Topic
design defect
142 published works
Expert Institute Insights
Zantac MDL Judge Finds Preemption for Economic Injury, Design Defect Claims
In early January 2021, U.S. District Court Judge Robin Rosenberg moved to dismiss economic damages and design defect claims against major drugmakers in the ongoing Zantac multidistrict litigation. Judge Rosenburg…
Drug & Device Law
Design Claims Fail Under Consumer Expectations Test With An Adequate Warning
Plaintiffs tend to assert a bunch of different claims. For prescription medical device cases, setting aside preemption, our experience is that plaintiffs do best—that is, avoid summary judgment and directed…
Drug & Device Law
D.N.J. Dismisses Orthopedic Screw&Plate Case/We Dole Out Top Ten Entertainments That Helped Us (Temporarily) Forget COVID
We refuse to end the year on a bad note, so we’ll talk about a case that’s good - not good enough to make tomorrow’s top-ten list, but good enough…
Drug & Device Law
Florida Appellate Court Rejects Consumer Expectations Test for Design Defect Claims in Medical Device Cases
There was an awful lot for defense counsel to contend with in Cavanaugh v. Stryker Corp., 2020 WL 5937405 (Fl. Dist. Ct. App., 4th Dist. Oct. 7, 2020). The patient…
Mass Tort Defense
Product Defect Assessed at Time of Sale
By Sean Wajert
A recent Fifth Circuit case reminds us of the interplay, in a diversity setting, of federal and state law. In Jordan v. Maxfield & Oberton Holdings, L.L.C., No. 19-60364, 2020…
Drug & Device Law
Maryland Court Leaves Design Defect as Sole Surviving Claim
This blogger took last week off – from everything except some sand, the ocean, and drinks with little umbrellas. And books! Books set in the post-Civil War era (The Book…
Zalma on Insurance
A Video Explaining Defective Design and Construction Defect Litigation
By Barry Zalma
Defective Design See the full video at https://youtu.be/OhgbXFsfwKc In order to sustain a claim for defective design, plaintiffs must first establish a prima facie case. Two essential elements of a…
HeplerBroom Blog
Products Liability Claims and Motions for Summary Judgment
A product liability claim can survive a motion for summary judgment under three theories. For a plaintiff’s product liability negligence claim to proceed, the plaintiff must: (1) allege the product…
Tort Talk
Plaintiff Required to Prove Design Defect in Design Defect Case
In the case of Pennsylvania Nat’l Mut. Ins. Co. v. Sam’s East, Inc., PICS No. 20-0472 (C.P. Dauphin Co. April 13, 2020 Cherry, J.), the court granted a Defendant’s Motion…
TortsProf Blog
Twerski on the Quieting of Products Liability Law
Aaron Twerski has posted to SSRN An Essay on the Quieting of Products Liability Law. The abstract provides:For several decades, courts and commentators have disagreed as to whether the standard for…