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Documents on Products Liability
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|Virginia's Motor Vehicle Warranty Enforcement Act|
Glenn Feldmann Darby Goodlatte;
June 17, 2013Virginia’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;
June 14, 2013, previously published on Spring 2013In 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;
June 12, 2013, previously published on June 7, 2013The 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.;
June 5, 2013, previously published on June 03, 2013The 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;
May 27, 2013, previously published on May 23, 2013For 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;
May 17, 2013, previously published on May 2013Plaintiff, 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.;
May 17, 2013, previously published on Fall 2012How 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.;
May 17, 2013, previously published on May 16, 2013On 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;
May 13, 2013, previously published on May 8, 2013Can 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,  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;
May 10, 2013, previously published on May 9, 2013In 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.