Category Archives: Product Liability Defense
If I Have Converted My Facility to Producing Ventilators to Help with Coronavirus Efforts, Could I Face Product Liability Claims as A Result?
A number of manufacturers, including those involved in producing automotive products, have transformed their operations into manufacturing medical equipment necessary to help with the coronavirus crisis, such as ventilators, respiratory devices, and other accessories. This will inevitably help more patients who are fighting for their lives as a result of the pandemic. However, many… Read More »
A New Trend That Could Transform Product Liability Defense: Adding Public Nuisance Claims
One of the latest trends in product liability litigation involves tacking on public nuisance claims in an attempt to claim that manufacturers have not only produced dangerous products, but also deceptively marketed them to consumers and failed to properly monitor their effects on the markets and these consumers. While, historically, these claims were unsuccessful… Read More »
Bayer’s Obstacles to Settling the Roundup Lawsuits Is Indicative of a Particular Kind of Product Liability Defense Challenge
Bayer is currently in mediation to settle thousands of product liability lawsuits claiming that the company’s weed killer product Roundup causes cancer. However, many speculate that because these cases raise novel legal questions, there may be some challenges and even some lasting changes to the settlement process when it comes to product liability defense… Read More »
Can Websites Like Facebook Be Held Liable for Product Liability?
Section 230 of the Communications Decency Act, which shields internet companies like Facebook from liability for a significant amount of what occurs on their platforms, has been getting a good amount of attention in the news of late due to a lawsuit that has been filed against Facebook in Texas and other states over… Read More »
Litigation Already Filed Against Zantac Even Without Official Recall from FDA
In September, national pharmacy chain CVS decided to pull the popular heartburn medication Zantac from its shelves and pharmacies due to a possible link to cancer and the Food and Drug Administration (FDA) allegedly finding trace amounts of a carcinogen known as N-nitrosodimethylamine (NDMA) in it and associated generic brands, such as ranitidine. Still,… Read More »
Automotive Product Liability On the Horizon for Tesla’s Smart Summon Feature?
Tesla may very well be in hot water again for an automotive product liability issue. Specifically, their new app – released on September 26 – that allows people to summon the driverless cars in parking lots (“Smart Summon”), which involves a software update (Tesla Version 10.0), has allegedly been associated with a number of… Read More »
Appeals Court Reverses Lower Court Decision, Finding That Amazon & Other Third Party Sellers Are Subject to Product Liability for Products Sold On Their Websites
In July, the Third Circuit Court of Appeals reversed a lower court decision finding that Amazon as a third-party seller was liable for product liability associated with the products sold by other parties on its website. This decision will expose a number of companies that operate as third-party vendors to product liability lawsuits when… Read More »
Appeals Court Reversal of $400 Products Liability Damages Award Against Johnson & Johnson Will Have Significant Consequences for Products Liability Actions
A recent appeals court decision dismissing a more than $400 million verdict against Johnson & Johnson in connection with the talcum powder products liability litigation will have significant consequences for a number of products liability actions. As a result, plaintiffs in the case have now petitioned the state’s supreme court to review the case…. Read More »
Court Finds Amazon Not Liable for Product Liability Associated with Product Sold Online—A Major Victory for Online Retailers
A major lawsuit won by Amazon sets the tone for product liability cases brought against similar online retailers. Specifically, in May, a federal appellate court affirmed a finding by a district court that online retailer Amazon is not liable for damages related to a product defect caused by a product that was purchased on… Read More »
Medical Device Makers May Soon Face Increased Risk of Product Liability Lawsuits
A new push to bring more artificial intelligence (AI)-based medical devices to the market could also open the door for more product liability lawsuits to be brought against manufacturers and companies if the technology changes after the device is approved by the Food and Drug Administration (FDA). Specifically, if the device changes significantly, it… Read More »
