product liability

Keyboards

April 5, 2021April 6, 2021 BRIEF

Apple, California, Class Action, computer, product liability

A federal court in California certified a class of consumers in several states suing Apple over MacBook laptops with allegedly defective “butterfly” keyboards.

Appeals Business Personal Injury

Texas High Court Hears Debate Over Amazon Liability for Defective Products

March 25, 2021March 25, 2021 ERIK DE LA GARZA

Amazon, product liability, retail, Texas

Amazon argues it should not be considered a seller under Texas’ products-liability law and is not at fault for a toddler’s injuries caused by a third-party product.

Business Civil Rights Health

Freezer Failure

March 8, 2021March 9, 2021 BRIEF

California, fertility, manufacturing, product liability

A federal court in California refused to grant summary judgment to the manufacturer of cryopreservation tanks in a product liability suit relating to the loss of several women’s eggs and embryos.

Consumers Health Technology

Trial Likely in Suit Over Freezer Failure at Fertility Clinic

March 4, 2021March 5, 2021 MATTHEW RENDA

fertility, Medical, pregnancy, product liability

A federal magistrate declined summary judgment due to the amount of disputed facts in the case.

Appeals Business Consumers Personal Injury

Drug Warning

January 8, 2021January 8, 2021 BRIEF

Fourth Circuit, pharmaceuticals, product liability

The Fourth Circuit found the pharmaceutical company that makes Pradaxa, a drug to reduce the risk of stroke, cannot be sued for a woman’s death after she suffered a gastrointestinal bleed.

Appeals Business Health

Birth Control

December 8, 2020December 9, 2020 BRIEF

Class Action, Medical, pharmaceuticals, product liability, Second Circuit

The Second Circuit upheld a ruling in favor of pharmaceutical company Bayer in a class action products liability dispute over the Mirena intrauterine device. The plaintiffs, who claimed the IUD caused them to develop idiopathic intracranial hypertension, failed to present reliable expert opinions.

Business Health

October 23, 2020October 23, 2020 BRIEF

product liability, Settlement

Medical device maker C.R. Bard agreed to settle more than 500 cases alleging that its implantable blood-clot filter fractured, causing patients injuries. A federal judge granted the parties a 120-day stay of the involved cases, pending final settlement negotiations.

Appeals Business Consumers

Amazon Off the Hook for Ohio Teen’s Caffeine Overdose Death

October 1, 2020October 1, 2020 KYLE ANNE UNISS

Amazon, Ohio, product liability, retail, teens, Wrongful Death

In a unanimous decision, the Ohio Supreme Court ruled Wednesday that Amazon is not liable for the death of a high school student caused by an overdose of caffeine powder.

Business Regional

Family of Man Killed in Apartment Mix-Up Files Wrongful Death Suit

September 2, 2020September 3, 2020 DAVID LEE

Dallas, Police, product liability, Shooting, Wrongful Death

The family of Botham Jean has filed a wrongful death and products liability lawsuit, claiming the door in his apartment failed to close as designed and allowed former Dallas cop Amber Guyger to enter, mistake Jean as an intruder in her own apartment and shoot him to death while he was eating ice cream.

Business Health National

Black Farmers Go to Court to Stop Sale of Roundup

August 26, 2020August 27, 2020 JOE HARRIS

Agriculture, farming, GMOs, product liability, race, Roundup

A federal lawsuit filed Wednesday claims Monsanto plotted to force America’s black farmers into buying Roundup-resistant seeds, which forced them to rely on heavier and heavier concentrations of the herbicide to the detriment of their health.

Business Consumers Government Health

3M Earplugs

July 27, 2020July 28, 2020 BRIEF

defense contractors, Florida, product liability, veterans

A federal judge in Florida denied 3M’s invocation of the government contractor defense in a product liability suit filed by veterans who claim they suffered permanent hearing loss due to the company’s allegedly defective combat earplugs.

Appeals Consumers Entertainment Health

Rat Liability

June 24, 2020June 25, 2020 BRIEF

bacteria, California, children, dbrief5, pets, product liability

Petco was not liable on product liability grounds for the death of a boy who contracted a rare bacterial infection from a live rat that his grandmother purchased for him as a pet, an appeals court in California ruled. An “unmodified rat” is not a “designed product.”

Courts Health

Tainted Mask

June 5, 2020June 5, 2020 BRIEF

coronavirus, pesticides, product liability

Sock-maker Renfro Corp. shipped face masks treated with the pesticide Silvadur — which carries a caution advisory against getting it on skin and clothing and to avoid breathing its vapors — and the mask made at least one wearer sick, according to a lawsuit filed Thursday.

Appeals Business Personal Injury

Saw Manufacturer Seeks New Trial in Case of Amputated Butcher

May 20, 2020May 21, 2020 KAYLA GOGGIN

11th circuit, Florida, manufacturing, negligence, product liability, supermarkets

A kitchen equipment manufacturer ordered to pay a multimillion-dollar verdict to a grocery store butcher whose arm was amputated by a meat saw asked an 11th Circuit panel Wednesday for a new trial on the butcher’s negligence lawsuit.

Appeals Law Personal Injury

Breast Implants

May 15, 2020May 18, 2020 BRIEF

FDA, Ninth Circuit, product liability

The Ninth Circuit upheld the dismissal of a woman’s product liability claims arising out of injuries she suffered from her silicone gel breast implants manufactured by Mentor Worldwide. The woman did not sufficiently allege the company violated a Food and Drug Administration requirement.

Appeals Business Consumers Law

Ohio High Court Weighs Amazon’s Liability for Caffeine That Killed Teen

April 29, 2020April 30, 2020 KYLE ANNE UNISS

Amazon, athletes, China, Ohio, product liability, retail, teens, Wrongful Death

Amazon argued before the Ohio Supreme Court that it is not at fault for a high school student’s death caused by a third-party product.

Consumers Entertainment Personal Injury

Vibrator Burns

April 1, 2020April 2, 2020 BRIEF

dbrief5, Experts, product liability, sex

A woman who was burned while using her B Yours Vibe 2 vibrator may pursue her design defect claims against the seller of the device, a federal court in Washington ruled, finding that her electrical-engineering expert’s testimony is admissible given the “‘liberal thrust’ of the Federal Rules.”

Business Consumers Personal Injury

Car Seats

February 21, 2020February 21, 2020 BRIEF

automotive, children, product liability, product safety

Federal class actions in Boston and Sacramento claim Evenflo’s child booster car seats are not safe, as advertised, and plaintiffs’ children were injured because of it.

Appeals Business Consumers

En Banc 3rd Circuit Weighs Amazon Liability to Blinded Woman

February 19, 2020February 19, 2020 EMILEE LARKIN

Amazon, dogs, negligence, product liability, retail, Third Circuit

An appellate panel once revived the case, but the full Third Circuit stands in the way now of a woman’s fight to hold Amazon liable after she was blinded in an accident with a retractable dog leash.

Consumers Health Personal Injury

Medical Devices

February 19, 2020February 19, 2020 BRIEF

Medical, product liability, recall

Three people sued Torax Medical and Ethicon in separate federal complaints, claiming they made a defective titanium implant to relieve gastroesophageal reflux that was recalled, and had to be removed.Three people sued Torax Medical and Ethicon in separate federal complaints, claiming they made a defective titanium implant to relieve gastroesophageal reflux that was recalled, and had to be removed.

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