David Marshall specializes in representing
defendants in product liability litigation, including toxic torts, and long - term care facilities, assisted living facilities and related specialties.
The targeted
defendants in these product liability cases will most likely be the designers and manufacturers of these types of autonomous products and their systems and components, including particularly the designers and manufacturers who are responsible for the design of perception system radiuses and capabilities in those products, and their decision - making controller systems.
Determining
the defendant in a product liability case is not a matter of choosing one liable party over another; any party involved in a defective product's chain of distribution may be held accountable through a product liability lawsuit.
He typically represents
defendants in products liability, toxic exposure, and other tort cases, often in complex litigation.
Not exact matches
After a harrowing two - and - a-half-year legal battle, Dave and Amanda Repsher — clients of Ogborn Mihm and Robb & Robb of Kansas City — obtained a $ 100 Million settlement from the
defendants in the Repshers»
product liability / personal injury lawsuit.
At Brickley Law, our New Canaan
product liability lawyer identifies all the potential
defendants in the chain of commerce and design a strategy aimed at obtaining prompt and fair compensation for our clients
in New Canaan, Norwalk, and throughout Connecticut.
Possible legal theories that can be argued
in a
products liability case include negligence (lack of reasonable care
in the manufacture or sale of the
product or
in warning about the
product), breach of warranty (failure to fulfill the terms of a promise regarding the
product's performance), misrepresentation (giving consumers a false sense of security about a
product's safety), and strict
liability (under which the
product's defect, although not the fault of the
defendant, rendered the
product unreasonably dangerous and the
defendant is therefore responsible).
Our trial litigation practice includes representation of
defendants in personal injury and premises
liability matters,
product liability claims and wrongful death claims.
In this case an expert was testifying in a product liability case that the defendant's products had never caught fire before (as the plaintiff's had
In this case an expert was testifying
in a product liability case that the defendant's products had never caught fire before (as the plaintiff's had
in a
product liability case that the
defendant's
products had never caught fire before (as the plaintiff's had).
On Friday, June 1, 2007, the Alabama Supreme Court issued an opinion affirming summary judgment on behalf of
defendant Rockwell Automation, Inc.
in a
product liability lawsuit brought
in the Circuit Court of Jefferson County, Alabama
in 2003.
Instead of analyzing whether California has jurisdiction over the
product liability situation,
in general, the high court decides that the determination regarding whether California has jurisdiction over a suit against a particular
defendant must be made on a plaintiff by plaintiff basis when «specific jurisdiction» rather than «general jurisdiction» is involved.
2008)-- Denial of manufacturer
defendant's motion for summary judgment
in cases arising from explosion at facility
in Groton, Connecticut on grounds that there existed genuine issues of fact as to
product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved
in the transport and storage of chemical reagent at ambient temperatures.
The Best Lawyers
in America by Woodward White, Inc. listed Banks as the «2016 Birmingham Lawyer of the Year for
Product Liability Litigation
Defendants»
Punitive damages are sometimes recoverable from
defendants in product -
liability actions, as well.
In re Biomet was a products liability case in which the defendant began review by using search terms to cull nearly 20 million documents over the objection of Plaintiffs» Steering Committe
In re Biomet was a
products liability case
in which the defendant began review by using search terms to cull nearly 20 million documents over the objection of Plaintiffs» Steering Committe
in which the
defendant began review by using search terms to cull nearly 20 million documents over the objection of Plaintiffs» Steering Committee.
We focus on building key relationships with law firms and managing legal affairs as best we can and the type of legal work that Navistar Canada is involved
in doesn't really warrant a large department because it's
defendant - side litigation on the
product liability side and some corporate - driven transactions, be it tax or finance, that are not routine.
Two of the firm's partners were selected as «Lawyers of the Year»
in their practice area: John F. Mariani
in West Palm Beach for
Product Liability Litigation —
Defendants and Dilip Patel for Immigration Law.
A frequent speaker on topics including trial strategy, expert witnesses,
product liability, and accident reconstruction, Mr. Craft has appeared on television, radio, and
in several major newspapers across the country discussing distracted driving, discovery abuse by
defendants, vehicle rollovers, roof crush, seatbelts, child restraint systems, airbags, back - over deaths, and other litigation topics.
735 ILCS 5/13-213 (c): Alteration, modification or change No
product liability action based on any theory or doctrine to recover for injury or damage claimed to have resulted from an alteration, modification, or change of the
product unit after the date of first sale, lease, or delivery of possession of the
product unit to its initial user, consumer, or other nonseller may be limited or barred by subsection (b) if the action is commenced within the applicable limitation period; and,
in any event, within 10 years from the date the alteration, modification, or change was made, unless
defendant expressly has warranted or promised the
product for a longer period and the action is brought within that period.
Mark counts among his many successes his role as co-counsel
in a complex
products liability action, which resulted
in the largest personal injury award
in the State of Delaware at the time of its completion, $ 17.5 Million against a number of national
defendants.
There is a big difference between representing the plaintiffs
in product liability cases
in Missouri to representing the
defendants, or
in other words, the big manufacturers and distributors and companies that got you into this position of having to make a claim.
The plaintiffs»
product liability and negligence claims went to trial, and the jury returned a verdict
in favor of the
defendant.
The firm will also take on cases regarding
product liability and will go up against insurance companies and
defendants in motorcycle accidents.
In this
products liability suit arising from the death of a landscape employee who was killed when a 2007 Hustler Z zero - turn radius riding mower rolled over, a Harrisonburg U.S. District Court grants summary judgment to
defendant Excel Industries, manufacturer...
In the
liability phase of the trial, the welding rod
defendants were the only
defendants that chose to defend their
product and contended that welding rods do not release asbestos fibers that are respirable and the mesothelioma was caused by extensive exposure to asbestos insulation
products and not welding rods.
Mr. Simmons has represented plaintiffs and
defendants in complex tort litigation,
product liability litigation, and commercial litigation throughout Texas and nationally.
Many different
defendants can be held liable
in product liability cases.
Product liability actions seeking to recover damages for motorcyclists» personal injuries or death are usually brought as strict
liability claims, which enable a plaintiff to establish the
liability of certain
defendants without the necessity of proving that any of the
defendants was negligent
in creating the defective vehicle that caused the motorcyclist's injury or death or
in releasing it to the market.
Bob earned extensive experience representing both plaintiffs and
defendants in personal injury cases, including those involving motor vehicle collisions, aviation accidents,
products liability, premises
liability, medical, and legal malpractice, civil rights, bad faith and defamation.
Earlier this month, the Federal Court of Appeals for the Seventh Circuit issued a written opinion affirming an $ 11 million jury verdict
in a
product liability case brought by a man who was injured while using a ladder manufactured by the
defendant.
In this
products liability case, the Plaintiffs sought discovery of all relevant communications between any of the
Defendants» foreign subsidiaries and any foreign regulatory bodies over a long period of time.
In a restaurant customer's
products liability suit alleging damages from eating contaminated oysters at a Roanoke restaurant, a Roanoke U.S. District Court denies third - party
defendant seafood company's motion to strike the third - party plaintiff restaurant's demand for a jury trial.
In drug and device
product liability litigation, discovery burdens are unequal and fall more heavily on
defendants, and there is no reason to think that will change under the MIDPP.
Matt has represented both
defendants and plaintiffs
in class proceedings, and also engineers, developers and public authorities
in real estate and construction disputes, investment advisors and brokerages
in lawsuits involving negligent advice and fraud, insurance brokers and disability insurers
in cases concerning a wide range of insurance
products, and manufacturers
in product liability cases.
In Gariepy, Justice Nordheimer declined to certify the action as a class proceeding on the basis that the determination of whether the
defendant's
products were defective did not significantly advance the overall determination of
liability, as there were a myriad of reasons why a class member's plumbing system might fail.
We represent plaintiffs or
defendants in jury and non-jury trials and
in appeals on commercial issues including corporate and securities transactions, toxic tort,
products and
product liability, construction, civil rights, employment, media, entertainment, real estate, takings and project development.
In addition, he has handled personal injury and commercial litigation matters for plaintiffs and
defendants, contractual and employment disputes, construction cases,
product liability cases, sexual misconduct cases, as well as assorted other professional negligence claims (accounting and legal).
Attorneys for both plaintiffs and
defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict
liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the
liability of the manufacturers, retailers and other potential
defendants in the distribution chain; successor
liability; federal preemption of common law claims; monitoring
product safety during design, manufacturing and distribution; causation theories
in actions involving multiple manufacturers;
product misuse and alteration; the elements of proof needed
in an action; recovery for economic loss; punitive damages; and the government contractor defense.
Further, since a branded
defendant did not sell the injurious
product, there's not even an arguable basis for «stream of commerce» jurisdiction
in innovator
liability cases.
(1) extending negligent misrepresentation beyond «business transactions» to
product liability, unprecedented
in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the
defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a
defendant «compensates» or «incentivizes» physicians to use its
products, absent any Texas state or appellate authority; (5) imposing strict
liability on an entity not
in the
product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses
in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.
products liability and complex commercial litigation cases Represented both plaintiffs and
defendants in virtualt...