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Documents on products liability
 

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HTMLHow You Say It Makes a Difference - California False Advertising Claims Attacking "No Trans Fat" Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments
Robert S. Niemann; Keller and Heckman LLP;
Legal Alert/Article
April 27, 2015, previously published on March 24, 2015
The United States Court of Appeals for the Ninth Circuit held, in relevant part, that a consumer states a valid claim for false advertising when a company claims "No Trans Fats" for a product which has less than 0.5 grams of trans fats per serving (but more than 0 grams) even though Food...

 

HTMLThe Post-Tincher Landscape: Court Applies the Risk-Utility Test to Deny the Defendants' Motion for Summary Judgment
David Salazar; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 1, 2015
The plaintiff brought this product liability action against a table saw manufacturer, a distributor and a retailer alleging, inter alia, that the design of the table saw he purchased was defective because it failed to incorporate flesh-detection technology. The defendants moved for summary judgment...

 

Adobe PDFFactoring in Recent Jurisprudence Regarding Estoppel Certificates
Daniel Everall; Aird Berlis LLP;
Legal Alert/Article
April 22, 2015, previously published on February 25, 2015
In the recent Ontario Court of Appeal decision, TFS RT Inc. v. Shoppers Drug Mart Inc. (“TFS v. Shoppers”), Lauwers J.A., et al clarified the requirements and scope of estoppel certificates and “hell or high water” clauses. Factors should take note of this decision and...

 

HTMLFDA Issues Guidance on Meetings between Agency and Sponsors to Promote Consistency and Effectiveness
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
April 22, 2015, previously published on March 2015
The agency is making recommendations on formal meetings about the development and review of drugs or biological products that fall under the regulation of the Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation and Research (CBER) in a bid to provide consistent...

 

Adobe PDFGingko, Roses, or Just Filler? The New York Attorney General's Attack on Supplements
Matthew J. Kelly, Matthew S. Tamasco, Saul Wilensky; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 21, 2015, previously published on February 2015
We all know that a rose by any other name would smell as sweet. But what if the roses you give to your sweetheart are actually painted daisies or thorns without flowers? Or worse, if they do not contain flowers at all but instead are made from lychee berries that most certainly would not smell...

 

Adobe PDFWin Some, Lose Some: Assumption of Risk Defense Fails for Sports Complex Owners; Claims Against Dome Seller Dismissed
Harris Neal Feldman, Matthew J. Kelly; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 20, 2015, previously published on February 2015
A plaintiff bringing product liability and premises liability claims against multiple defendants in an effort to cover all bases often leads to different legal defenses among classes of co-defendants and a scattered offense by plaintiff’s counsel and plaintiff’s liability expert. A...

 

Adobe PDFDrone Propellers Aren't the Only Things Buzzing as the FAA Releases Proposed Regulations for the Commercial Operation of Unmanned Aerial Systems
Robert J. Williams; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 20, 2015, previously published on February 2015
In a surprise move during Presidents’ Day weekend, the Federal Aviation Administration released long-awaited proposed regulations for the commercial operation of Unmanned Aerial Systems (UAS). The draft regulations prompted a collective sigh of relief by UAS advocates, as they are...

 

HTMLThe Internet of Things: The Inevitable Collision with Product Liability
H. Michael O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on February 2, 2015
The IoT - Internet of Things - is undergoing a rapid development that will continue to transform how we interact, conduct business and live our lives. The movement toward IoT’s ubiquitous application and use does not come without risk and, while some of the consequences can be easily...

 

HTMLE-Cigarettes: The Safer Alternative?
H. Michael O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on March 2, 2015
E-cigarettes have gained widespread popularity as an alternative to traditional tobacco cigarettes, with hundreds of millions of these devices expected to be imported into the United States in 2015. The majority of imported e-cigarettes are from China, where most of these devices are manufactured...

 

HTMLPennsylvania Product Liability Law Still Smoking after Reversal of Tincher
Jonathan Dryer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 16, 2015
On November 19, 2014, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex, Inc., No. 7 MAP 2013, a case closely followed by the Product Liability Bar in Pennsylvania. The Supreme Court’s decision was expected by many to resolve a lingering conflict in...

 


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