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.…
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.…
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 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…
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…
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.,…
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).…
On March 16, 2018, Massachusetts’s highest court , the Supreme Judicial Court, issued a ruling that we believe will increase the product liability risk exposure for pharmaceutical manufacturers in the state. In the case of Rafferty v. Merck & Co., SJC-12347 (March 16, 2018), the Supreme Judicial Court held that a user of a generic drug may not bring a simple negligence claim against the brand-name manufacturer for failure to warn, but the user…