Josephine Far

Josephine Far guides clients through complex litigation, focusing her practice on product liability and mass tort matters for pharmaceutical and consumer product companies all over the country. Josephine is skilled in all stages of litigation, including drafting pleadings, motions and briefs; preparing for trial; and developing strategies for clients.

View the full bio for Josephine Far at the Faegre Drinker website.

Articles by Josephine Far:


Software Liability: Why a Michigan Federal Court Decision is Relevant to Product Manufacturers Nationwide

Numerous products in our day-to-day lives incorporate or consist of software. The legal system, however, has been hesitant (at best) to bring software within traditional product liability regimes. Courts have grappled with whether to consider software a product and have largely found that it is not. However, a recent decision in the Western District of Michigan holds that software is a product—Holbrook v. Prodomax Automation Ltd., No. 1:17-cv-219, 2021 U.S. Dist. LEXIS 178325 (W.D. Mich. Sept. 20, 2021). While Holbrook may be an outlier, it is significant. It bucks the trend, and potential defendants should be aware of it.

Background: Holbrook involved a wrongful death suit arising out of an accident on a robotic assembly line. The decedent’s estate (Plaintiff) brought a common-law negligence claim against multiple defendants, including the manufacturer who designed, built, and installed the assembly line. Plaintiff’s claim was based, among other things, on the software controlling the robots.

Continue reading “Software Liability: Why a Michigan Federal Court Decision is Relevant to Product Manufacturers Nationwide”