With the urgent need for more ventilators in the past few months due to the COVID-19 pandemic, we have seen the U.S. Automakers answer our country’s call for help by shifting their focus from manufacturing vehicles to manufacturing ventilators.
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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New York’s Governor Ends Year with Three Important Legislative Vetoes
In a flurry of year-end activity, New York’s Governor Andrew Cuomo issued a series of legislative vetoes – at least three of which should be of interest to our readers.…
New York Legislature Declines to Expand Wrongful Death Damages
Under the title “New York May Soon Increase Recoverable Wrongful Death Damages,” we wrote recently about efforts within the New York State Legislature to significantly add to the types of damages that could be awarded in wrongful death…
NY State May Soon Increase Recoverable Wrongful Death Damages
Two bills currently wending their way through the New York State Assembly and Senate, if enacted, would significantly increase the nature and amount of damages that could be awarded to plaintiffs in wrongful death actions filed in New York.…
The Daubert Standard Once Again Controls in Florida State Court
In a sudden reversal and after more than more than five years of uncertainty, on May 23, 2019, the Supreme Court of Florida ruled that Daubert – not Frye – now governs the admissibility of expert testimony in Florida. See…
The NY Court of Appeals Addresses “Optional Safety Equipment” in Fasolas v. Bobcat of N.Y., Inc.
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…
Internet-of-Things Security Standards: Will States Follow California’s Lead or Look Across the Pond for Further Guidance?
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.…
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
…
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.…
