defective product liability

• Sen. Patrick J. Leahy Holds a Hearing On Oxycontin and Defective Product Liability

U.S. SENATE JUDICIARY COMMITTEE HOLDS A HEARING ON OXYCONTIN AND DEFECTIVE PRODUCT LIABILITY JULY 31, 2007 SPEAKERS: SEN. PATRICK...

• Political Transcript Wire
• August 20, 2009

• D.I.C.E., Inc. v. State Farm Ins. Co., (Ohio 2012)

Professional services exclusion defining engineering or design services as a professional service in a general business insurance policy will exclude coverage for claims sounding in strict liability for damages arising from the defective design of a product, even if the claims would have otherwise been covered by the policy’s products-completed operations coverage.

• Ohio Supreme Court

• In Search of a Remedy: Do State Laws Exempting Sellers From Strict Product Liability Adequately Protect Consumers Harmed by Defective Chinese-Manufactured Products?

A wave of defective Chinese-manufactured products hit US shores in the past few years, creating a firestorm of bad publicity for the Chinese manufacturers and the US retailers of these products. This ongoing crisis coincides with a US state-level trend of enacting laws limiting the liability of sellers of defective products and shifting liability to the manufacturer. This note examines the intersection of this crisis and this trend by analyzing whether state laws limiting the liability of sellers of defective products offer adequate protection to consumers injured by defective Chinese-manufactured products. Guaranteeing consumers injured by defective Chinese-manufactured products a remedy is both a means to ensure justice in the case at hand and a means to prevent future injuries. Howev...

• Journal of Corporation Law
• Vol. 34 Nbr. 2, January 2009

• Courtside: Wheel Cases Show Frustration of Injury Work in Missouri

Plaintiffs and their attorneys often talk when they file a product liability case about the need to hold a company accountable for a defective product. They yearn for a highly publicized trial and a big verdict that they hope will, from their perspective, punish a business for being careless or putting profits ahead of safety. But a recent settlement illustrates that no matter how big or notable a verdict might be, it doesn't guarantee that change will follow.

• Missouri Lawyers Media
• September 19, 2011

• Pelvic Mesh Litigation Rising

Product liability lawsuits alleging that vaginal mesh devices implanted in women are defective and that manufacturers failed to warn about their dangers are shaping up into a widespread mass tort. The lawsuits involve dozens of manufacturers of various products intended to deal with weakened muscles surrounding organs in the pelvic area, a condition called pelvic organ prolapse.

• Lawyers USA
• November 11, 2011

• Area People of Note: Local Newsmakers

- Sonia Pedraza of North Branford, a lawyer with Shipman & Goodwin, was among a select group of lawyers of color honored for their achievements by the Connecticut Law Tribune. Pedraza practices in the areas of insurance coverage and product liability and tort litigation, and has represented major product manufacturers and retail establishments in a variety of matters ranging from premises liability to defective design cases. She also has more than 13 years of experience in the insurance industry.

• New Haven Register
• November 09, 2011

• Sheppard v. Sundance Components, Inc., (Ohio 2004)

Product liability; manufacturer; supplier; R.C. 2307.73; R.C. 2307.74; defective product; summary judgment.

• Ohio Supreme Court

• Plan to Drop Mtbe 'Safe Harbor' From Energy Bill Is Good News for Water Consumers, Says the American Water Works Association

DENVER, Feb. 4 /U.S. Newswire/ -- Following is a statement from American Water Works Association Executive Director Jack Hoffbuhr on Senate Energy and Natural Resources Chairman Pete Domenicis plan to drop the controversial MTBE "safe harbor" provision from the Energy Bill: Tuesday, Feb. 3, various media reports indicated Senate Energy and Natural Resources Chairman Pete Domenici plans to drop the controversial MTBE "safe harbor" provision from the Energy Bill. The provision was intended to grant gasoline manufacturers defective product liability immunity in cases of MTBE water contamination.

• U.S. Newswire
• February 04, 2004

• 7th Circuit Says Stryker Hip Implant Suit Not Preempted

Federal law regulating medical devices does not preempt a product liability lawsuit over an allegedly defective ceramic-on-ceramic hip replacement system, the 7th Circuit has ruled in reversing a dismissal. The plaintiff underwent hip replacement surgery involving the implantation of the Trident-brand ceramic-on-ceramic system manufactured by Stryker Corp. Trident is a "Class III" medical device that Stryker has manufactured since 2003.

• Lawyers USA
• January 03, 2011

• Restatement Third, Torts: Products Liability; what hath the ALI wrought?

The Proposed Final Draft of the Restatement (Third) of Torts: Products Liability was approved in May 1997 by the American Law Institute and includes issues that are unique and not expected to be treated elsewhere. Sections 1 and 2 are the most important sections. Subsection 2(b) concerning defective product design liability is the most controversial and subsumes the consumer expectations test into the adopted risk-utility test by considering it as a factor.

• Defense Counsel Journal
• Vol. 64 Nbr. 4, October 1997