Blog Archives

Lack of Specificity May Kill Parallel State Law Product Claims, But Not Fraud Claim

A Michigan district court judge determined last week that product liability claims against an FDA approved medical device manufacturer were preempted by federal law, but allowed the plaintiff’s claim of fraud against the manufacturer, Medtronic, Inc., to proceed at the

Tagged with:
Posted in FDA, Manufacturer

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

Tagged with: , ,
Posted in Manufacturer

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic Espionage Act.  While the

Posted in Manufacturer, Trade Secrets

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

The Fairness in Class Action Litigation Act of 2016 – What It Can Mean For Consumer Product Manufacturers

Last year, the chairman of the House Judiciary Committee, Bob Goodlatte (R. Va.), proposed the Fairness in Class Action Litigation Act of 2015-2016 (H.R. 1927).  The Act passed the House last week on January 8, 2016, and is presently before

Posted in Manufacturer

Washington Court Upholds Preemption Ruling for Aircraft Component Manufacturer

Last week, in the Estate of Virgil Becker v. Forward Technology Industries, Inc., a Washington appellate court upheld a lower court decision affirming the dismissal of claims against an aircraft component manufacturer on grounds of federal preemption.  This decision represents

Posted in Manufacturer

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

Winning Product Liability Cases with Particularly Devastating Injuries

In product liability litigation, many of the cases involve horrible things that have happened to good people. Often they then sue a company looking to assess blame and receive some form or compensation or satisfaction. At first blush, that’s more

Posted in Manufacturer, Mississippi, Proximate Causation
Subscribe to New Posts

Email:

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.
Recent Comments
Cozen O’Connor Blogs