Last week, the United States Supreme Court issued its opinion in DirecTV v. Imburgia, 577 U.S. ___ (2015). This decision is important for manufacturers of consumer products because it fortifies the ability to incorporate and rely upon arbitration clauses as…
Yearly Archives: 2015
What the United States Supreme Court’s Decision in DirecTV v. Imburgia Means For Your Consumer Agreements and Arbitration Clauses
Posted in Uncategorized
Texas Court’s Writ of Mandamus Relieves Discovery Pressures on Tire Manufacturer
A court in Harris County, Texas provided relief to Michelin North America Inc. in a case involving allegedly defective tires when it threatened to issue a writ of mandamus in favor of the tire manufacturer. The Texas appellate court conditionally…
Posted in Uncategorized
A Step by Step Guide To Maximizing The Use of Social Media In Defending Product Liability Claims
As most people are aware, social media has become pervasive in the daily lives of the vast majority of Americans. Social media provides us with an instantaneous way to share our thoughts and experiences with others. Doing so creates an…
Posted in Social Media
Whose Choice Is It Anyway? Split Decisions Over Choice of Law and The Impact On Your Defense Strategy
Janssen Pharmaceuticals Inc., a unit of Johnson & Johnson, has been embroiled in a mass tort MDL in Philadelphia for its anti-psychotic drug, Risperdal, for almost a year now. So far in 2015, the juries have split – three in…
Posted in Choice of Law, FDA
When Good Food Goes Bad: Contamination and Product Liability
Last week, lunch came back to bite dozens of unsuspecting diners throughout Washington and Oregon. Something in Chipotle’s fresh, healthy, and responsibly-sourced fast food caused uncharacteristic sickness for those partaking. The likely culprit, E. coli bacteria, left Chipotle patrons seriously…
Litigation In The Marijuana Industry Lights Up
The country’s first products liability class action has hit the marijuana industry with the filing of various tort, strict liability and contract claims against LivWell, Inc. in Colorado state court last month. The complaint purports to define two classes—a medical…
Posted in Duty To Warn, Manufacturer
Click it to Stick it: Guide to Creating Binding Online Agreements
Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age, consumers turn to the internet to purchase products, particularly…
FTC Announces Red Light on Unqualified “Green Approved” Seals
Updated to clarify that this post is not about Green Seal, Inc. but the environmental seals or certifications warned against in a recent FTC update. Manufacturers of consumer products labeled with unspecified environmental certification seals (“green seals”) may find themselves subject to…
Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices
Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the §402(A) and related breach of implied warranty…
Posted in Uncategorized
Not Driving in America: Navigating New Territory in Product Liability
Driving in America: It’s a task almost universally reviled by those with hour-long commutes, practically a right-of-way to adulthood, a pastime romanticized in films, and – maybe – a soon extinct activity? Ever since Google debuted the driverless car, people…
