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
Continue Reading Supreme Court Rules on Effect of Offers to Named Class Plaintiffs
judgment
Design Defect Claim Rejected for Lack of Cost Estimate on Alternative Design
By Sean Wajert on
Posted in Articles, Consumer Products
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…
Continue Reading Design Defect Claim Rejected for Lack of Cost Estimate on Alternative Design
Appeals Court Affirms Summary Judgment for Cart Manufacturer
By Sean Wajert on
Posted in Articles, Consumer Products
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…
Continue Reading Appeals Court Affirms Summary Judgment for Cart Manufacturer
State Supreme Court Reaffirms Death of Single Fiber Theory
By Sean Wajert on
Posted in Articles
The Pennsylvania Supreme Court recently reaffirmed several important principles in toxic tort exposure, specifically asbestos, cases. See Howard, et a…
Continue Reading State Supreme Court Reaffirms Death of Single Fiber Theory
Summary Judgment Granted on Product Identification
By Sean Wajert on
Posted in Articles, Drug and Device
Sometimes simpler is better. In product liability litigation nothing is more basic, perhaps, than proof the plaintiff used defendant’s product. Last w…
Continue Reading Summary Judgment Granted on Product Identification
Failure of General Causation Proof Leads to Summary Judgment in Chemical Case
By Sean Wajert on
The Ohio appeals court ruled recently that a plaintiff could not pursue her chemical exposure toxic tort suit since her sole general causation expert’…
Continue Reading Failure of General Causation Proof Leads to Summary Judgment in Chemical Case
Supreme Court Declines to Review Defense Win in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
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…
Continue Reading Supreme Court Declines to Review Defense Win in Drug Case
Federal Court Reaffirms Summary Judgment in NORM Case
By Sean Wajert on
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…
Continue Reading Federal Court Reaffirms Summary Judgment in NORM Case
Summary Judgment for Defendant in Heater Case
By Sean Wajert on
Posted in Articles, Consumer Products
A federal court granted defendant summary judgment in a products case alleging that a propane heater that exploded was responsible for plaintiff’s hus…
Continue Reading Summary Judgment for Defendant in Heater Case
Successor Liability Rejected in Aircraft Case
By Sean Wajert on
Posted in Articles
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…
Continue Reading Successor Liability Rejected in Aircraft Case