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In the Legal’s product liability supplement, articles focus on medical apps, the post-“Tincher” world, discovery and other topics.

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Mobile Medical Apps and Products Liability Collide
What types of applications do you have on your smartphone? Besides the usual—Facebook, Google and Instagram—chances are that you have a health-related app as well. Read more


After ‘Tincher,’ Tried and True Products Liability Defenses Remain Just That
Since the Pennsylvania Supreme Court’s 2014 decision in Tincher v. Omega Flex, courts and practitioners alike have struggled to discern the legal standard for determining whether a product is defective under Pennsylvania product liability law. Read more


Liability Insurance Rights Can Follow the Liability
Corporate deal lawyers had for many decades designed corporate acquisitions and divestitures on the long-held foundation that historical rights to insurance proceeds were freely assignable, and that the rights to the proceeds of liability insurance could freely follow the liabilities. Read more


Conducting Discovery in Your Products Liability Case
Products liability cases can be simple straightforward cases—where there is perhaps a manufacturing defect that results in a clear failure of a product—or they may be much more complicated, as with design defect cases—where you are proposing that the design of a product could be safer or should not be on the market at all. Perhaps you have a failure-to-warn case, where the pro Read more


Hit With Frivolous Litigation? Sanctions and Other Relief
If you look at the Federal Rules or the Rules of Civil Procedure in any state, you will not find any exception to the requirement that you shall not file frivolous cases, that you must reasonably investigate every case before you file it, and that you shall not continue with cases after the absence of merit has become apparent. Read more


The State of General Personal Jurisdiction After ‘Daimler’
The Daimler decision significantly narrowed the scope of when it is constitutionally permissible to exercise general personal jurisdiction over a corporation. Read more


The Role of Affirmative Defenses in Opposing Class Certification
Two lines of authority, one obsolete and the other misunderstood, are the apparent sources of this misguided assertion. Read more


Liability for Replacement Parts in a Post-’Tincher’ World
Pennsylvania has applied Section 402A of the Restatement (Second) of Torts as the basis for strict products liability. Read more