Larry E Coben

November 02, 2023 | The Legal Intelligencer

Every motorcycle manufacturer has known for decades of the safety importance of including a headlight system which provides important visual cues to other motorists to minimize cross-over collisions.

By Larry E. Coben

11 minute read

August 25, 2023 | The Legal Intelligencer

Congress does in fact have the authority to address the conduct of those sitting on the Supreme Court and it should enact ethical rules governing their personal conduct which implicates their impartiality.

By Larry E. Coben

5 minute read

August 08, 2023 | The Legal Intelligencer

Currently pending before the Pennsylvania Supreme Court is the question whether in the defense of a product defect case, the manufacturer or seller may introduce evidence that its product was designed or manufactured to meet industrywide customs and practices or applicable government standards.

By Larry E. Coben

8 minute read

August 04, 2023 | The Legal Intelligencer

In this moment in time, the perplexing issue raised by this appeal is why shouldn't a nationwide corporation be subject to personal jurisdiction in each state in which it decides to obtain the benefits obtained by registering to do business and carrying out continuous and substantial business—regardless of the state in which the harm has arisen?

By Larry E. Coben

6 minute read

June 05, 2023 | The Legal Intelligencer

The nature and extent of design work (and discussions among engineers and other corporate employees) who have been working on issues related to product safety are also pertinent to establish "state-of-the-art," or "state-of-the-industry" in the design, construction and testing of the same or similar products.

By Larry E. Coben

12 minute read

April 06, 2023 | The Legal Intelligencer

To help understand and appreciate the steps required to develop and try a products case using the RBT, we provide this account of a recently litigated defectively designed helmet case.

By Larry E. Coben

8 minute read

March 03, 2023 | The Legal Intelligencer

The CET is available to gauge a defect when the plaintiff produced evidence of the objective conditions of the product as to which the jury may employ its own sense of whether the product meets ordinary expectations as to its safety under the circumstances presented by the evidence.

By Larry E. Coben

10 minute read

January 23, 2023 | The Legal Intelligencer

The slope can be slippery between product testing to prove how an incident occurred and testing to illustrate performance of a product or relevant scientific principles. It requires very careful analysis of what testing will be helpful to illustrate relevant principles.

By Larry E. Coben

7 minute read

December 09, 2022 | The Legal Intelligencer

Strict liability in tort is a principled doctrine that recognizes the obligation of product manufacturers and sellers to only market nondefective products. That responsibility must extend the right of recovery to anyone who is harmed by a flaw in the product.

By Larry E. Coben

9 minute read

November 07, 2022 | The Legal Intelligencer

Time will tell whether Pennsylvania's jurisprudence stays the course or joins the pack allowing the defense of strict products liability cases to converge with negligence actions, and morph the well-reasoned approach followed in Tincher into a trial based upon proof that the product manufacturer did what others do—a principle rejected years ago.

By Larry E. Coben

11 minute read