Searching Content indexed under Product Liability & Safety by Cozen O'Connor ordered by Published Date Descending.
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California Court Affirms Strict Product Liability Despite Third-Party Criminal Act
A California court has given new meaning to the judicial maxim "on a clear day you can foresee forever!"
United States
16 Apr 2013
Supreme Court Rejects Class Action Plaintiff’s Stipulation Of Damages To Avoid Federal Court
The United States Supreme Court handed class action defendants a major victory today in the case of Standard Fire Insurance Co. v. Knowles.
United States
27 Mar 2013
The Not So Surprising PCA Indictment
Federal authorities have brought felony charges against former Peanut Corporation of America officials for their role with the fatal 2009 Salmonella outbreak that sickened over 700 and killed 9.
United States
28 Feb 2013
Minnesota's "Impairment Of Function And Value" Test Determines Whether Recalled Food Constitutes Property Damage
We often associate food recalls with harmful and contaminated products but manufacturers actually issue recalls for a variety of reasons.
United States
11 Feb 2013
Exhaust Fan Fires: Crimp Connection Failure And The Melted Copper "Smoking Guns"
Exhaust fans commonly found in the ceilings of bathrooms and laundry rooms cause many residential fires and fires in commercial and industrial buildings.
United States
11 Feb 2013
Establishing Predominance In Defective Disclosure Cases
A recent New York federal court opinion illustrates the difficulty in establishing predominance where the primary injury alleged is overpayment for a defective product based on misrepresentation or concealment of the defect
United States
15 Aug 2012
Pennsylvania Supreme Court Rules "Any Exposure" To Asbestos Fibers Does Not Pass Evidentiary Muster Under Frye (In A Decision With Significant Implications For Insurers)
On May 23, 2012, a unanimous Pennsylvania Supreme Court rejected the admissibility of "any exposure" expert opinion testimony, which is commonly advanced by asbestos plaintiffs.
United States
6 Jun 2012
Indiana Supreme Court Again Finds The Pollution Exclusion Ambiguous, But Indicates A Possible Way Forward
Enforcing the pollution exclusion clause in a commercial general liability policy continues to be problematic for insurers in the state of Indiana.
United States
3 Apr 2012
California Supreme Court Limits Asbestos Liability For Valve And Pump Manufacturers
The California Supreme Court sharply limited asbestos liability for valve and pump manufacturers (and their insurers) in O’Neil v. Crane Co., 2012 WL 88533 (Jan. 12, 2012).
United States
7 Feb 2012
Texas Supreme Court Issues Important Opinion Concerning Plaintiff's Burden of Proof In Products Liability Matters"
The Texas Supreme Court recently issued an important opinion concerning products liability. Merck & Co. v. Garza, 2011 Tex. LEXIS 638 (Tex. 2011) stemmed from litigation involving the diet drug Vioxx.
United States
10 Oct 2011
The Complications Of Certifying A Class In An MDL Proceeding
A recent federal court decision from Missouri in litigation involving Bisphenol-A ("BPA") reads like a law school "issue-spotter" exam on class certification.
United States
19 Aug 2011
The Product Malfunction Theory Lives On
The malfunction theory permits a plaintiff in a products liability action to pursue a product failure matter based on circumstantial evidence even when the product has been destroyed.
United States
27 Jul 2011
Supreme Court Weighs In On Personal Jurisdiction Over Foreign Companies
For the first time in more than two decades, the U.S. Supreme Court has weighed in on issues of personal jurisdiction.
United States
19 Jul 2011
Supreme Court Noses The Door Open A Bit Wider For Plaintiffs In Securities-Fraud Class Actions
In Matrixx Initiatives, Inc. v. Siracusano,1 a unanimous Supreme Court declined to adopt a bright-line rule that would have made a drug company’s failure to disclose adverse event reports material only if the reports were statistically significant.
United States
12 Apr 2011
New Food Safety Modernization Act Expands Regulatory Authority Over Food Industry
On January 4, 2011, in response to concerns regarding food-borne illnesses and related product recalls, President Obama signed into law the Food and Drug Administration Food Safety Modernization Act, H.R. 2751 ("FSMA" or "the Act"), which is being heralded as the most significant expansion of food safety requirements since the 1938 enactment of the Food, Drug, and Cosmetic Act.
United States
17 Jan 2011
Federal District Court Rejects "Nicastro Holding"
In "Leja v. Schmidt Mfg., Inc.", No. 01-5042 (DRD), 2010 U.S. Dist. LEXIS 110907 (D.N.J. Oct. 19, 2010), a federal district court in New Jersey declined to follow the decision of the New Jersey Supreme Court in "Nicastro v. McIntyre Mach. Am., Ltd.", 201 N.J. 48, 987 A.2d 575 (2010), concluding that, to the extent that the "Nicastro" holding expanded personal jurisdiction beyond the bounds set by the United States Supreme Court, it had to be disregarded. 2010 U.S. Dist. LEXIS 110907, at *1.
United States
17 Nov 2010
The United States Supreme Court to Consider the Reach of Personal Jurisdiction in Product Liability Actions
On September 28, 2010, the United States Supreme Court granted certiorari in two product liability cases, "J. McIntyre Machinery, Ltd. v. Nicastro", No. 09-1343, 2010 U.S. LEXIS 5747, *1 (U.S. Sept. 28, 2010) and "Goodyear Luxembourg Tires, S.A. v. Brown", No. 10-76, 2010 U.S. LEXIS 5750, *1 (U.S. Sept. 28, 2010), which are to be "argued in tandem."
United States
20 Oct 2010
Product Recall: Children’s Medication
On April 30, 2010, a unit of Johnson and Johnson, McNeil Consumer Healthcare in Fort Washington, Pa., commenced a voluntary recall in consultation with the U.S. Food and Drug Administration (FDA) of several children’s and infant’s over-the-counter liquid pain, fever and allergy medications.
12 May 2010
No Coverage For Defective Fruit Cup Packaging Where The Fruit Itself Is Not Damaged
When Del Monte Foods received in excess of 5,000 complaints from consumers who encountered difficulties opening the pull-tabs on Del Monte’s line of fruit cup products, it turned to the manufacturer of the defective cans, Silgan Container Corporation ("Silgan").
United States
8 Apr 2010
Congressional Bills Attempt to Level the Playing Field Between Domestic and Foreign Manufacturers
On August 6, 2009, Sen. Sheldon Whitehouse (D-R.I.), introduced the Foreign Manufacturers Legal Accountability Act of 2009 (S. 1606) in the Senate and on February 24, 2010, Rep. Betty Sutton (D-Ohio) introduced the Foreign Manufacturers Legal Accountability Act of 2010 (H.R. 4678) in the House.
United States
6 Apr 2010
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