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Documents on products liability
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|If Your Home Can’t Move, It’s Not a “Consumer Product” under the Magnuson-Moss Warranty Act|
Diana M. Comes; Butler Snow LLP;
November 28, 2014, previously published on November 6, 2014In Bennett v. CMH Homes, Inc., No, 13-5423, — F.3d — (6th Cir. Oct. 30, 2014), the Sixth Circuit ruled that a manufactured home is not a “consumer product” under the federal Magnusen-Moss Warranty Act. Plaintiffs Dan and Karen Bennett purchased a 2180-foot triple-wide...
|Pennsylvania Supreme Court Overrules Azzarello But Declines Opportunity To Adopt Restatement Third of Torts|
Michael D. Brophy, Matthew R. Shindell, Sean T. Stadelman; Goldberg Segalla LLP;
November 27, 2014, previously published on November 24, 2014On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc. Having originally granted allowance of appeal to decide whether to replace the strict liability analysis of Section 402A of the Restatement Second, Pennsylvania’s highest...
|Defending Your Client In A Workplace Accident? Don’t Forget Your Workers’ Compensation Colleagues!|
James Gilroy; Goldberg Segalla LLP;
November 27, 2014, previously published on November 11, 2014Accidents or injuries involving alleged dangerous products often occur in the workplace. It is basic tort law that an employee on duty is barred from bringing suit against his employer by operation of the Workers’ Compensation Law, provided the employer maintained Workers’ Compensation...
|What’s in Your Breakfast Sanwich? The Eighth Circuit Weighs in on Accidental Product Contamination Policies and Voluntary Product Recalls|
Michael S. Saltzman, Joel J. Terragnoli; Goldberg Segalla LLP;
November 26, 2014, previously published on November 26, 2014In Hot Stuff Foods, LLC v. Houston Casualty Co., 2014 U.S. App. LEXIS 21727 (8th Cir. Nov. 17, 2014), the Eighth Circuit Court of Appeals reversed and remanded a lower court decision holding that a food company’s voluntary recall was covered under an ‘accidental product...
|ITC Institutes Investigation (337-TA-936) Regarding Certain Footwear Products|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 22, 2014, previously published on November 14, 2014On November 12, 2014, the U.S. International trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Footwear Products (Inv. No. 337-TA-936).
|Transforming the China Automotive Industry - Finding a Path Forward|
Mark A. Aiello, Steven H. Hilfinger, Selig D. Sacks; Foley Lardner LLP;
November 14, 2014, previously published on November 6, 2014The Global Automotive Forum 2014 was held in Wuhan, China October 16-17. This was the fifth annual convening of the event by the China Council for the Promotion of International Trade (CCPIT), the last two of which have been held in Wuhan. The official title of the program was “The Vision for...
|US Court of Appeals Confirms that Expert Testimony Must Offer Scientific Proof, Not Hypotheses, on Causation|
Carl J. Summers; Mayer Brown LLP;
November 14, 2014, previously published on October 30, 2014In a recent decision, the US Court of Appeals for the Eleventh Circuit affirmed summary judgment for a defendant based on the trial judge’s exclusion of expert testimony opining that a calcium-zinc compound in Fixodent denture adhesive caused the plaintiff’s neurological disorder. The...
|Failure-to-Update Claims Against Generic Manufacturers Remain Viable|
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
November 12, 2014, previously published on October 16, 2014In Franzman v. Wyeth, Inc., et al., case number ED100312, the Missouri Court of Appeals for the Eastern District recently reversed the trial court’s judgment in favor of the manufacturers of the generic form of Reglan (the “Generic Defendants”) on the portion of Franzman’s...
|Stop Product Liability Claims Now!|
Jeffrey A. Soble; Foley & Lardner LLP;
November 12, 2014, previously published on October 27, 2014More and more recalls mean more and more product liability claims. Even without recalls, for companies in the Automotive Industry product liability claims are a way of life. So, what do you do to prevent such claims? Knowing that they are inevitable, what do you do to make sure that their impact is...
|Here Comes the Sun...|
Thomas M. DeMicco; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 10, 2014, previously published on November 3, 2014House fires have always been a major source of product liability litigation in the United States. Hundreds of thousands of house fires occur each year, resulting in billions of dollars in insurance claims. According to the National Fire Protection Association, there were 487,500 structure fires in...