Richard H. Rubenstein

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Richard H. Rubenstein principally practices in the area of product liability defense, with a focus on gray market products originating from Japan. He also has experience in the prosecution of trademark infringement actions.

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Firm/Organization: Wilson, Elser, Moskowitz, Edelman & Dicker LLP
Blogs: Product Liability Advocate

Latest Articles

In products liability litigation, the question of whether a product was defectively designed because the manufacturer decided to make certain safety equipment “optional” instead of “standard” is an issue that arises often in cases involving heavy equipment and machinery or commercial vehicles.…
Previously on this blog, Wilson Elser attorneys have written several posts about 3D printing technology and the law. We have predicted that this new technology has the potential to change the landscape of product liability law. This is happening, and especially so with respect to implantable medical devices, which are revolutionizing the health care industry with their unlimited potential for customization. While there are still no published opinions for product liability cases involving 3D printed…
Fasolas v. Bobcat of New York Appellate Division (April 1, 2017) A typical argument made by the plaintiffs and their experts in a design defect/ product liability case is that “Safety should never be an option.” Over the years, however, New York courts have recognized that optional safety features are perfectly appropriate under the right circumstances. If a safety feature is disadvantageous under certain conditions of use and the product can be safely used without…
Alabama Supreme Court Rejects “Good Samaritan” Liability in Gray Market Case Last month, I wrote about the “Good Samaritan” rule, codified in Restatement (Second) of Torts, section 324A, “Liability to Third Persons for Performance of Undertaking.” In that post, I discussed how plaintiffs have tried to impose liability on manufacturers and distributors of products based on a company’s post-sale efforts to recall, retrofit or warn about a hazard. In special situations, plaintiffs have…
Every first-year law student can recite the “Good Samaritan” rule: The ordinary bystander has no legal duty to rescue a drowning person, but if you voluntarily undertake the duty to rescue her, you must not be negligent in your efforts. This rule also has applications in the products liability arena where a defendant implements post-sale corrective measures. In those situations – where the defendant implements a recall or a retrofit of its product and/or issues…