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Larry E Coben

Larry E Coben

June 17, 2014 | The Legal Intelligencer

Liability for Failing to Properly Recall a Defective Product

It seems like every day we read about another company announcing the recall of a mass-produced product, whether it happens to be a faulty General Motors or Toyota vehicle, tainted food products or a prescription drug gone bad.

By Larry E. Coben

9 minute read

November 26, 2013 | The Legal Intelligencer

Can Helmets Protect Against Brain Injuries in Football?

Every day we read in our local newspapers or watch local TV news about another high school, college or NFL football player getting knocked out or taken off the field on a stretcher or, worse yet, dying on the way to or after admission to the local hospital.

By Larry E. Coben

9 minute read

March 03, 2011 | National Law Journal

Commentary: Court comes almost full circle in Mazda case

Larry E.Coben argues that in Williamson v. Mazda Motor of America Inc., the Court reversed a disturbing trend, in both state and federal courts, to broadly apply principles of implied federal pre-emption and dismiss many consumer tort claims against motor vehicle manufacturers.

By Larry E. Coben

4 minute read

January 11, 2013 | The Legal Intelligencer

Maximizing Damages: Personal Injury and Wrongful Death Actions

When Pennsylvanians are seriously injured or their loved ones die, our citizens turn to attorneys for answers and solutions. Pennsylvania common law guarantees our citizenry a basic right to recover damages for both personal injuries and wrongful death. These very broad civil rights allow injured victims every opportunity to obtain full and fair compensation. Yet, as it turns out, that doesn't always happen. While fair recovery often depends on the facts of a case, attorneys too often neglect some avenues of recovery or choose a methodology to present their client's claim that misses the mark in maximizing recovery.

By Larry E. Coben

9 minute read

November 20, 2012 | The Legal Intelligencer

Picking a Jury: Empathy, Anger and Fear Resonate in Bad Economy

Jury selection is possibly the most important and underrated component of a personal injury jury trial. Analyzing what motivates jurors to side with an injured victim is essential to obtaining a verdict.

By Larry E. Coben

7 minute read

June 10, 2011 | The Legal Intelligencer

In Product Safety Case, Superior Court Continues Pa. Tradition

Pennsylvania courts have a long-standing tradition, serving as a legal protectorate of consumer safety.

By Larry E. Coben

5 minute read

June 08, 2012 | The Legal Intelligencer

Back to the Future: When Safety Equipment Is Sold as an Option

Picture this: A person walks into an electronics store and looks at a number of brand new laptops, studying all the features, capacity, speed, screen visibility, etc. After studying about 10 different models, she settles on one that, cost-wise, is in the middle of the pack. The laptop is purchased and our customer goes home, excited to get started with her new gadget. Once home, she plugs it in and gets it open to the startup screen — only to find that the laptop lacks both Internet and printer software. Confused and confounded, our purchaser calls the store and asks: "What is going on?" To which, the sales manager responds: "Oh, you wanted those items? Well, sure, they're optional — but not to worry, as we can install those for an extra charge."

By Larry E. Coben

10 minute read

January 13, 2012 | The Legal Intelligencer

The Evolving Landscape of Modern Tort Liability

The common law has provided predictability in the products liability system for decades. Despite this historically sound conclusion, proponents of legal reform, intent on reducing unnecessary legal costs and using "predictability" as their mantra, have sought ways to alter this landscape through caps on both compensatory and punitive damage awards, abolishing joint liability, eliminating the collateral source rule, limiting a seller's liability for express warranties or direct negligence, creating comparative fault for product misuse and setting a statute of repose within the ordinary use-life of most products.

By Larry E. Coben

10 minute read

June 21, 2011 | The Legal Intelligencer

Pa. Law and Strict Liability Points of Interest in Crashworthiness Cases

The crashworthiness doctrine is a subset of strict products liability law that most typically arises in the context of vehicular accidents, as the Pennsylvania Superior Court determined in Gaudio v. Ford Motor Company.

By Larry E. Coben

9 minute read

March 11, 2011 | The Legal Intelligencer

Motor Vehicle Safety: The Cloud of Pre-emption Has Been Lifted

In 2000, the U.S. Supreme Court ruled in Geier v. American Honda Co. that vehicle manufacturers could not be held liable for delaying the installation of air bags for frontal crash protection, despite the fact that since 1973, government regulators had urged car companies to do so.

By Larry E. Coben

8 minute read