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Articles Posted in Products Liability

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Judge Reduces Total Amount of Damages Owed by Defendant in Asbestos Lawsuits

A federal bankruptcy judge entered an order approving the total damage amount requested by the debtor, a company named as a defendant in multiple asbestos exposure lawsuits. In re Garlock Sealing Techs., No. 10-31607, order (Bankr. W.D.N.C., Jan. 10, 2014). The total amount available to claimants, who are acting as…

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Court Approves Settlement in BP Oil Spill Class Action Lawsuit

A federal appellate court approved class certification and a settlement in a class action lawsuit based on the 2010 explosion and oil spill on an oil drilling rig operated by British Petroleum (BP) in the Gulf of Mexico. In re Deepwater Horizon, et al, No. 13-30095, slip op. (5th Cir.,…

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DC Appellate Court Affirms that OSHA’s Hazardous Material Regulations Do Not Preempt Personal Injury Claims Under State Law

The D.C. Circuit Court of Appeals rejected a challenge by the American Tort Reform Association (ATRA) to recent changes made to a federal regulation affecting hazardous materials. The Occupational Safety and Health Administration (OSHA) amended its hazard communication (HazCom) standard in March 2012. ATRA claimed that OSHA overstepped its authority,…

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Federal Government Sues Contractors in Washington DC Court Over Allegedly Defective Material Used in Body Armor

A whistleblower lawsuit accuses several government contractors of providing material used in bulletproof vests to law enforcement agencies around the country, despite allegedly knowing about defects in the material that caused it to degrade over time and offer reduced protection. The federal government intervened in the lawsuit, and recently obtained…

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D.C. Court Dismisses Consumer Product Lawsuit for Lack of Standing

The U.S. District Court for the District of Columbia handed down a case earlier this year, Johnson v. QUAKER OATS COMPANY, Dist. Court, Dist. of Columbia 2013, in which it reiterated the requirements regarding standing in order to bring a lawsuit. The plaintiff filed a lawsuit against the Quaker Oats…

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Johnson & Johnson Reportedly Set to Pay $4 Billion in Hip Replacement Settlement

Johnson & Johnson has reportedly reached a tentative agreement in regards to a class action lawsuit involving the Articular Surface Replacement, or A.S.R., the all metal hip replacement sold by DePuy which allegedly caused widespread health complications in patients who received the device. The tentative agreement, which requires court approval,…

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Defective Bed Rails Lay Potential Groundwork for Class Action Lawsuit

A tool believed to help make seniors safer by keeping them from falling out of their beds, may actually be more dangerous than perceived. According to several accounts, thousands of frail, confused or elderly people have been injured and hundreds killed after becoming trapped in safety rails installed to keep…

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Man’s Family Finally Receives Long Awaited Settlement in Personal Injury Negligence Lawsuit

A Pennsylvania jury recently awarded a man $1.3 million for the severe injuries he sustained as a result of a fall as he was attempting to repair a 40 foot tall cell phone tower. The lawsuit was initially filed in February of 2002, following an incident that occurred in September…

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FDA Sends Letter to Makers of da Vinci Surgical Robot Regarding Safety Concerns

According to reports, The Food and Drug Administration (FDA) has sent a warning letter to Intuitive Surgical, Inc., the makers of the da Vinci surgical robot, notifying the company that it violated federal procedures by circumventing the requirement of notifying the FDA prior to notifying its customers regarding problems with…

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Supreme Court Rules Against Patients in Generic Drug Maker Liability Case

The U.S. Supreme Court ruled recently regarding the liability of a generic drugmaker whose pain reliever left a woman severely disabled. The lawsuit itself, Mutual Pharmaceutical Co., Inc. v. Bartlett, centered on the fact that the label for the anti-inflammatory did not carry a warning regarding the potential rare side…

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