WTK Connect
This blog provides updates and important insights about products liability, commercial, and consumer litigation. It aims to educate our audience on the developments in these areas as well as to provide the audience with unique perspectives from seasoned defense attorneys. ______________________________________________________________________________________________________________________
- Manufacturer Entitled to Summary Judgment in Motorcycle Warranty Case
Jan 1, 2008 | Topic: Product Liability
In Dominguez v. American Suzuki Motor Corporation, No. G038373 (Feb. 15, 2008), the Fourth District Court of Appeal reversed a trial court’s denial of summary judgment on behalf of the vehicle manufacturer in an action brought by a consumer under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.).
Continue reading... - Manufacturer Entitled to Summary Judgment Where Plaintiffs Cannot Meet Burden to Show Defendant Manufactured or Distributed Product
Jan 1, 2008 | Topic: Product Liability
In DiCola v. White Brothers Performance Products, Inc., 158 Cal.App.4th 666 (Jan. 5, 2008), a California Court of Appeal affirmed the trial court’s grant of summary judgment in favor of a distributor and manufacturer in a wrongful death and products liability action brought by the surviving family members of a motorcycle accident victim.
Continue reading... - NHTSA Agrees to Delay Implementation of Event Data Recorder Regulations
Jan 1, 2008 | Topic: Product Liability
The National Highway Traffic Safety Administration announced it will postpone until September 1, 2012 requirements for manufacturers to comply with its final rules regarding event data recorders (EDRs)
Continue reading... - Tortfeasor Can Reduce Non-Economic Damage Liability by Proving Contributing Medical Negligence of Treater of Injury
Jan 1, 2008
The Second District Court of Appeal, in Henry v. Superior Court, B200690 (Feb. 25, 2008)
Continue reading... - U.S. Supreme Court Limits Suits Over Medical Devices
Jan 1, 2008
In an 8-1 decision, the United States Supreme Court has held that the preemption clause of the Medical Device Amendments, 21 U.S.C.S. § 360k(a) [“MDA”], bars state common-law tort claims that challenge the safety and effectiveness of a manufacturer’s heart catheter because that device had received pre-market approval from the FDA.
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