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.…
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…