In The Legal’s Products Liability, Mass Torts & Class Action supplement, read about economic loss after Dittman, 5-year-old Tincher and what to do when automobile safety features just don’t work.
Does Registering to Do Business in Pa. Mean Consent to General Personal Jurisdiction?Think back (fondly) to your civil procedure course. In order for a dispute to be litigated in a court, the court must have jurisdiction over the parties. There are two types of jurisdiction, subject matter and personal.
Products Liability and Economic Loss in Pennsylvania After ‘Dittman’ In Dittman v. University of Pittsburgh Medical Center, in the context of cyberhacking litigation, the Pennsylvania Supreme Court changed, and considerably restricted, the scope of the so-called economic loss doctrine (ELD).
‘Tincher’ at 5 Years Old: A Vision Partially Realized Five years ago, the Pennsylvania Supreme Court undertook to modernize Pennsylvania products liability law in its seminal decision of Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014).
Inventive Claims May Be Unconstitutional in Products Liability Cases Products liability litigation has become more sophisticated during the 21st century as products themselves have become more complex, interconnected and regulated.
Mass Tort Refresher: Plaintiffs Attorneys Trolling for the Risk-Adverse Defendant It has become commonplace in many jurisdictions for plaintiffs attorneys to make settlement demands far in excess of the verdict potential—hoping a defendant will throw settlement dollars in an effort to bring a reasonable number to resolve the case.
When Automobile Safety Features Are Missing or Simply Fail to Work The marketing of safe products should ordinarily include all the available safety features warranted to protect consumers from harm. When a manufacturer decides to make safety an option, then it takes the risk that it will be liable for harm caused by putting profits before safety.
5 Things Plaintiffs Counsel Should Know About the Settlement-Distribution Process Ensuring the members of the class receive their share of the proceeds requires expertise in a unique and specialized universe of regulation and market factors, along with the management prowess to effectively marshal classes that can contain millions of members and distributions into billions of dollars.