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The Legal Intelligencer

Litigation 1: Products Liability

By | February 11, 2014
Articles exploring the demise of 'each and every breath' causation; potential liability for wrongful-birth claims; diagnosing FDA's regulation of mobile medical apps; and more can be found in the Products Liability.
3 minute read

The Legal Intelligencer

Portable Toilet Products Liability Case Ends in Accord

By | February 11, 2014
A man who was rendered quadriplegic when two of his relatives accidentally tipped over the portable toilet he was using in an attempt to play a practical joke on him has settled with the toilet's manufacturer and installer, as well as the two relatives, for a total of $5 million.
5 minute read

The Legal Intelligencer

Space: The Final Frontier for Products Liability Law

Space exploration and the commercialization of space activities are creating the next frontier for legal regulation. Travel beyond the Earth's atmosphere was once the province of only the most powerful sovereign entities, but now private enterprise is involved in launching satellites into space and stands at the forefront of commercial human space flight. Moreover, the number of nations engaged in space activities has increased substantially, and the evolution in space travel that will occur within the private sector during the 21st century will be extraordinary.
8 minute read

The Legal Intelligencer

An Attack on Plaintiffs' Use of Consumer Complaints

In products liability actions, plaintiffs use prior consumer complaints as evidence that a defect existed or that the defendant ignored a known defect. Precluding these prior consumer complaints is important to the defense, because this evidence has significant potential to prejudice the jury and lead to the imposition of liability in cases where plaintiffs have failed to produce sufficient proof of a defect. For these reasons, defendants must challenge the admissibility of prior consumer complaints. Defendants should argue that the communications are not substantially similar to the facts, circumstances and defects claimed in the case at issue (and are, thus, not relevant), and are inadmissible hearsay.
8 minute read

The Legal Intelligencer

Diagnosing the FDA's Regulation of Mobile Medical Apps

In a society where people are attached to their smartphones and looking to maximize efficiency, it is no surprise that the market for mobile medical applications (MMAs) is growing rapidly. There are already tens of thousands of MMAs to help diagnose, treat and heal users via smartphones.
9 minute read

The Legal Intelligencer

Potential Liability for Wrongful-Birth Claims

On Nov. 14, 2012, inSernovitz v. Dershaw, 2012 Pa. Super. 248 (Pa. Super. Ct. 2012), the Pennsylvania Superior Court held that 42 Pa.S.C.A. § 8305, which prohibited the tort claims of wrongful birth and wrongful life, was unconstitutional because the manner in which the bill was enacted violated Article III, Section 3 of the Pennsylvania Constitution. Specifically, the Superior Court held that Section 8305 violated the single-subject rule, which requires that a bill address a single subject that is clearly expressed in its title.
7 minute read

The Legal Intelligencer

The Demise of the 'Each and Every Breath' Causation

In 2013, Pennsylvania law saw the final demise of any-exposure causation in asbestos litigation. Not so long ago—prior to the Pennsylvania Supreme Court's decision in Gregg v. V-J Auto Parts, 943 A.2d 216 (Pa. 2007)—asbestos plaintiffs routinely offered expert testimony that any exposure, no matter how minor, was sufficient to impose liability because "each and every breath" of asbestos-contaminated air was a "substantial factor" in causing illnesses such as mesothelioma. No longer.
7 minute read

The Legal Intelligencer

Pa. Supreme Court Opens Door to Latent-Disease Lawsuits

In a decision that may alter the landscape of Pennsylvania products liability and workers' compensation cases, the Pennsylvania Supreme Court recently held that former employees who develop a latent occupational disease many years after ending their employment can bring common law tort claims against their former employers.
6 minute read

New Jersey Law Journal

N.J. Loses MDL Case Alleging MTBE Groundwater Contamination by Chevron

New Jersey's claims against Chevron for alleged groundwater contamination from MBTE have been dismissed in Multidistrict Litigation in the Southern District of New York.
2 minute read

National Law Journal

Harsh Sanctions Imposed Against Defense in Actos Suit

The first federal trial on claims tying prescription drug Actos to bladder cancer took a hostile turn after a judge concluded the defendants deliberately deleted key evidence.
4 minute read

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