The California Supreme Court agreed last week to review an asbestos case involving an important failure to warn theory. See Webb v. Special Electric C
Continue Reading State Supreme Court Takes Controversial Asbestos Case
duty
No Duty on Manufacturer to Design A Product that Cannot be Misused
By Sean Wajert on
Posted in Articles, Consumer Products
Duty, foreseeability, and causation. A recent decision by the Fourth Circuit involves these important tort concepts. See Durkee v. Geologic Solutions …
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Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product
By Sean Wajert on
Country music fans among our readers may recall the Garth Brooks’ song “Longneck Bottle.” That tune, from his CD “Sevens,” reached…
Continue Reading Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product
Court Again Dismisses Claim Against “Non-Conventional” Alcohol Beverage
By Sean Wajert on
We posted last year about the dismissal of a motorcycle passenger’s claim against the maker of a caffeinated alcoholic drink, seeking to hold the comp…
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Federal Court Upholds “Bare-Metal” Defense
By Sean Wajert on
A federal court last week became the latest to refuse to hold a defendant liable for injuries allegedly caused by asbestos-containing parts manufactur…
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Beverage Maker Not Liable for Alleged Failure to Warn
By Sean Wajert on
The maker of a drink containing alcohol and caffeine was not liable to a woman allegedly injured when the driver of the motorcycle on which she was a …
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State Court Finds No Duty to Spouse of Exposed Worker
By Sean Wajert on
Delaware’s supreme court held last month that an employer owes no duty of care to an employee’s spouse, who allegedly contracted asbestos-related dise…
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Alleged Damages in Hurricane Katrina from Dredging Operations Not Forseeable
By Sean Wajert on
A court of appeals has affirmed the dismissal of multiple claims alleging that negligent dredging operations before Hurricane Katrina led to the failu…
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Medical Monitoring Class Actions Rejected in Beryllium Cases
By Sean Wajert on
The Third Circuit has affirmed the dismissal of two putative class actions that sought medical monitoring for workers and neighbors of factories using…
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Summary Judgment for Drug Company in Pain Pump Case
By Sean Wajert on
Posted in Articles, Drug and Device
A federal court has granted defendant summary judgment in a case which alleged that cartilage damage sustained by the plaintiff, a former high school …
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