The U.S. Supreme Court issued a decision earlier this week in a case raising the issue whether a defendant can cut off a Telephone Consumer Protection
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Design Defect Claim Rejected for Lack of Cost Estimate on Alternative Design
A federal court in Texas recently rejected design defect claims in a product liability case when plaintiff failed to offer a required cost estimate fo…
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Appeals Court Affirms Summary Judgment for Cart Manufacturer
The Second Circuit affirmed the grant of summary judgment for a golf cart maker who challenged plaintiff’s expert opinion in a design defect suit by a…
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State Supreme Court Reaffirms Death of Single Fiber Theory
The Pennsylvania Supreme Court recently reaffirmed several important principles in toxic tort exposure, specifically asbestos, cases. See Howard, et a…
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Summary Judgment Granted on Product Identification
Sometimes simpler is better. In product liability litigation nothing is more basic, perhaps, than proof the plaintiff used defendant’s product. Last w…
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Failure of General Causation Proof Leads to Summary Judgment in Chemical Case
The Ohio appeals court ruled recently that a plaintiff could not pursue her chemical exposure toxic tort suit since her sole general causation expert’…
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Supreme Court Declines to Review Defense Win in Drug Case
The Supreme Court declined earlier this month to review a decision by the Second Circuit affirming a defense verdict in the Fosamax litigation. See Se…
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Federal Court Reaffirms Summary Judgment in NORM Case
A federal court recently reaffirmed its prior ruling that a plaintiff’s expert failed to establish causation in a suit alleging increased risk of canc…
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Summary Judgment for Defendant in Heater Case
A federal court granted defendant summary judgment in a products case alleging that a propane heater that exploded was responsible for plaintiff’s hus…
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Successor Liability Rejected in Aircraft Case
One of the interesting types of projects your humble blogger gets to work on from time to time concerns product liability and mass tort issues that ar…
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