The stakes in In Re: Volkswagen are huge, because the case could end up stemming the tide
of product liability suits filed in the Eastern District of Texas.»
Although there is no limit to the list of products that could form the basis
of a products liability suit, some of the more common product categories include apparel, asbestos, chemicals, cosmetics, firearms, food (most recently fast food, which has been contended to be at least partly responsible for America's obesity epidemic), machinery and tools, medical products and devices, motor vehicles, pharmaceutical products, recreational products, and tobacco.
Not exact matches
You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions,
suits, and other proceedings («Claims») arising out
of or incurred in connection with the Site and your use
of the Site, your fraud, violation
of law, negligence, willful misconduct, or any other use
of the Site, the User Materials, the Site Materials, the services,
products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you
of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses,
liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out
of or incurred in connection with such Claims.
A
products liability suit is a lawsuit brought against the seller
of a
product for selling a defective
product that caused physical injury to a consumer or user.
Alan Carroll (A.C.) Nash focuses his practice on the defense
of claims made and
suits brought against insureds and businesses in
product, automobile, commercial, liquor
liability, construction and premises
liability matters.
The ruling upheld the dismissal
of design defect claims in a
suit alleging that certain manufacturers are liable under theories
of strict (
product)
liability and negligence.
At HSNO, Ms. Green specialized in the investigation and measurement
of damages involving first party property claims, employee and corporate fraud, third party claims,
product liability matters, business interruption and lost profits, contingent business interruption, extra expense, inventory, construction losses, third - party damage claims, bankruptcy, personal injury and malpractice
suits.
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.
The opinion provides a ground breaking analysis
of the MDA preemption defense and explains why the plaintiffs could never prove they would have succeeded on their underlying
product liability claim necessary to sustain a viable legal malpractice
suit.
He also advises his clients on breach
of contract, real estate disputes, business torts, breach
of fiduciary duty and fraud claims,
products liability, ERISA claims, enforcement
of non-competes, and shareholder derivative
suits.
In this groundbreaking case, the Michigan Court
of Appeals ruled that the trial court correctly dismissed a legal malpractice
suit against the attorney and his law firm because the underlying
product liability claim plaintiffs» asserted should have been pursued was statutorily preempted under the federal Medical Device Act («MDA»).
Hathaway filed
suit against Cintas, asserting causes
of action for negligence, breach
of warranty, and
products liability.
In
product liability suits in federal and state courts, Kelly has represented a wide variety
of manufacturers and distributors.
Prior to joining Lewis Wagner, Meghan was an associate in the New York firm Traub Lieberman Straus & Shrewsberry's insurance coverage group, where she represented insurance company clients in insurance coverage litigation, and advised insurers on exposure and
liability issues in wide array
of tort and commercial contexts, including mass tort and class action litigation involving pharmaceuticals, chemical, transportation, news and entertainment, and oil and gas; environmental
suits; FDA compliance claims; unfair competition and false advertising claims; intellectual property claims; construction defect; personal injury;
product liability; and associated breach
of contract claims.
For instance, if the
product had a flaw that would not be noticed through average use by an average person
of average intelligence within ten years, it may still qualify for a
product liability suit.
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...
The inadequacy
of instructions for safe use may also be considered a defect in a
product -
liability suit.
Prosecuted commercial action on behalf
of aviation component - part manufacturer against heat treat provider to recover damages paid in settlement
of underlying aircraft
product liability suit.
Our
product liability lawyers can make sure that you have an experienced team by your side who can capably represent you if the fire warrants the filing
of a civil
suit.
Representation
of multi-national chemical corporation in
product liability matters resulting in wrongful death
suits.
Don has participated in the defence
of a number
of class action law
suits, including
products liability, insurance and health claims... (more)
Gord focuses on defending class action law
suits and serious
product liability claims and has many years
of experience in this area.
Back in 1990, Ian Frazier did a brilliant take for the New Yorker on
product liability law
suits when he wrote a «claim» in the matter
of:
(There's probably a lawyer out there who sees a class - action
products liability suit against YouTube by its users for YouTube failing to warn its users
of this foreseeable danger
of a lawsuit that gives outsiders access to users private information as part
of discovery.)
Our firm handles a wide variety
of cases including personal injury claims, wrongful death
suits, insurance disputes, employment discrimination, retaliation, overtime and wage claims, contract claims,
products liability claims, consumer protection claims, and other legal matters.
This wouldn't bar a
suit against a third - party contractor who made a defective
product, but I suspect that their contracts contain a waiver
of liability for negligence or defective
products given that this is highly experimental technology.
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.
If a seller that is merely a «pass - through» distributor is sued for
product liability, the seller can seek recovery for the costs
of the
suit from the manufacturer.
Financial
liabilities products are highly demanded from domestic corporates with provisions like class
suits and personal
liability of independent directors under the new Companies Act.