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Search Results (1217) Documents on Products Liability Show: results per page Sort by:  | Virginia's Motor Vehicle Warranty Enforcement Act
Glenn Feldmann Darby Goodlatte;
Legal Alert/Article June 17, 2013 Virginia’s Motor Vehicle Warranty Enforcement Act set forth in Virginia Code § 59.1-207.9, et. seq. is also known as Virginia’s Motor Vehicle Lemon Law. This law covers new motor vehicles defined as only passenger cars, pickup or panel trucks, motorcycles, self-propelled motorized...
|  | While Florida Limits the Economic Loss Rule, Potential Liability Keeps Growing
Robert D. Helfand; Jorden Burt LLP;
Legal Alert/Article June 14, 2013, previously published on Spring 2013 In March 2013, in what a dissenting opinion called a “dramatic unsettling of Florida law,” the Supreme Court of Florida abolished the “economic loss rule” for all cases not based on product liability. The rule prohibited tort actions that sought to recover purely economic...
| | Clarification of the Economic Loss Rule May Greatly Expand Tort Claims in Construction Litigation
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article June 12, 2013, previously published on June 7, 2013 The economic loss rule is a judicially-created doctrine that sets forth the circumstances under which a tort action is prohibited if the only damages suffered are economic losses. Economic losses involve injury to a financial or business interest as distinguished from losses involving personal...
| | The Medical Device Amendments of 1976: The Statute That Went Awry
Jeffrey K. Shapiro; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article June 5, 2013, previously published on June 03, 2013 The Medical Device Amendments of 1976 (“MDA”), Pub. L. No. 94-295, 90 Stat. 539 (1976), are commonly described as the beginning of the modern era of device regulation. In one sense, this description is absolutely correct. The MDA established for the first time a comprehensive scheme for...
| | Florida's Statutes of Limitation Apply To Arbitration
Jeremy M. Colvin, Raquel A. Rodriguez; McDonald Hopkins LLC;
Legal Alert/Article May 27, 2013, previously published on May 23, 2013 For the second time in as many months, the Supreme Court of Florida has handed down an important opinion of broad application to Florida’s business community. In the wake of restricting the economic loss rule to only products liability cases in Tiara Condominium Association, Inc. v. Marsh...
| | Complaint Dismissed For Failing To Serve Process Within 120 Days Of Filing Of Action
Kevin M. Cox; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article May 17, 2013, previously published on May 2013 Plaintiff, Alena Rusnakova, brought this products liability action against Defendant World Kitchen, LLC, alleging that on November 11, 2008, she suffered injuries resulting from design and manufacturing defects in a dish that she bought from Defendant. Pending before the Court was Defendant’s...
| | What Is a Product Liability Lawyer?
The Law Office of Kevin P. Landry P.C.;
Legal Alert/Article May 17, 2013, previously published on Fall 2012 How to Find a Rhode Island Product Liability Lawyers or Massachusetts Defective Product Attorneys
| | Third Circuit Holds that the FDC Act Preempts Class Action Regarding Absence of Trans Fat and Cholesterol Reducing Effect
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article May 17, 2013, previously published on May 16, 2013 On May 9, 2013, the U.S. Court of Appeals for the Third Circuit affirmed a District Court’s decision that a state law class action concerning claims regarding the absence of trans fat and cholesterol lowering effect was preempted.
| | The Second Opinion: Legal Causation and the Duty to Warn
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article May 13, 2013, previously published on May 8, 2013 Can a defendant be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second undisclosed risk that, unlike the first, would not have influenced the plaintiff if disclosed? In Wallace v. Kam, [2013] HCA 19, released today, the High...
| | Florida Poised to Scrap Frye and become a Daubert Jurisdiction
Christopher D. Brown, Rodney Janis, Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article May 10, 2013, previously published on May 9, 2013 In cases involving scientific or novel evidence, defendants have long been at a disadvantage in Florida due to its very liberal application of the Frye standard. It appears this is about to change.
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