Consumer Expectation Test Applies in Maryland Strict Products Liability Case Unless a Product Malfunctions
Posted on Apr 25, 2014 in Product Liability | Comments Off on Consumer Expectation Test Applies in Maryland Strict Products Liability Case Unless a Product Malfunctions
The U.S. District Court for the District of Maryland rejected a car manufacturer’s argument that the jury should use a risk-utility test and not a consumer expectation test in analyzing a strict products liability case. The risk-utility test, preferred by the manufacturer, regards a product as defective and unreasonably dangerous for strict liability purposes if the danger presented...
Railroad Locomotive Engineer Must Plead More Than Fear of Cancer for FELA Claim To Proceed
Posted on Apr 25, 2014 in Product Liability, Transportation | Comments Off on Railroad Locomotive Engineer Must Plead More Than Fear of Cancer for FELA Claim To Proceed
The U.S. District Court for the Eastern District of California dismissed a railroad locomotive engineer’s claims that his employer created an unsafe work environment by doing nothing to mitigate dust from the asbestos used on locomotives and rolling stock. The plaintiff claimed damages for, among other things, mental anguish caused by the fear of cancer and for the failure of his...
New Jersey Appellate Court Finds That Manufacturer Has Duty To Warn That Component Parts of Products Contain Asbestos Even Though Parts Will Be Replaced
Posted on Apr 23, 2014 in Construction, Product Liability | Comments Off on New Jersey Appellate Court Finds That Manufacturer Has Duty To Warn That Component Parts of Products Contain Asbestos Even Though Parts Will Be Replaced
The Superior Court of New Jersey, Appellate Division found that a pump manufacturer had a duty to warn workers that component parts of its pumps contained asbestos even though those parts would later be replaced. Analyzing the question of duty under a strict liability theory, the court held that the plaintiffs were entitled to the inference that the manufacturer knew that its pumps...
New York Federal Court Dismisses Suit Alleging High-Fructose Corn Syrup Is a Toxic, Unsafe Substance
Posted on Apr 21, 2014 in Energy/Environmental, Product Liability | Comments Off on New York Federal Court Dismisses Suit Alleging High-Fructose Corn Syrup Is a Toxic, Unsafe Substance
Earlier today, the U.S. District Court for the Western District of New York dismissed a case against five manufacturers of high-fructose corn syrup alleging the substance was toxic, unsafe, and was a substantial factor in causing the plaintiff to develop Type 2 diabetes. Accepting the plaintiff’s allegations as true for the purposes of deciding the defendants’ motion to dismiss, the...
Insurer Must Defend Asbestos Claims Against Dissolved Insured Corporation Under New Jersey Law
Posted on Apr 18, 2014 in Litigation, Product Liability | Comments Off on Insurer Must Defend Asbestos Claims Against Dissolved Insured Corporation Under New Jersey Law
An insurance company that accepted premiums from and agreed to defend and indemnify a New Jersey valve manufacturer for tortious conduct during designated coverage periods must defend suits brought by a group of plaintiffs for alleged asbestos exposure during those time periods, even though the insured had declared bankruptcy and dissolved at the time the suits were initiated. The...
Oregon’s Highest Court Instructs Intermediate Appellate Court To Review Jury Verdict for Manufacturer of Riding Lawnmower
Posted on Apr 17, 2014 in Product Liability | Comments Off on Oregon’s Highest Court Instructs Intermediate Appellate Court To Review Jury Verdict for Manufacturer of Riding Lawnmower
Following an accident in which a father unsuspectingly backed a riding lawnmower over his daughter, the family brought suit against the lawnmower manufacturer alleging that the mower was defective and unreasonably dangerous because the mower provided a mechanism for overriding a safety shutoff feature that otherwise would have stopped the cutting blades when going in reverse, the...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>