Earlier this year Olympus Corp. (“Olympus”) announced that it would recall and redesign its TJF-Q180V duodenoscope following its link to deadly patient infections in the United States and abroad. This situation presents an important cautionary tale and one that is…
Blog Archives
The Fairness in Class Action Litigation Act of 2016 – What It Can Mean For Consumer Product Manufacturers
Last year, the chairman of the House Judiciary Committee, Bob Goodlatte (R. Va.), proposed the Fairness in Class Action Litigation Act of 2015-2016 (H.R. 1927). The Act passed the House last week on January 8, 2016, and is presently before…
Posted in Manufacturer
What the United States Supreme Court’s Decision in DirecTV v. Imburgia Means For Your Consumer Agreements and Arbitration Clauses
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…
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
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
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
Volkswagen Defeated?
Last week, on September 18, 2015, the EPA issued a News Release revealing that Volkswagen Group of America (“Volkswagen”) sold cars incorporating a “defeat device” as defined in the Clean Air Act (“CAA”) to purposefully evade federal and state emissions…
Welcome
Welcome, and thank you for joining Cozen O’Connor on the Products Liability Prevention and Defense Blog, or, as we like to call it, the PLPD blog. This blog is intended to provide regular updates on product liability trends, decisions and…
Posted in Uncategorized
