Larry E Coben

August 19, 2014 | The Legal Intelligencer

In an article published in the Law Weekly on July 21 titled "Deep Pockets Gone With Joint and Several Liability Repeal," Max Mitchell reviewed changes made in 2011 to the comparative negligence statute, 42 Pa. C. S. Section 7102 (2011), and interviewed several practicing attorneys who provided their views that these amendments may have dire consequences for economic recovery by consumer victims against multiple tortfeasors.

By Larry E. Coben

6 minute read

June 17, 2014 | The Legal Intelligencer

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

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

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

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

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

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

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 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

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