Sentences with phrase «rules on product liability»

Not exact matches

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

The Alabama Supreme Court upheld the trial court's ruling in favor of Rockwell on the basis that the Plaintiff's product liability claims could not go forward because the Plaintiff failed to establish through competent evidence that any Rockwell product was defective.

Obtained favorable ruling from the Missouri Court of Appeals on discovery issues for Fresenius Medical Care in a product liability lawsuit.

Product Liability Defense: Applying the Rule of Law Now and in the Future, INSIDE THE MINDS: LEADING PRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatoreProduct Liability Defense: Applying the Rule of Law Now and in the Future, INSIDE THE MINDS: LEADING PRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatoLiability Defense: Applying the Rule of Law Now and in the Future, INSIDE THE MINDS: LEADING PRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatorePRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatoLIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatorePRODUCT LIABILITY LAW (July / August 2003)(AspatoLIABILITY LAW (July / August 2003)(Aspatore Books)

On Maxell's motion, the district court dismissed all but the breach of contract claim, ruling that Maxell's liability on that claim, if any, did not extend beyond its initial 18 - month commitment to purchase the products (Smartfish argued the commitment was a recurring obligationOn Maxell's motion, the district court dismissed all but the breach of contract claim, ruling that Maxell's liability on that claim, if any, did not extend beyond its initial 18 - month commitment to purchase the products (Smartfish argued the commitment was a recurring obligationon that claim, if any, did not extend beyond its initial 18 - month commitment to purchase the products (Smartfish argued the commitment was a recurring obligation).

(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.