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Recent Cases:

Commercial Products | Drugs | Industrial Products & Equipment | Medical Products
Recreational Products | Tobacco | Transportation

Commercial Products

• Defective design of supply line coupling nut

• City’s failure to identify specific lead paint manufacturers bars recovery of abatement costs

• Arbitration clause in manufacturer-retailer contract did not apply to retailer’s tort suit against manufacturer

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Drugs

• West Virginia rejects learned intermediary doctrine

• Inadequate warning of Vioxx’s risks

• Final rule’s “preemption preamble” does not preempt claims against manufacturers (case one, case two)

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Industrial Products & Equipment

• Texas asbestos plaintiffs must quantify specific exposure, show substantial factor causation

• Insufficiently strong outriggers on personnel lift

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Medical Products

• Inaccurate indicator of tissue thickness in surgical stapler

• No preemption of claims against artificial spinal disk manufacturer

• Federal law does not preempt claim alleging injury from routine childhood vaccines

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Recreational Products

• No inconsistency in jury’s findings that retailer was not negligent in bike assembly but breached warranty

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Tobacco

• There are no cases in this issue.

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Transportation

• Unreasonably dangerous tow dolly

• Defective recliner mechanism in SUV seatback

• Insufficient roof strength in minivan

• Plaintiffs sufficiently pleaded fraud against aircraft maker based on training course representations

• Defective seat restraint in SUV

• Insufficient roof strength in tractor-trailer

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