A court of appeals has affirmed the dismissal of multiple claims alleging that negligent dredging operations before Hurricane Katrina led to the failu
Continue Reading Alleged Damages in Hurricane Katrina from Dredging Operations Not Forseeable
negligence
Failure to Warn Claim Survives- But Why?
By Sean Wajert on
Posted in Articles, Consumer Products
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…
Continue Reading Failure to Warn Claim Survives- But Why?
Florida Supreme Court Decides Right of Fishermen to Sue For Pollution
By Sean Wajert on
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…
Continue Reading Florida Supreme Court Decides Right of Fishermen to Sue For Pollution
Component Part Seller Liability At Issue In Asbestos Case
By Sean Wajert on
Posted in Articles, Toxic Tort
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…
Continue Reading Component Part Seller Liability At Issue In Asbestos Case
Spyware Claim Does Not Survive Summary Judgment
By Sean Wajert on
A federal court has granted a software maker summary judgment in a case arising from the use of “spyware.” The plaintiff failed to convince …
Continue Reading Spyware Claim Does Not Survive Summary Judgment
State Supreme Court Clarifies Subsequent Remedial Measure Doctrine
By Sean Wajert on
Posted in Articles, Consumer Products
The Iowa Supreme Court last week issued an interesting decision clarifying the subsequent remedial measure doctrine in that jurisdiction, and offering…
Continue Reading State Supreme Court Clarifies Subsequent Remedial Measure Doctrine
Partial Summary Judgment Granted in Genetically Modified Rice MDL
By Sean Wajert on
The judge overseeing the federal MDL involving genetically modified rice has granted partial summary judgment to the defendants, dismissing several cl…
Continue Reading Partial Summary Judgment Granted in Genetically Modified Rice MDL
Use of Company Conduct Evidence to Prove Liability or Punitive Damages
By Sean Wajert on
Posted in Articles, Consumer Products
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.
Continue Reading Use of Company Conduct Evidence to Prove Liability or Punitive Damages