Theodore O'Reilly

Teddy O’Reilly navigates complex product liability matters, counsels clients through all steps of litigation and advises them on preventing potential issues before they arise. He has a broad range of litigation experience, and he has generated positive results for clients in business litigation cases, wage-and-hour disputes, trade secrets disputes, criminal defense, civil RICO and bankruptcy proceedings, and other matters.

View the full bio for Theodore O'Reilly at the Faegre Drinker website.

Articles by Theodore O'Reilly:

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.

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