The WPLA defines five categories of potential liability for product manufacturers: construction defects, breach of warranty, design defects, failure to warn, and post-sale duty to warn. Construction Defects The WPLA uses the term “strict liability” to describe a manufacturer’s responsibility for products that materially deviate from the manufacturers design specifications or performance standards or materially
The first conference in the Xarelto MDL (In Re: Xarelto (Rivoroxaban) Products Liability Litigation, MDL 2592, proceeding in the Eastern District of Louisiana, before the Hon. Eldon E. Fallon, took place on January 29, 2015. Judge Fallon, an experienced MDL presiding judge, has already set up a website for the MDL (http://www.laed.uscourts.gov/xarelto), with posts of
A flurry of orders have issued from the chambers of the Hon. Joseph R. Goodwin, the United States District Judge presiding over the pelvic mesh MDLs in the Southern District of West Virginia, Charleston Division. The Court vacated and reset a bellwether trial set for December 4, 2014 to March 2, 2015, in Bellew v.
Have you ever seen one of those metal head massagers, the ones with thin, spider-like metal legs that bend and flex to tickle your scalp? That’s pretty much exactly how inferior vena cava filters look, except IVC filters are much smaller – they fit inside a vein, and are used to catch blood clots before
The Supreme Court overruled the Tenth Circuit in finding that a petition for removal to the federal courts under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. Sec. 1332(d)(A)-(C), was sufficient. The Court found that under CAFA, which gives federal courts jurisdiction over class actions if the amount in controversy exceeds $5 million,
Last year, a Multidistrict Litigation (MDL) was created to consolidate lawsuits against McNeil PPC, Inc., the company that owns Johnson and Johnson, alleging that “over-the-counter (“OTC”) acetaminophen containing products that are [marketed] and sold under its TYLENOL® brand-name caused liver damage, including liver failure, even when taken as directed.” Currently, there are about 125 Tylenol
Today, Reuters reported that Nissan North America “agreed to reimburse customers between $20 and $800 each to resolve a lawsuit alleging that defects in certain vehicles caused brakes to fail suddenly, according to court papers.” Fortunately, no deaths have as yet been attributed to these defective Nissan brakes. According to the Associated Press, “A judge
This week, the National Labor Relations Board “upheld a ruling that Mercedes violated federal labor laws by stopping United Auto Workers union supporters from handing out literature inside its Alabama plant”, as reported by the Associated Press. While laborers at this Mercedes plant – the largest in the United States – are not organized, the
This month, CBS affiliate WNEM reported that a settlement has been reached in a lawsuit over defective Stryker hips. In this defective hip replacement settlement, Stryker agreed to pay over $1.4 billion in damages to patients who received faulty implants. For more on defective hip replacements, check out our sister blog, DangerousDrugs WNEM writes, “Thousands
On October 31st, the Associated Press reported that, “[a pending] $500 million lawsuit against Kimberly-Clark Corp. alleges the company falsely claimed its surgical gowns protected against Ebola and other infectious diseases.” (hyperlink added) This Ebola gown lawsuit was filed against the company on October 29th, and the plaintiff alleges that the giant personal care company