last few decades has been the rise of the magnet jurisdictions. Because they are perceived as being plaintiff-friendly, large numbers of nonresidents file suit in these jurisdictions even though these plaintiffs and the facts of their cases may have no significant relationship with the chosen jurisdiction.
United States
10 Jul 2006
Products Liaiblity & Mass Torts - New York High Court: Tort Defendants May Be Entitled to Broad Protection from Liability to Bystanders in Cases of Second-Hand Exposure to Toxic Substances
A recent opinion from New York State’s highest court calls into question the extent to which premises owners, and possibly even manufacturers and sellers of products, can be held liable for injuries to bystanders alleging second-hand or "take-home" exposure to potentially harmful products.
United States
30 Jan 2006
Multidistrict Litigation Order Criticizes Thousands of Silicosis Claims; Potential Implications for Other Areas of Mass Tort Litigation
In a 249-page order intended to "serve notice . . . that truth matters in a courtroom no less than in a doctor's office," a federal district court has found that the vast majority of approximately 10,000 silicosis claims consolidated in multidistrict litigation ("MDL")" were essentially manufactured on an assembly line" run by plaintiffs' lawyers, screening companies and doctors.
United States
19 Jul 2005
Recent Supreme Court Decision Will Make It Easier for Companies to Litigate Class Actions and Multi-Party Claims in Federal Court
The Supreme Court last week handed down a ruling with significant consequences for corporations engaged in multi-party and class action litigation. The Court decided two cases that questioned whether all plaintiffs must allege damages in excess of $75,000 in order for a federal court to have jurisdiction over the case.
United States
1 Jul 2005
Asbestos Reform Legislation Could Be Enacted by Year’s End
After a month-long mark-up, on May 31, 2005, the Senate Judiciary Committee favorably reported S.852, the "Fairness in Asbestos Injury Compensation Act of 2005" or "FAIR" Act out of committee for consideration by the full Senate.
United States
7 Jun 2005
New Law Will Help Protect Companies from Class Action and "Mass" Litigation Abuse
On February 10, 2005, the U.S. Senate passed Senate Bill 5, the Class Action Fairness Act of 2005 (the "Class Action Fairness Act" or the "Act"), which likely will take effect after swift approval by the House and the President. The Act effects a sweeping overhaul of the current class action litigation system by providing a federal forum for oversight of many class actions and increased judicial scrutiny of settlements and plaintiffs’ counsel fees in such cases.
United States
11 Feb 2005
New TSCA Requirements Present Substantial Challenge to Manufacturers That Produce or Import Chemical Substances
Beginning in 2005, manufacturers and importers of any of the roughly 76,000 chemical substances listed on the Chemical Substances Inventory maintained by EPA under the Toxic Substances Control Act ("TSCA Inventory") will be subject to new and expanded reporting and recordkeeping requirements. These new requirements are imposed by amendments to the TSCA Inventory Update Rule ("IURA") promulgated by EPA in January 2003, and are codified at 40 C.F.R. Part 710.
United States
5 Jan 2005
Products Liability & Mass Torts: Obesity Litigation - The Next "Tobacco"?
As obesity rates in the United States continue to rise, self-styled consumer rights activists are turning their attention to the manufacturing and marketing practices of the food industry and considering whether litigation can be used to change those practices.
United States
6 Jul 2004
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