Searching Content indexed under Product Liability & Safety by Mayer Brown ordered by Published Date Descending.
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How Smart, Connected Products Are Transforming Business
Connected products are now ubiquitous, and their use is projected to dramatically increase in the foreseeable future.
United States
3 May 2019
Louisiana Supreme Court Wades Into Punitive Damages In Maritime Context
Louisiana generally does not permit punitive damages.
United States
5 Apr 2018
Beauty And The Beast: New Guidance Note On The Handling Of Customers' Personal Data For The Beauty Industry Issued In Hong Kong
The beauty business in Hong Kong is booming. Treatments can range from traditional facials to more invasive procedures utilising medical devices...
United States
12 Aug 2016
Johnson & Johnson Hit With Two Huge Punitive Awards In Missouri Talcum Powder Litigation
We have previously posted about the thorny problem of avoiding excessive punishment when multiple plaintiffs seek punitive damages for the same course of conduct.
United States
13 Jun 2016
Gatekeeping On The Record: The Fifth Circuit Requires That Daubert Inquiries Be Explained On The Record
Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), district courts serve as gatekeepers for the admission of expert testimony.
United States
8 Jun 2016
February Brings A Blizzard Of Punitive Damages Awards
The East Coast saw quite a bit of snow in February, but that is not the only kind of blizzard we have experienced this month.
United States
2 Mar 2016
US Courts Issue Helpful Decisions In Two Cases Involving Admissibility Of Expert Testimony On Specific Causation
A plaintiff claiming harm from exposure to a substance generally must prove both general and specific causation.
United States
1 Mar 2016
US Food And Drug Administration Issues Final Rules Addressing Imported Food Safety
The US Food and Drug Administration (FDA) recently issued two final rules intended to increase the safety of food imported into the United States, furthering one of the main objectives of the Food Safety Modernization Act...
United States
10 Dec 2015
Delaware Superior Court Cuts Punitive Damages In Transvaginal Mesh Case
Last week, we posted about a $10 million award of punitive damages in a product liability action against a manufacturer of hip implants.
United States
8 Dec 2015
May A Defendant Seek JMOL On Punitive Liability Based On A Standard Different From The One Reflected In The Jury Instructions?
We’ve been following the post-trial proceedings in Allen v. Takeda Pharmaceuticals North America, Inc., a product-liability action involving the diabetes drug Actos.
United States
19 Sep 2014
In-House Counsel Predictions of Class Action Trends
Carlton Fields recently published a survey (pdf) of 368 general counsel and other in-house counsel at major companies across more than 25 industries regarding the class actions they faced in 2012 and their expectations for 2013.
United States
7 May 2013
Delaware Supreme Court Holds That Texas Law Does Not Recognize Preconception Torts
The Supreme Court of Delaware recently held that Texas law did not recognize preconception torts and that the Texas Workers Compensation Act barred a claim for a preconception tort brought by a child whose injuries were allegedly caused by his father’s workplace exposure to toxic chemicals.
United States
16 Jan 2013
US Court Of Appeals For The Eleventh Circuit Holds That Parties In Foreign Commercial Arbitrations May Seek Discovery In The United States
The US Court of Appeals for the Eleventh Circuit, in Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc., has held that a foreign arbitration panel is a "tribunal" within the meaning of 28 U.S.C. §1782, thereby authorizing parties to such arbitrations to seek discovery from a United States district court pursuant to that statute.
United States
29 Jun 2012
Fourth Circuit Rules That Federal Law Preempts State-Law Claims Arising From Alleged Malfunction Of Medical Device That Complied With FDA Requirements
In Walker v. Medtronic, Inc., No. 10-2219, ___F.3d___ (January 25, 2012), the US Court of Appeals for the Fourth Circuit held that the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempt state-law claims arising from the alleged malfunction of a Class-III medical device that had received premarket approval from the Food and Drug Administration and had complied with all requirements imposed by the agency.
United States
7 Feb 2012
Sixth Circuit Rejects Brand-Liability Theory Post-Pliva v. Mensing
On September 22, 2011, the US Court of Appeals for the Sixth Circuit ruled in Smith v. Wyeth, Inc., that former brand manufacturers of Reglan® (a prescription drug used to treat certain gastric disorders) could not be held liable for injuries caused by their competitors’ generic versions of the drug.
United States
15 Dec 2011
Texas Supreme Court Imposes Strict Standards Governing Use Of Epidemiological Evidence In Proving Causation
The Texas Supreme Court recently held that plaintiffs seeking to prove general causation with epidemiological evidence must produce two independent studies demonstrating that subjects who used the product at issue under circumstances substantially similar to those encountered by the plaintiff doubled their the risk of injury.
United States
9 Sep 2011
Third Circuit Rejects Class Certification of Medical Monitoring and Property Damage Claims
In an opinion addressing several important questions of class-action law, the US Court of Appeals for the Third Circuit recently affirmed a district court’s decision denying certification of medical monitoring and property damage classes in a suit alleging environmental contamination.
United States
2 Sep 2011
Connecticut Supreme Court Limits Use Of Malfunction Theory In Products Liability Cases
The Supreme Court of Connecticut has held that although the "malfunction theory" permits plaintiffs asserting strict liability to prove a product defect based solely on circumstantial evidence when the product has been destroyed, plaintiffs must introduce sufficient evidence to link their injury to the product defect and show that the defect existed when the product left the manufacturer’s control.
United States
19 Aug 2011
Wisconsin Court Rejects Medical Monitoring Claim Absent Proof of Physical Injury
Addressing an issue of first impression in the state that has divided courts in other jurisdictions, the Wisconsin Court of Appeals recently held that plaintiffs cannot recover medical monitoring expenses based on a claim that exposure to harmful chemicals increased their risk of future injury.
United States
22 Jun 2011
Supreme Court Decision Alert - June 16, 2011
The federal Anti-Injunction Act generally bars federal courts from enjoining proceedings in state court. 28 U.S.C. § 2283. One exception to that prohibition, commonly known as the "relitigation exception," permits a federal court to enjoin state court litigation "to protect or effectuate [the federal court’s] judgments."
United States
20 Jun 2011
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