N.Y. smokers can’t sue Philip Morris 
Published: May 6, 2013
Tags: cigarettes, medical monitoring, negligence, Philip Morris, product liability, strict liability, tobacco litigation
Long-time smokers could not sue Philip Morris for manufacturing cigarettes that allegedly contained unnecessarily dangerous levels of carcinogens, the 2nd U.S. Circuit Court of Appeals has ruled in affirming a dismissal.
Drug firms aren’t liable for patient’s suicide
Published: January 3, 2013
Tags: ABILIFY, product liability, strict liability, wrongful death
A wrongful death plaintiff failed to state a “plausible” claim that the makers of the antipsychotic drug ABILIFY were liable for her son’s suicide, the D.C. Circuit has ruled in affirming a dismissal.
Stryker not strictly liable for design defect
Published: December 4, 2012
Tags: design defect, Howmedica Osteonics, product liability, strict liability, Stryker Corp.
Medical device makers could not be held strictly liable for an alleged design defect in a surgically implanted prosthetic device, the California Court of Appeal has ruled in affirming a summary judgment.
Host may be liable for injuries caused by guest’s dog
Published: July 27, 2012
Tags: dog bite, social host, strict liability
A social host may be a “harborer” subject to strict liability for injuries caused by a guest’s dog, the Minnesota Supreme Court has ruled in reversing a summary judgment.
Manufacturer may be strictly liable for bone in turkey product
Published: July 23, 2012
Tags: product liability, strict liability
A food producer may be strictly liable for an esophageal injury suffered by a man who claimed there was bone in the “boneless” turkey product he consumed, Maine’s highest court has ruled in reversing a summary judgment.
Benchmarks: Can office sue software seller for data loss?
Published: July 5, 2012
Tags: breach of contract, computer software, limitation of liability, product liability, strict liability
You always expect some glitches when your office upgrades its computer software, but when customer records go up in smoke, that’s a real nightmare. For one particularly unlucky dental office, the trouble was compounded by a limitation of liability clause in its software contract.
Last week, the Utah Supreme Court had to decide whether state product liability law prevents a software seller from enforcing such a clause.
Benchmarks: Cow versus motorcycle
Published: May 30, 2012
Tags: dangerous animals, negligence, premises liability, strict liability
Annie the Black Angus cow perceived a motorcycle crossing her pasture as a threat, so she charged. Annie took care of the threat, totaling a Triumph Tiger ridden by Nelson Thomas.
Adding insult to injury, California courts have decided that Annie’s owners aren’t liable for the motorcyclist’s busted shoulder and property loss.
Benchmarks: Select Comfort mold claim gets green light
Published: May 23, 2012
Tags: design defect, failure to warn, negligence, product liability, strict liability, toxic mold
A federal judge on Monday gave the go ahead to a product liability lawsuit filed by a California woman who claimed she suffered injuries from a mass of toxic mold growing in her Sleep Number mattress.
Class claims against Owens Corning weren’t discharged
Published: May 22, 2012
Tags: breach of warranty, Chapter 11, class action, fraud, negligence, strict liability
A class claims seeking damages for alleged defects in Owens Corning roofing shingles were not discharged by the company’s Chapter 11 bankruptcy case, the 3rd Circuit has ruled in reversing a summary judgment.
Grinding machine maker may have asbestos liability
Published: May 9, 2012
Tags: asbestos, design defect, failure to warn, product liability, strict liability
The manufacturer of a brake grinding machine can be sued for asbestos exposure suffered by equipment operators, even though other manufacturers’ products were the source of the asbestos, the California Court of Appeal has ruled in reversing a dismissal.
