Manufacturers, Product Defects, Class Action

The Role of the FDA in the Exactech Recall: A Critical Analysis

Searcy Denney Scarola Barnhart & Shipley on 7/1/2024

Exactech has issued multiple recalls for its implantable joint replacement devices over the past few years. While Exactech has largely issued these recalls voluntarily, it has done so at the request—and with the oversight—of...more

Lessons Learned from the Exactech Recall: How We Can Improve Medical Device Safety in the Future

Searcy Denney Scarola Barnhart & Shipley on 6/26/2024

In response to scrutiny from the U.S. Food and Drug Administration (FDA), Exactech has recalled hundreds of thousands of defective medical implant devices sold between 2004 and 2021. Despite these recalls—which began in...more

Alternatives to the Exactech: Exploring Other Surgical Tools and Techniques

Searcy Denney Scarola Barnhart & Shipley on 4/2/2024

Over the past couple of decades, hundreds of thousands of patients in the United States have received defective medical implants manufactured by Exactech. While the U.S. Food and Drug Administration (FDA) has identified...more

Eighth Circuit reverses dismissal of putative class claims on ground that puffery does not apply to allegations of concealment

Kilpatrick on 1/31/2023

Takeaway: The Eastern District of Missouri granted General Motors’ motion to dismiss a putative class action alleging deceptive omission of oil consumption problems with certain GMC and Chevy trucks, agreeing that the...more

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

Faegre Drinker Biddle & Reath LLP on 6/20/2022

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

Using Contracts to Avoid Problematic Jurisdictions and Unfavorable Law

McGuireWoods LLP on 5/25/2021

For far too long, companies facing consumer and product liability litigation have relied solely on personal jurisdiction doctrine to try avoiding unfavorable forums applying unfavorable law. Personal jurisdiction doctrine,...more

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

Nilan Johnson Lewis PA on 1/15/2020

The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Spilman Thomas & Battle, PLLC on 7/2/2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely...

White and Williams LLP on 1/11/2019

In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right...more

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