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Product Defects

Husch Blackwell LLP

Guns, Liability, and the Law: Why the Gustafson Decision Matters

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The Protection of Lawful Commerce in Arms Act (PLCAA) has long been a cornerstone of protection for firearms manufacturers and sellers, shielding them from liability when their products are misused in crimes. But recent...more

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

Foley & Lardner LLP

Supreme Court Ends Circuit Split with Ruling That Plaintiffs Can Seek RICO Damages for Certain Personal Injury Claims

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Resolving a deep split among federal circuit courts, the U.S. Supreme Court has broadened plaintiffs’ ability to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO) for economic loss stemming from personal...more

Searcy Denney Scarola Barnhart & Shipley

Seeking a Depo-Provera Settlement: What Patients and Families Need to Know

The costs of an intracranial meningioma diagnosis can be substantial. Not only can this diagnosis lead to a lifetime of medical bills and other costs, but it can drastically reduce patients’ quality of life as well....more

Goldberg Segalla

Florida Jury Awards Plaintiff $18 Million in Asbestos Case against Brake Grinding Manufacturer

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Court: Florida – 17th Judicial Circuit Court - Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and household exposure from...more

Searcy Denney Scarola Barnhart & Shipley

10 Important Facts About Filing a Depo-Provera Lawsuit

If you have questions about filing a Depo-Provera lawsuit, you are not alone. As awareness of the link between Depo-Provera and intracranial meningioma continues to grow, we are continuing to hear from more women and family...more

Searcy Denney Scarola Barnhart & Shipley

FDA Recalls: How to Stay Informed About Unsafe Products

Unsafe product recalls are alarmingly common. While all companies have a legal obligation to ensure that their products are safe for use or consumption, companies fail to meet this obligation far too often. In many cases,...more

Husch Blackwell LLP

Another Bite at the Apple: Court Tosses Defense Verdict in Infant Formula Litigation

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In December 2024, we reported on a City of St. Louis, Missouri jury verdict in favor of baby formula manufacturers in a lawsuit claiming their specialized infant formulas for premature babies caused an infant to develop...more

White and Williams LLP

A Matter of Circumstance: New York Court Finds Circumstantial Evidence Enough

In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera Litigation Update: Women With Meningioma Brain Tumors Eligible for Compensation

A March 2024 study published by The BMJ revealed that women who were injected with Depo-Provera (medroxyprogesterone acetate) are more than five times more likely to be diagnosed with a type of brain tumor known as...more

Miles Mediation & Arbitration

Mass Tort Cases: Challenges for Plaintiff’s and Defense Counsel

Mass tort cases present unique challenges for both plaintiff’s and defense counsel. Unlike a class-action case, where a representative plaintiff stands in for the other members of the class, each plaintiff in a mass tort case...more

Morris James LLP

Depo-Provera Litigation Update: What Comes Next in the Legal Process?

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The recent decision by the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate Depo-Provera lawsuits into MDL No. 3140 in the Northern District of Florida marks a critical step forward for individuals who...more

Proskauer Rose LLP

Three Point Shot - March 2025

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Paddle Manufacturer in a Pickle: First Game to Plaintiffs in Consumer Protection Suit over Allegedly Mislabeled Pickleball Paddles - Sport Squad, Inc. (“Sport Squad”), a pickleball paddle manufacturer, has found itself in...more

McGlinchey Stafford

Ohio Court Navigates the Complexities of Lemon Law Claims

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Lemon law claims present enormous issues of fact, involving questions such as “When does a vehicle issue rise to the level of a nonconformity?” “Should all repairs be considered under a claim if they are for different...more

Melito & Adolfsen

“Taking the Suddenness Out of Accident”

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Can AI or Chat GBT write poetry, perhaps by accident. But an insurance underwriter came up with the phrase: “Taking the suddenness out of accident.” Now that’s poetry. The poet was describing the “occurrence” definition in an...more

Goldberg Segalla

Jury Returns Verdict for American Honda in Asbestos Brakes Case

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Jurisdiction: Calif. Super., Los Angeles Co. - Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was...more

McGuireWoods LLP

State Court Rejection of Federal Preemption in Product Liability Claim Highlights Uncertainty for Manufacturers

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On Feb. 11, 2025, the Missouri Court of Appeals for the Eastern District in Durnell v. Monsanto Co., upheld a jury verdict awarding $1.25 million in compensatory damages to plaintiff John Durnell from defendant Monsanto Co....more

Searcy Denney Scarola Barnhart & Shipley

Golf Carts and Car Accidents: Navigating Liability in Florida’s Retirement Communities

If you use a golf cart to get around your retirement community, you aren’t alone. Golf carts have been popular in retirement communities for decades, and they have become even more popular in recent years. If you’ve been...more

Foley Hoag LLP

Product Liability Update - February 2025

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Nutter McClennen & Fish LLP

Product Liability 2024 Year in Review

Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Searcy Denney Scarola Barnhart & Shipley

Choosing the Right Lawyer for Your Mass Tort Case

If you are entitled to just compensation for injuries caused by a defective medical device or another dangerous or defective product, you may be able to join an existing mass tort case. This is not the same as joining a class...more

Morris James LLP

Big Pharma Fails to Warn Women About Risks of Birth Control Injection

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For decades, women have trusted Depo-Provera, a birth control injection manufactured by Pfizer, as a convenient and effective contraceptive option. However, recent research has uncovered alarming health risks associated with...more

Hogan Lovells

The CJEU reinforces the liability of the distributor in claims for damages for defective products

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The Court of Justice of the European Union (CJEU) reinforces the liability of the distributor in claims for damages caused by defective products in cases of identity between the name of the distributor and the brand it...more

Gardner Law

Product Liability Prevention: A Proactive Approach for FDA-Regulated Industries

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Medical device, drug, food, cosmetic, and other FDA-regulated product manufacturers face the constant threat of product liability lawsuits. Claims of injuries from allegedly defective products can lead to significant...more

Morrison & Foerster LLP

CPSC Warns Consumers to Stop Using Sport Nets

On December 19, 2024, the Consumer Product Safety Commission (CPSC) unilaterally issued a warning to consumers to stop using Sport Nets 4’ x 8’ portable soccer goals. According to CPSC, an exposed metal tip at the top of the...more

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