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Articles Posted in Defective Products

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Plaintiff in Defective Tire Wrongful Death Case Will Not Have Evidence Excluded for Spoliation

The plaintiff in a wrongful death case that had been filed after the death of her husband received some good news last month when an appellate court affirmed a district court’s ruling not to bar the plaintiff from introducing certain evidence at trial. Because of the recent appellate ruling, the…

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Federal Appeals Court Reverses Judgment Against Plaintiff in Product Liability Claim

The United States Court of Appeals for the Seventh Circuit recently published an opinion partially reversing a district court’s ruling in favor of the defendant in a product liability lawsuit filed by a man who was seriously burned in a fire that ignited while he was using a cleaning product…

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Plaintiff in Personal Injury Lawsuit Successfully Uses Work Product Doctrine to Suppress Presumably Unfavorable Expert Report

The Supreme Court of Missouri recently released an opinion reversing a trial court’s preliminary ruling to grant a personal injury defendant’s request to further question an expert witness. The expert had been formerly proposed by the plaintiff as an expert witness, but the plaintiff later “de-endorsed” the expert witness weeks…

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$7 Million Verdict Awarded to Cancer Victim in Baby Powder Lawsuit

A Missouri jury recently found that the manufacturer of a baby powder product containing talc and marketed for personal hygiene was liable for negligence and product liability after the plaintiff developed a case of ovarian cancer as a result of using the product as it was marketed. According to a…

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State Supreme Court Affirms Wrongful Death Verdict in Favor of Smoke Detector Manufacturer

The Supreme Court of the State of Alabama recently published an opinion that affirmed a lower court’s ruling in favor of the defendants regarding a wrongful death claim filed against the manufacturer of a smoke detector that failed to prevent the death of the plaintiffs’ daughter in a 2011 mobile home…

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General Motors Faces Appellate Defeat in Ignition Switch Case

The Second Circuit Court of Appeals recently released an opinion that will allow several tort claims against General Motors related to a faulty ignition switch to proceed. According to a New York Times article discussing the recent opinion, the ruling stands in the face of a 2009 bankruptcy court ruling, which…

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Federal Appeals Court Affirms Judgment for Defendant in Product Liability Lawsuit

The Eighth Circuit United States Court of Appeals recently released an opinion affirming a jury verdict in favor of a defendant after a trial was held on the plaintiffs’ allegations surrounding the death of their 23-month-old son. The boy drowned in a pond after he climbed from his crib in the middle…

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Jury Finds General Motors Not Liable for Crash Alleged from Recalled Ignition Switch

A New York jury recently reached a verdict in favor of the defendants in a product liability lawsuit that was filed by a couple who alleged that they were injured in a 2014 accident that was caused by a faulty ignition switch in their 2007 Saturn Sky. The jury found…

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Personal Injury Appeal Dismissed Based on Plaintiff’s Failure to Preserve Error

Earlier this month, a federal circuit court of appeals issued a written opinion that makes clear the importance of having attentive and knowledgeable attorneys involved in a personal injury case. In the case of Stults v. International Flavors, the appellate court dismissed the plaintiff’s claims because they failed to make…

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Johnson & Johnson to Pay $72 Million after Product Liability Lawsuit

Earlier last month, a jury awarded the family of a woman who died from ovarian cancer roughly $72 million against the defendant, health-care manufacturing giant, Johnson & Johnson. According to one article following the case, $10 million of the verdict was for compensatory damages and $62 million were for punitive…

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