As product liability defense counsel, we of course stay up to date on significant court decisions dealing with the defense of Personal Jurisdiction. In cases where we are representing a corporation that was not sued in its home state (i.e.,
Product Liability Advocate
The Product Liability Advocate blog, published by Wilson, Elser, Moskowitz, Edelman & Dicker LLP, focuses on legal developments and issues related to product liability law. It covers topics such as personal jurisdiction in product liability cases, legislative changes affecting wrongful death damages, emerging risks in cannabis and hemp product liability, international service of process challenges, and insurance disclosure requirements in product liability litigation. The blog addresses both litigation strategies and regulatory impacts, providing insights into evolving legal standards and risk management practices relevant to manufacturers, insurers, and legal practitioners involved in product liability matters.
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Litigation Funding May Soon Be Addressed by New York’s Legislature
By Russ Vignali
Hardly a week goes by that I don’t receive an email or other solicitation from a third-party Litigation Funding company about whether my clients would be interested in putting together a deal. I suspect I am not alone and many…
Third Circuit Sends Questions Regarding Medical Device Liability to Pennsylvania Supreme Court for Review
In Ebert v. C.R. Bard, the United States Court of Appeals for the Third Circuit determined that Pennsylvania state law is unclear on two issues of medical device liability, and sent the issues to the Pennsylvania Supreme Court for…
Despite Tincher, Pennsylvania Superior Court Determines “Industry Standards” Is Still Not a Viable Defense to Product Liability Claims
In a product liability case where a manufacturer is defending a claim that a product it designed was defective and the cause of a plaintiff’s injury, the manufacturer may attempt to introduce evidence at trial showing its product was manufactured…
The SCOTUS Decision in Ford v. Montana and Its Impact on the Defense of Life Science Companies
The SCOTUS decision in Ford Motor Company v. Montana Eighth Judicial District Court[1] is a decision that we believe will alter the legal landscape in the defense of product liability matters with respect to the personal jurisdiction defense. We…
SCOTUS Slams the Brakes on Ford’s Personal Jurisdiction Defense
On March 25, 2021, the United States Supreme Court issued its latest decision on personal jurisdiction in the context of two product liability lawsuits involving Ford Motor Company in the matter of Ford Motor Company v. Montana Eighth Judicial District…
New Rules Bring Big Changes to New York Practice
By Russ Vignali
Acting within the context of the COVID-19 pandemic’s unique opportunity for permanent reform, the Administrative Board of Courts in New York, through the state’s Chief Administrative Judge Larry Marks and his Order of December 29, 2020, enacted new Uniform Rules…
Reinforcing Purposeful Availment
Can a state court assert personal jurisdiction over a foreign component part manufacturer if the part was manufactured and sold overseas, but the manufacturer knew it was intended for use in a consumer product sold in the United States? This…
The Law of Personal Jurisdiction Is About to Be Changed Again – What Life Science Companies Should Expect
By Jianlin Song
The concept of personal jurisdiction refers to a court’s authority to order a defendant to answer legal claims filed in a particular state. “Lack of personal jurisdiction” is a powerful defense that will not only get the defendant out of…
New York Finally Passes Legislation Regulating the Use of E-Bicycles and E-Scooters
By Russ Vignali
Back in January, we reported New York Governor Andrew Cuomo’s veto of legislation that would have amended the state’s Vehicle and Traffic Law to define and legalize the statewide use of electric scooters and electric bicycles.…