Yearly Archives: 2015

What the United States Supreme Court’s Decision in DirecTV v. Imburgia Means For Your Consumer Agreements and Arbitration Clauses

Last week, the United States Supreme Court issued its opinion in DirecTV v. Imburgia, 577 U.S. ___ (2015).  This decision is important for manufacturers of consumer products because it fortifies the ability to incorporate and rely upon arbitration clauses as

Posted in Uncategorized

Texas Court’s Writ of Mandamus Relieves Discovery Pressures on Tire Manufacturer

A court in Harris County, Texas provided relief to Michelin North America Inc. in a case involving allegedly defective tires when it threatened to issue a writ of mandamus in favor of the tire manufacturer. The Texas appellate court conditionally

Posted in Uncategorized

A Step by Step Guide To Maximizing The Use of Social Media In Defending Product Liability Claims

As most people are aware, social media has become pervasive in the daily lives of the vast majority of Americans.  Social media provides us with an instantaneous way to share our thoughts and experiences with others.  Doing so creates an

Posted in Social Media

Whose Choice Is It Anyway? Split Decisions Over Choice of Law and The Impact On Your Defense Strategy

Janssen Pharmaceuticals Inc., a unit of Johnson & Johnson, has been embroiled in a mass tort MDL in Philadelphia for its anti-psychotic drug, Risperdal, for almost a year now.  So far in 2015, the juries have split – three in

Posted in Choice of Law, FDA

When Good Food Goes Bad: Contamination and Product Liability

Last week, lunch came back to bite dozens of unsuspecting diners throughout Washington and Oregon. Something in Chipotle’s fresh, healthy, and responsibly-sourced fast food caused uncharacteristic sickness for those partaking. The likely culprit, E. coli bacteria, left Chipotle patrons seriously

Posted in FDA, Food

Litigation In The Marijuana Industry Lights Up

The country’s first products liability class action has hit the marijuana industry with the filing of various tort, strict liability and contract claims against LivWell, Inc. in Colorado state court last month.  The complaint purports to define two classes—a medical

Posted in Duty To Warn, Manufacturer

Click it to Stick it: Guide to Creating Binding Online Agreements

Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age, consumers turn to the internet to purchase products, particularly

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Posted in Agreements

FTC Announces Red Light on Unqualified “Green Approved” Seals

Updated to clarify that this post is not about Green Seal, Inc. but the environmental seals or certifications warned against in a recent FTC update. Manufacturers of consumer products labeled with unspecified environmental certification seals (“green seals”) may find themselves subject to

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Posted in FTC

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices

Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al.  The court reserved dismissal of the §402(A) and related breach of implied warranty

Posted in Uncategorized

Not Driving in America: Navigating New Territory in Product Liability

Driving in America: It’s a task almost universally reviled by those with hour-long commutes, practically a right-of-way to adulthood, a pastime romanticized in films, and – maybe – a soon extinct activity? Ever since Google debuted the driverless car, people

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Posted in Automotive
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Products Liability Prevention & Defense
Our attorneys represent foreign and domestic designers, manufacturers, and distributors of a diverse array of products, from food and drugs to industrial equipment and building materials. We help clients respond to major personal injury and property damage claims in the form of single-product cases, class actions, mass torts, and multidistrict litigation, as well as all types of congressional, regulatory, or criminal investigations. Our team works closely with corporate counsel to minimize a company’s overall liability and establish efficient protocols for fielding claims and advise on labeling, marketing, manuals and instructions, supply and distribution contracts, and insurance and indemnification issues.
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