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. ______________________________________________________________________________________________________________________
- In Second Suit Plaintiff Allowed to Present Expert Evidence of Claim that had Been Abandoned
Jan 1, 2009 | Topic: Product Liability
In Gordon v. Nissan Motor Co., Ltd, 170 Cal. App.4th 1103, decided January 29, 2009, the California Second District Court of Appeal reversed a judgment and remanded a case for a new trial.
Continue reading... - No Duty to Warn of Defects in Another Manufacturer’s Product
Jan 1, 2009 | Topic: Product Liability
In Taylor v. Elliott Turbomachinery Co. Inc., 2009 Cal.App. LEXIS 214, decided on February 25, 2009, the California First District Court of Appeal held that component manufacturers and suppliers were properly found not liable for failing to warn of dangers inherent in asbestos-containing products supplied by other manufacturers because they were not part of the chain of distribution of the injury-causing products, and California law recognized no duty to warn of defects in another manufacturer's products.
Continue reading... - Preemption Does Not Bar State Claim Over Fuel Economy Estimates
Jan 1, 2009 | Topics: Product Liability, Warranty
In Paduano v. American Honda Motor Co. Inc., 169 Cal.App.4th 1453, a hybrid car buyer sued the manufacturer for breach of state and federal warranty statutes and alleged misrepresentations under state law, arising from the manufacturer’s statements about the car’s fuel economy.
Continue reading... - Supreme Court Rules that Drug Warning Claims are Not Preempted
Jan 1, 2009
On March 4, 2009, the U.S. Supreme Court dealt what, at first blush, appears to be a blow to the pharmaceutical industry, by holding that federal law does not preempt a claim that labeling for a prescription drug failed to adequately warn about the risks of a particular method of administration.
Continue reading... - The New Wave of Product Claims Involving Overseas Production Practices
Jan 1, 2009 | Topic: Product Liability
The news has been full of product claims based upon overseas manufacturing or production processes, such as those involving contaminated pet food and lead painted toys. These cases have raised some interesting issues:
Continue reading...