Blog Archives

The Legality of Cannabidiol and Concerns Regarding False Advertising

The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having laws that legalize marijuana in some form.  However, under federal law, marijuana is a Schedule

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Posted in FDA

Known to the State of California to Cause Cancer or Reproductive Harm – What is Proposition 65 and What You Need to Know

A majority of California voters in 1986 approved a ballot initiative known as Proposition 65, officially titled California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop. 65”).  Prop. 65 seeks to protect California’s drinking water sources from being

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Posted in Prop. 65

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims.  However, another important aspect is advertising.  The purpose of

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Posted in Uncategorized

The Expert Report: Key Considerations

Product liability cases often present challenging and complex issues which require the use of experts.  If you are litigating in federal court, any expert you designate will be required to provide a written report[1].  The same, however, may not be

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Posted in Experts

Punitive Damages and an Essential Jury Instruction

In one of our recent posts we touched on punitive damages in the context of one of the Pinnacle Hip bellwether trials.  In this post, we address another interesting aspect of punitive damages: whether they can be used to punish

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Posted in Manufacturer

Words Matter: Product Claims Can Trigger Regulatory Application And Corrective Action

Most of us understand that the facts that give rise to the legal issues we face are sometimes sewn far in advance.  This is certainly true in the area of product claims or statements.  As is discussed below, careful consideration

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Posted in FDA

Creating and Maximizing Enforceable Settlements

Settling a case may be the culmination of years of litigation or a strategic move at the outset to avoid litigation costs. Many times, settlement occurs at some point in between. Regardless of when the settlement occurs, it’s important to

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Posted in Agreements

Olympus Duodenoscope Recall: Lessons Learned on How to Manage a Class II Device Failure

Earlier this year Olympus Corp. (“Olympus”) announced that it would recall and redesign its TJF-Q180V duodenoscope following its link to deadly patient infections in the United States and abroad.  This situation presents an important cautionary tale and one that is

Posted in FDA, Manufacturer, Recalls

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage.  The ongoing bellwether trials in the GM faulty ignition switch MDL

Posted in Automotive

Roadmap for a Successful Product Inspection

One of the tasks manufacturing companies frequently face is having their products inspected and tested as part of the pre-litigation or litigation process.  While this may sound routine, it is important to have a detailed roadmap for conducting a successful

Posted in Inspections
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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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