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Supreme Court Solidifies Specific Jurisdiction Analysis To Dismiss Product Claims Filed Against Non-Resident Defendant, Bristol-Myers Squibb Co.

Product manufacturers routinely hauled into court in far away, inconvenient jurisdictions can breathe a little easier with the Supreme Court’s decision this week in Bristol-Myers Squibb Co. v. Superior Court of California. A group of plaintiffs, most of whom were

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SCOTUS Decisions May Provide A Roadmap to Enforcing Arbitration Clauses Included In Product Packaging

It is open opinion season at the U.S. Supreme Court, and two recent decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product packaging. In Kindred Nursing Centers Limited

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Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.

On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp.  The sixty-one page opinion effectively narrowed the scope of federal preemption and held that aviation

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Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

Hundreds of billions of business e-mails are sent per day.  That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome.  Even the mention of the phrase “e-discovery”

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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

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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

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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

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Welcome

Welcome, and thank you for joining Cozen O’Connor on the Products Liability Prevention and Defense Blog, or, as we like to call it, the PLPD blog. This blog is intended to provide regular updates on product liability trends, decisions and

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New FDA Rules Focus on Prevention, Not Remediation

In today’s world, it is an unfortunate reality that food products can be the subject of contamination, as well as subsequent recall and litigation. This issue poses a problem to all sectors of the food industry: produce (recent salmonella found

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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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