Internet-of-Things Security Standards: Will States Follow California’s Lead or Look Across the Pond for Further Guidance?
Wilson, Elser, Moskowitz, Edelman & Dicker LLP Blogs
Latest from Wilson, Elser, Moskowitz, Edelman & Dicker LLP
As Electric Scooters Barrel Their Way into the Sharing Economy, Manufacturers and Their Insurers Should Prepare for an Influx of New Claims
Electric scooters and the shared economy
If you have spent any time in Los Angeles or New York City recently, you may have noticed adults riding two-wheeled electric scooters − the type we are more accustomed to seeing kids ride. These scooters are the latest transportation tools in the ever-evolving sharing economy.…
What’s up on Prop 65 three months after new regulations?
By now, followers of California’s Proposition 65 are well aware of the August 30, 2018, changes. In a nutshell, they are:
Changes to warnings that require inclusion of a specific chemical and potential harmful result of either cancer and/or birth defect
Required website warnings
Mandatory pictograph and required font size
The burden is shifted from retailers to manufacturers
Annual renewal and review.…
You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation
Physicians typically recall, with stunning clarity, the moment a patient’s treatment went wrong. Following an adverse event, physicians often are tormented by competing desires to apologize and instincts to forge ahead without acknowledgement. A patient’s decision to file a malpractice action may be triggered by the physician’s response to a problem − or lack thereof.
The Washington Post highlighted contrasting tales of medical errors in which two patients suffered devastating consequences during surgery. Frustrated by…
Frye Is Now, and Once Again, the Standard for Expert Opinion Admissibility in Florida
After more than five years of uncertainty, the Florida Supreme Court’s opinion in DeLisle v. Crane finally settled the debate over the standard for determining the admissibility of expert witness testimony in Florida state courts. Case No. SC16-2182 (Fla. Oct. 15, 2018). In a narrow 4-3 decision, the court rejected Daubert and adopted Frye. The outcome should come as no surprise. In 2017, in a rarely exercised move, the Florida Supreme Court declined to adopt…
The Motion for Partial Summary Judgment: The Litigator’s Often Forgotten Tool
The discovery phase in your products liability lawsuit has been completed and it’s time to decide the next course of action before proceeding to trial. One possibility, of course, is to move for summary judgment to knock out the entire case pending against your client. However, you have concluded that, despite the strengths of your case, there are enough “issues of fact” to make the exercise probably useless.
Have you considered instead a Motion for…
Recovery for Medical Expenses When a Plaintiff with Medical Insurance Opts to Treat on a Lien Basis
One of the items an insurance adjuster will look at when valuing a product liability claim is to see how much the plaintiff incurred in medical expenses and medical bills after the accident. Naturally, if the injuries sustained by the plaintiff are truly “serious,” it is reasonable to expect that there will be a sizeable claim for reimbursement for the plaintiff’s medical expenses. Plaintiffs’ attorneys are aware of this and as a result will typically…
Never-Ending Liability Under Novartis
The Evolution of Innovator Liability for Pharmaceutical Manufacturers
Brand-name drug manufacturers are not unfamiliar with the concept of Innovator Liability, under which they can be held liable for injuries caused by a product they did not make. In other words, Innovator Liability holds a manufacturer liable by virtue of being an innovator.
Innovator Liability, usually brought under a failure to warn theory, can be traced back to a 2008 California case, Conte v. Wyeth, Inc.,…
Listeria Hysteria
Recently, there have been several food warnings and recalls based on confirmed or suspected Listeria contamination. Some recent culprits have been smoked salmon, turnip sticks, pre-made sandwiches, ice cream bars, cream cheese, green beans, and frozen meatballs. Fresh, raw, and unpasteurized products are especially susceptible to Listeria contamination.…
CPSC Takes a Dip in the IoT Regulatory Pool
The U.S. Consumer Product Safety Commission (CPSC) announced on March 27 its plan to hold a public hearing on May 16 “to receive information from all interested parties about the potential safety issues and hazards associated with internet-connected consumer products,” commonly known as the Internet of Things (IoT).…