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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negligence
Failure to Warn Claim Survives- But Why?
Sometimes, manufacturers have to wonder, what good does a warning do if the courts won’t require people to read and heed the warning given? Harley Dav…
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Florida Supreme Court Decides Right of Fishermen to Sue For Pollution
In a case that may impact some of the litigation rising from the Gulf Oil Spill, the Florida Supreme Court last week ruled in favor of a group of comm…
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Component Part Seller Liability At Issue In Asbestos Case
California’s high court is preparing to address a split among the state’s lower courts on what seems to be a straightforward issue of product liabilit…
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Spyware Claim Does Not Survive Summary Judgment
A federal court has granted a software maker summary judgment in a case arising from the use of “spyware.” The plaintiff failed to convince …
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State Supreme Court Clarifies Subsequent Remedial Measure Doctrine
The Iowa Supreme Court last week issued an interesting decision clarifying the subsequent remedial measure doctrine in that jurisdiction, and offering…
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Partial Summary Judgment Granted in Genetically Modified Rice MDL
The judge overseeing the federal MDL involving genetically modified rice has granted partial summary judgment to the defendants, dismissing several cl…
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Use of Company Conduct Evidence to Prove Liability or Punitive Damages
As due process considerations have taken their more appropriate place in the law of punitive damages, see BMW of North America, Inc. v. Gore, 517 U.S.
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