Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
Jurisdiction: Supreme Court of New York, New York County - Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories...more
The California Supreme Court granted review in Gilead Life Sciences v. Superior Court—a hopeful turn of events after lower courts issued decisions that resulted in an unprecedented expansion of negligence liability for...more
The Situation: The California Supreme Court recently granted review of a California Court of Appeal decision, Gilead Life Sciences, Inc. v. The Superior Court of the City and County of San Francisco, that made waves in the...more
Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies...more
Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta...more
Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear...more
Court: Supreme Court of New York, New York County - In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its...more
Court: Supreme Court of New York, New York County - In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP....more
Court: Supreme Court of New York, New York County - Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since...more
Superior Court of California, County of Los Angeles - In this asbestos action, defendant Rheem Manufacturing Company filed a motion for summary judgment, and alternatively summary adjudication, arguing that the...more
Jurisdiction: Supreme Court of New York, New York County - In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham,...more
Court: Court of Appeal of Florida, First District - The decedent, Joan Smith, died from mesothelioma allegedly caused by secondary exposure to asbestos through laundering her husband’s work clothing. From 1969 through...more
Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product? What about when the company wasn’t warned that packaging could contain anything potentially...more
The Pennsylvania Superior Court recently issued two decisions that present challenges to defendants in prevailing at summary judgment in asbestos cases....more
Does a supplier of a defective product have recourse against a manufacturer? Yes. By statute, Arkansas has created indemnification rights accruing in favor of product suppliers. When a supplier of a defective product is not...more
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
A developing line of cases across the nation may have large implications for medical device manufacturers defending against failure-to-warn claims. While a treating physician’s failure to read or rely on the manufacturer’s...more
United States District Court for the Eastern District of Louisiana, September 8, 2022 - Plaintiff Ora Jean Adams alleges she developed lung cancer from secondhand asbestos exposure from laundering the clothing of her...more
Supreme Court of New York, New York County, July 28, 2022 - In this asbestos action, decedent Roy Barbarino alleged exposure to asbestos from brake lining as a bus maintainer for the New York City Transit Authority...more
On June 15, 2022, the Fourth DCA issued its opinion in Michael Grieco v. Daiho Sangyo., Inc., AW Distributing, Inc., and Wal-Mart Stores East, LP affirming entry of summary judgment in favor of the manufacturer, distributor...more
The Delaware Supreme Court ruled on March 28, 2022, that Delaware’s burden-shifting requirement, known as “Stigliano,” for deciding summary judgment is a “proper framework” in asbestos exposure cases, however, the particular...more
In this asbestos action, plaintiff Shelley Droz alleged that her husband, Eric Droz, was diagnosed with mesothelioma as a result of his exposure to asbestos while using an arc grinding machine to resurface brake shoes. She...more
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
Seen frequently on grocery items, and especially on dietary supplements, structure/function claims describe the role of a nutrient or ingredient in the structure or function of the human body. Examples include “Calcium builds...more
Aligning with neighboring New York, and clearing up conflict within the Appellate Division, the New Jersey Supreme Court ruled equipment manufacturers can be held strictly liable on the basis of failure to warn for...more