News & Analysis as of

Evidence › Design Defects

Faegre Drinker Biddle & Reath LLP

Expert’s Results-Driven Methodology Leads to Exclusion and Summary Judgment in Paraquat MDL

Faegre Drinker Biddle & Reath LLP on

An expert witness is not supposed to pick a desired result and then reverse engineer inputs and methods that reach that result. As the Ninth Circuit observed 30 years ago, “[c]oming to a firm conclusion first and then doing...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Stays in a Minority of Two States in Prohibiting Evidence of Compliance With Government and Industry Standards in...

Faegre Drinker Biddle & Reath LLP on

Just before Christmas, the Pennsylvania Supreme Court delivered a lump of coal to products liability defendants: Sullivan v. Werner Co., 2023 WL 8859656 (Pa. Dec. 22, 2023), affirming a lower court ruling that barred evidence...more

Faegre Drinker Biddle & Reath LLP

Experts Who Cannot Articulate a Standard Cannot Opine that a Defendant Failed to Meet the Standard

Faegre Drinker Biddle & Reath LLP on

If you don’t know where a line is, you can’t say whether someone has crossed it. That principle applies in spades to expert witnesses, particularly when their role in the case calls on them to help the jury understand where...more

Faegre Drinker Biddle & Reath LLP

Ipse Dixit – It’s Not Just for Analytical Gaps Anymore

Faegre Drinker Biddle & Reath LLP on

There are few legal phrases more fun to say than “ipse dixit.” The phrase is most commonly used in motions to exclude experts who base their opinions on nothing more than their own say so...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Confirms That Alleged Defect in “Simple” Component of More Complex System Must Be Proven by Expert Testimony When...

Faegre Drinker Biddle & Reath LLP on

A plaintiff who alleges that a product is defective usually has to offer expert testimony in support of that allegation. This should come as no surprise for complex products – if it took a team of scientists and engineers to...more

Faegre Drinker Biddle & Reath LLP

Plaintiff Shoots an Airball Against Nike in Design Defect Case

Faegre Drinker Biddle & Reath LLP on

ase In the wake of March Madness, it is only appropriate to call attention to an opinion laced with pithy basketball puns. In Nachimovsky v. Nike, Inc. et al., 2022 WL 943421 (E.D.N.Y. Mar. 29, 2022), Plaintiff injured his...more

Faegre Drinker Biddle & Reath LLP

Treating Physician’s Informed Consent Process and Decision-Making in Device Selection Lead to Partial Summary Judgment for Device...

Faegre Drinker Biddle & Reath LLP on

A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more

Faegre Drinker Biddle & Reath LLP

Northern District of California Excludes Expert Testimony and Grants Summary Judgment in Abilify Case

Faegre Drinker Biddle & Reath LLP on

Applying basic scientific principles to exclude an expert’s unfounded and unsupported opinions, the U.S. District Court for the Northern District of California has granted summary judgment to the maker of the antipsychotic...more

White and Williams LLP

California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product...

White and Williams LLP on

In Kim v. Toyota Motor Corp., 6 Cal.5th 21 (Cal. 2018), the Supreme Court of California considered whether the trial court properly allowed the defendant to introduce evidence of industry custom and practice in defense of a...more

Troutman Pepper

Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May...

Troutman Pepper on

Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) - Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures on...more

Rumberger | Kirk

RKC Attorneys Win Defense Verdict For Louisville Ladder

Rumberger | Kirk on

Jury returns defense verdict in 18 minutes! Scott M. Sarason and Jens C. Ruiz of Rumberger, Kirk & Caldwell won a defense verdict on behalf of Louisville Ladder, Inc. on April 24, 2018, in a product liability case in the...more

Snell & Wilmer

Snell & Wilmer Defends Yamaha Rhino in Nevada Trial

Snell & Wilmer on

Snell & Wilmer attorneys Dan Rodman and Morgan Petrelli recently represented Yamaha Motor Corporation, U.S.A. in the trial of a 2006 Yamaha Rhino rollover lawsuit in the Eighth Judicial District Court of Nevada (Case No....more

Sands Anderson PC

Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

Sands Anderson PC on

In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim....more

Nexsen Pruet, PLLC

The Exclusion of Other Incident Evidence in Product Liability Litigation

Nexsen Pruet, PLLC on

A crucial issue in the successful defense of a product liability case is the exclusion of other incidents and accidents involving products of the manufacturer. In old school parlance, prior incidents were often referred to...more

Dechert LLP

Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test

Dechert LLP on

Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed students was how to define "defect." The panoply of tests for defective or...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide