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  • Evans v. IMO Indus., Inc.

    Publication Date: 2019-07-31
    Practice Area: Products Liability
    Industry: Defense | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68648

    Plaintiff's engineering expert's testimony in asbestos litigation not precluded to the extent the expert's lack of direct experience in procurement was not disqualifying and where evidence relied upon by the expert merely bolstered his original opinion.

  • Rowland v. American Biltrite, Inc.

    Publication Date: 2019-05-08
    Practice Area: Products Liability
    Industry: Chemicals and Materials | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Ipek K. Medford, Bartholomew J. Dalton, Andrew C. Dalton and Michael C. Dalton, Dalton & Assoc., P.A., Wilmington, DE; Adam Balick and Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE; Weitz & Luxenberg, P.C., New York, NY for plaintiffs.
    for defendant: Beth E. Valocchi, Joseph S. Naylor and Bryan P. Smith, Swartz Campbell, LLC , Wilmington, DE for moving defendant.
    Case Number: D68556

    Plaintiffs failed to demonstrate that a product provided by defendant contained asbestos.

  • Hopkins v. Janssen Pharm., Inc.

    Publication Date: 2019-05-01
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kelly E. Farnan, Christine D. Hayes, Sara M. Metzler, and Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
    for defendant: Michael P. Kelly, Daniel J. Brown, and Hayley J. Reese, McCarter & English, LLP, Wilmington, DE; Heather C. Giordanella and Andrew P. Reeve, Drinker Biddle & Reath LLP, Philadelphia, PA for defendant.
    Case Number: D68543

    Negligence action against pharmaceutical manufacturer failed where plaintiff presented no expert testimony on proximate causation, took a generic equivalent rather than the brand name drug manufactured by defendant, and did not overcome the learned intermediary doctrine.

  • Canfield v. FCA US LLC

    Publication Date: 2019-03-20
    Practice Area: Products Liability
    Industry: Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Jeffrey S. Goddess and P. Bradford deLeeuw, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Nicholas A. Migliaccio and Jason S. Rathod, Migliaccio & Rathod LLP, Washington, DC for plaintiff.
    for defendant: Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Kathy A. Wisniewski and Stephen A. D'Aunoy, Thompson Coburn LLP, St. Louis, MO for defendants.
    Case Number: D68496

    Implied warranty claims not dismissed where defendant allegedly engaged in active concealment of defect, which tolled the limitations periods, and where air-outs on the tires on plaintiffs' vehicles established their potentially non-merchantable condition and put defendant on notice when plaintiffs brought their vehicles in for service.

  • Cardona v. Hitachi Koki Co., Ltd.

    Publication Date: 2019-02-20
    Practice Area: Products Liability
    Industry: Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: David A. Boswell, Hudson, Jones, Jaywork & Fisher, LLC; Brian D. Kent and Samuel I. Reich, Laffey, Bucci & Kent, LLP for plaintiffs.
    for defendant: Thomas J. Gerard and Bradley D. Remick, Marshall Dennehey Warner Coleman & Goggin; Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A. for defendants.
    Case Number: D68463

    Court could exercise personal jurisdiction over foreign manufacturer in products liability claim where it took affirmative steps, including formation of a domestic subsidiary, to place its products in the stream of commerce within the state, which led to plaintiff's alleged injury in the state.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • In re Talc Product Liab. Litig.

    Publication Date: 2018-09-26
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: R. Joseph Hrubiec, W. Steven Berman, Hunter J. Shkolnik, Napoli Shkolnik, LLC; Raeann Warner, Ja-cobs & Crumplar, P.A., for plaintiffs
    for defendant: Michael P. Kelly, Daniel J. Brown and Jessica D. Miller, Skadden, Arps, Slate, Meagher & Flom, LLP., for Johnson & Johnson defendants.
    Case Number: D68298

    The court dismissed claims by nonresident plaintiffs for lack of personal jurisdiction over certain defendants, and it also granted a motion by those defendants for a protective order to quash jurisdictional discovery.

  • Evans v. Johnson and Johnson Co.

    Publication Date: 2018-05-23
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Augustus Hebrew Evans, Jr., James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff
    for defendant: Todd C. Schlitz, Drinker Biddle & Reath, LLP, Wilmington, DE; Daniel J. Brown and Hayley J. Reese, McCarter & English, LLP, Wilmington, DE, attorneys for defendants.
    Case Number: D68152

    In forma pauperis plaintiff's motion to produce discovery denied in part where plaintiff's inmate status precluded production of 1.5 million pages of documents, but limited production possible where plaintiff identified specific types of documents sought.

  • Erwin v. Ford Motor Co.

    Publication Date: 2018-03-14
    Practice Area: Products Liability
    Industry: Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68073

    Under Delawares choice of law rules, the comparative fault law of Florida applied in this defective design case which arose from an automobile accident that occurred in Florida.

  • Mabey v. Crystalite Bohemia, S.R.O.

    Publication Date: 2018-02-21
    Practice Area: Products Liability
    Industry: Consumer Products
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68050

    Plaintiffs did not allege a direct connection between a non-resident defendant and Delaware under the long-arm statute, but plaintiffs made a plausible argument in support of personal jurisdiction.

  • Harris v. Boston Scientific Corp.

    Publication Date: 2018-01-17
    Practice Area: Products Liability
    Industry: Biotechnology | Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni PA; Christine V. Clarke and Chris A. Gomez, Kline & Specter, PC, attorneys for plaintiff
    for defendant: Colleen D. Shields, Eckert Seamans Cherin & Mellott, LLC, attorneys for defendant.
    Case Number: D68007

    Jury verdict in favor of defendant in medical products liability case not against weight of evidence, where jury could find that complication rate of plaintiffs specific injury of less than one percent was not indicative of the products dangerousness, and could believe testimony that it was reasonable for defendant to rely on clinical testing of similar devices.