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34 results for '* topic:"Products Liability"' You can use Search Constraints to get even better search results
Publication Date: 2024-03-04
Practice Area: Products Liability
Industry: Electronics | Manufacturing | Retail
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiff.
for defendant: Donald M. Ransom, Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Christopher T. Logullo, Cobb & Logullo, Wilmington, DE for defendants.
Case Number: N23C-03-193 FWW
Court dismissed case where plaintiff was on inquiry notice that retaining or using product constituted agreement to binding arbitration with manufacturer, with the arbitration agreement delegating questions of arbitrability to the arbitrator.
Publication Date: 2023-12-04
Practice Area: Products Liability
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Joel H. Fredricks, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiff.
for defendant: Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE; Joseph J. Bellew, Joseph E. Brenner, Gordon Rees Scully Mansukhani LLP, Wilmington, DE for defendants.
Case Number: N22C-03-068 CLS
Service upon foreign corporation was ineffective where service upon its domestic subsidiary could not impute notice of the action and mailing service of process to the foreign corporation did not comply with the requirements of the Hague Convention.
Publication Date: 2023-08-28
Practice Area: Products Liability
Industry: Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Martin Bienstock, Bienstock PLLC, Washington, D.C. for plaintiff.
for defendant: James J. Freebery, Daniel J. Brown, Makenzie Windfelder, Hayley J. Reese, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE; Arthur E. Brown, William Hoffman, Matthew Douglas, Arnold & Porter Kaye Scholer LLP, New York, NY; Amy K. Fisher, Katherine D. Althoff, Carolyn E. Riggs, Ice Miller LLP, Indianapolis, IN; Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Sherry Knutson, Tucker Ellis LLP, Chicago, IL; Craig A. Thompson, Venable LLP, Baltimore, MD for defendants.
Case Number: N17C-07-001 PPI
Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie
Publication Date: 2023-06-20
Practice Area: Products Liability
Industry: Chemicals and Materials | Consumer Products | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Greenaway
Attorneys: For plaintiff: Christopher F. Cannataro, April M. Ferraro, John M. Seaman, Abrams & Bayliss, Wilmington, DE; Christopher M. Ryan, Shearman & Sterling, Washington, DC for appellant.
for defendant: Brandon R. Harper, John A. Sensing, Potter Anderson & Corroon, Wilmington, DE for appellee.
Case Number: 22-2634
Global parent corporation did not qualify as the manufacturer of allegedly defective components which were made by a foreign subsidiary using materials produced by a third-party supplier, where the parent did not control the day-to-day manufacturing operations and merely established product standards.
Publication Date: 2023-06-06
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Michael Collins Smith, Balick & Balick, LLC, Wilmington, DE for plaintiff.
for defendant: Brian D. Tome, Reilly, McDevitt & Henrich, P.C., Wilmington, DE, attorney for defendant.
Case Number: N19C-01-100 ASB
Manufacturer of machinery expressly designed to work on asbestos-containing products could have liability in asbestos litigation since use of the product would inevitably create hazardous asbestos dust, imposing a duty to warn upon the manufacturer.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-03-14
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Lawrance Kimmel, Linda Malkin, Kimmel Carter Roman Peltz & O’Neill PA, Christiana, DE for plaintiffs.
for defendant: Amy Taylor, Heckler & Frabizzio, Wilmington, DE: Kevin Connors, Marshal Dennehy Warner Coleman & Goggin, Wilmington, DE; Annice Mae Mattus, Castell Abner, J. Scott Shannon, Lee Shoemaker, Washington, DC; Jeffrey G. Granillo, Chambliss Bahner & Stophel, P.C., Chattanooga, TN for defendants.
Case Number: N20C-01-272 DJB
Components suppliers not entitled to indemnification from employer against employee's product liability claims, where there was no basis for express indemnification under the exclusivity provisions of the workers' compensation act nor a basis to find implied contractual indemnification.
Publication Date: 2022-10-18
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: N17C-04-320 PPI
Medical expert testimony excluded where opinion was based on possibility rather than stated in terms of a reasonable degree of medical certainty.
Publication Date: 2022-05-31
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69836
Products liability lawsuit dismissed where cited federal statutes failed to give rise to a private cause of action and plaintiff, a non-attorney, could not represent the heirs of the decedent.
Publication Date: 2022-05-24
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Robert J. Leoni, Shelby & Leoni, Wilmington, DE for plaintiffs.
for defendant: Colleen D. Shields, Eckert, Seamans, Cherin & Mellott LLC, Wilmington, DE for defendant.
Case Number: D69829
Court excluded expert testimony to the extent it opined about corporate defendant's state of mind or the reasonableness of its actions or attempted to offer a legal conclusion, since such testimony would usurp the fact-finding province of the jury.
Publication Date: 2022-03-08
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE; Michael A. Trunk, Thomas E. Bosworth, Kline & Specter, P.C., Philadelphia, PA for plaintiffs.
for defendant: Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Anthony M. Piscotti, Danny C. Lallis, Pisciotti Lallis Edreich, Florham Park, NJ for defendants.
Case Number: D69740
Failure to read user/instruction manual for product precluded a user injured by the product from pursuing a failure to warn claim.
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