Pennsylvania has long been a jurisdiction which followed unique, sometimes archaic, rules regarding strict product liability. The state Supreme Court
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Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test
Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed stud…
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Proof of Feasible Alternative Design Does Not Prove Defect
Readers know that most jurisdictions require that a plaintiff alleging a design defect in a product must produce sufficient evidence of a feasible alt…
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State Court Upholds Questionable Bystander Liability Claim
The Montana Supreme Court recently upheld the imposition of liability on a bat manufacturer for allegedly failing to warn about the dangers of aluminu…
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Jury Rejects Medical Monitoring Claim in Coal Dust Litigation
A West Virginia jury last week ruled in favor of defendant Massey Energy Co. in a class action accusing the company of exposing plaintiffs from an ele…
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State Supreme Court Adopts Risk Utility Test for Defect
The South Carolina Supreme Court last week vacated a $31 million verdict for a minor injured in a Ford Bronco rollover accident. Branham v. Ford Motor…
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Medical Monitoring Class Actions Rejected in Beryllium Cases
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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Safe Chemicals Bill Introduced in Senate
Sen. Frank R. Lautenberg, D-N.J., chair of the Senate Subcommittee on Superfund, Toxics and Environmental Health, introduced this week the “Safe …
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Senate Hearing on TSCA Reform Featured Industry Experts
The Senate Subcommittee on Superfund, Toxics, and Environmental Health convened a hearing last week with leaders of businesses that manufacture or use…
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Senate Holds Hearing on TSCA Issues
The Senate Committee on Environment and Public Works’ Subcommittee on Superfund, Toxics and Environmental Health held a hearing earlier this month ent…
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