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Blog Posts in Product Liability

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  • Eleventh Circuit affirms summary judgment for prescription drug manufacturer in product liability failure to warn case, finding that prescribing physician's testimony that he already knew risk information at time of prescription broke "causal chain" of proximate causation

    On December 22, 2020, in Hubbard v. Bayer Heathcare Pharmaceuticals Inc. et al., No. 19-13087, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment...

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  • Florida Fourth DCA rejects use of consumer expectations test in product liability case due to complexity of medical device involved and fact that it was available to an ordinary consumer only as an incident to a medical procedure

    On October 7, 2020, in Cavanaugh v. Stryker Corporation, No. 4D19-523, the Florida Fourth DCA considered an appeal by the plaintiff of a defense verdict in a product liability case...

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  • Florida Second DCA quashes trial court order which included "sharing provision" in protective order allowing plaintiff to share defendant's confidential business information with plaintiffs in other cases

    On July 8, 2020, in Samsung SDI Co., Ltd., v. Hildreth, No. 2D19-3607, a product liability case involving an allegedly defective battery manufactured by the defendant, ...

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  • Florida First DCA reverses jury verdict against synthetic marijuana manufacturer in failure to warn product liability case, holds that jury cannot consider proximate cause where a person responsible for the injury is voluntarily impaired or intentionally misuses a product

    On June 8, 2020, in DZE Corporation v. Vickers, No. 1D18-5081, the Florida First DCA reversed a trial court ruling denying the defendant, a manufacturer of synthetic marijuana, ...

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  • Florida Fourth DCA affirms trial court’s summary judgment for defendants due to plaintiff’s failure to meet “but for” causation standard in benzene-exposure product liability case involving defendants who made minimal contributions to plaintiff’s overall exposure

    On March 18, 2020, in O’Donnell v. W.F. Taylor Co., et al, No. 4D18-3772, the Florida Fourth DCA affirmed a trial court’s summary judgment ...

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  • Florida Supreme Court approves changes to product liability jury instructions

    On February 27, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 19-03, the Florida Supreme Court ...

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  • Eleventh Circuit rules trial court's erroneous jury instruction on statute of limitations in Engle progeny tobacco case harmless because plaintiff first diagnosed with COPD within limitations period

    On March 7, 2018, in Burkhart v, R.J. Reynolds Tobacco Company , No. 14-14708, the Eleventh Circuit Court of Appeals affirmed a jury trial award for the plaintiff in an Engle progeny tobacco case. The ...

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  • Florida Third DCA denies new trial to tobacco company on defective product claim, finding no reversible error in failure to charge jury on "consumer expectations" test not relied upon by plaintiff

    On June 28, 2017, in R.J. Reynolds Tobacco Co. v. Larkin , No. 3D16-910, the Florida Third DCA reversed a decision by the trial court granting a new trial to the defendant tobacco company on a ...

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  • Florida Third DCA affirms trial court's denial of defendant's motion to dismiss product liability claim on forum non conveniens grounds

    On April 26, 2017, in Taurus International Manufacturing v. Friend , No. 3D16-1960, the Florida Third DCA affirmed the trial court's denial of the defendant's motion to dismiss a product liability ...

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  • Eleventh Circuit Court of Appeals reverses summary judgment for defendants, finding lack of complete diversity due to citizenship of individual LLC members

    On March 2, 2017, in Thermoset Corporation v. Building Materials Corp of America , No. 15-13942, the Eleventh Circuit Court of Appeals vacated the lower court’s summary judgment order in favor of the ...

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  • Britax recalls over 600,000 baby strollers due to 33 reports of car seats disconnecting from the strollers and falling to the ground

    On February 16, 2017, Britax recalled certain Britax B-Agile and BOB Motion Strollers with Click & Go receivers. Britax has reportedly received 33 reports of car seats unexpectedly disconnecting from ...

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  • Hyundai recalls certain 2017 model year Elantra vehicles for replacement of brake system booster

    On January 25, 2017, Hyundai Motor America announced it was recalling certain 2017 model year Hyundai Elantra sedans produced at Hyundai Motor Manufacturing Alabama beginning on September 12, 2016 ...

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