On September 11, 2018, Cozen O’Connor’s Product Liability Prevention and Defense (“PLPD”) blog provided a quick reference guide that manufacturers can consult to MAN UP on defenses when hit with a claim under Chapter 82 in Texas. Hayden; Don’t Find…
Blog Archives
Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act: Part II, How Sellers May Find Themselves a MAN DOWN
Posted in Manufacturer
Don’t Find Yourself a MAN DOWN: Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act
As of September 1, 1993, a manufacturer’s duty to indemnify a seller in a products liability action became statutorily mandated in Texas. See Tex. Civ. Prac. & Rem. Code Ann. § 82.002 (Vernon 1997) (“Chapter 82”). Chapter 82, also known…
Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices
The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are devices which contain differently classified…
Lack of Specificity May Kill Parallel State Law Product Claims, But Not Fraud Claim
A Michigan district court judge determined last week that product liability claims against an FDA approved medical device manufacturer were preempted by federal law, but allowed the plaintiff’s claim of fraud against the manufacturer, Medtronic, Inc., to proceed at the…
Punitive Damages and an Essential Jury Instruction
In one of our recent posts we touched on punitive damages in the context of one of the Pinnacle Hip bellwether trials. In this post, we address another interesting aspect of punitive damages: whether they can be used to punish…
New Weapon For Manufacturers: Defend Trade Secrets Act of 2016
On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic Espionage Act. While the…
Posted in Manufacturer, Trade Secrets
Olympus Duodenoscope Recall: Lessons Learned on How to Manage a Class II Device Failure
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…
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
Washington Court Upholds Preemption Ruling for Aircraft Component Manufacturer
Last week, in the Estate of Virgil Becker v. Forward Technology Industries, Inc., a Washington appellate court upheld a lower court decision affirming the dismissal of claims against an aircraft component manufacturer on grounds of federal preemption. This decision represents…
Posted in Manufacturer
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
