Topic
Product Defect
59 published works
Product Liability & Mass Torts Blog
Trial Victory for Dorel Juvenile Group, Inc.
On November 10, 2015, a Charleston, West Virginia jury returned a unanimous verdict for defendant Dorel Juvenile Group, Inc., finding the company’s High Rise booster seat to be neither defective…
Drug & Device Law
Wyoming Federal Court Dismisses Hip Case for Lack of Defect
"And what is so rare as a day in June?" How about a drug and device law opinion out of Wyoming? We do not often get the chance to discuss…
Consumer products law blog
Ninth Circuit says manifestation of a defect does not matter at the pleading stage
Last month, the Ninth Circuit held that a district court in the Western District of Washington erred by striking class allegations from a complaint because a product defect did not…
Drug & Device Law
Halloween and Broken Devices Don’t Make a Defect
San Francisco has become a sea of orange and black. As we post this missive, hundreds of thousands of Giants fans are flooding into the city for the third World…
Drug & Device Law
Mid-Summer Aredia-Zometa Doings
We stand at the midpoint of our journey around the Sun. 182 days precede us this year, and 182 remain before 2013 concludes. July 2 is a big day historically, and not…
Mass Tort Defense
Class Certification Denied in Auto Case
By Sean Wajert
A federal court has declined to certify a proposed class of Ford Focus drivers who allege a suspension defect in their cars. Daniel v. Ford Motor Co.,
Class Defense Blog
Can a Product-Liability Class that Is Full of Uninjured Members Be Certified?
By Jeffrey Sarles, Kevin Ranlett
The answer is a resounding “no,” says Judge Cormac Carney of the Central District of California in a recent significant decision in litigation over the third generation Toyota Prius and…
Class Action Lawsuit Defense
Third Circuit Vacates Certification in Run-Flat Tires Case
In a case that illustrates the growing trend in class certification law to rigorously evaluate a plaintiff’s contentions that he or she meets the Rule 23 class certification criteria, the…
Drug & Device Law
Still Standing
By Bexis
About a year ago we reported on the dismissal of what we characterized as a “really bogus” attempted class action in In re McNeil Consumer Healthcare Marketing & Sales Practices…
Louisiana Law Blog
Eleventh Circuit Finds No Inference of a Product Defect Under Florida Law When the Product Was Saved and Available for Inspection
In Cannioto vs. Louisville Ladder, Inc., Civil Action No.: 09-1892 TBM (M.D. Fla. 2011), the plaintiff was severely injured when he fell off of a 24 foot aluminum extension ladder…