In a decision reinforcing the importance of expert testimony in design defect and failure to warn cases, the Eastern District of New York recently dismissed claims against the makers of PAM cooking spray.
Continue reading “Lack of Admissible Expert Evidence Combusts PAM Can Claims in EDNY”
Aligning with neighboring New York, and clearing up conflict within the Appellate Division, the New Jersey Supreme Court ruled equipment manufacturers can be held strictly liable on the basis of failure to warn for asbestos-containing component parts made or supplied by third parties. Whelan v. Armstrong Int’l, Inc., (N.J. 6/3/20).
With no approved vaccine, the world waits for the next big breakthrough in 2020’s medical emergency. Some companies already claim to have found it – and subsequently received warning letters from the Federal Trade Commission (FTC) for misbranding. The FTC is targeting companies promoting products with supposed COVID-19 cures, treatment or prevention for making illegal, unsubstantiated claims.
One of the FTC’s objectives is eliminating false and misleading information from the marketplace. The FTC Act defines false advertising as misleading in a “material respect,” which includes both affirmative statements and failure to “reveal facts material in the light of [the product’s] representations[.]” See 15 USC 55(a)(1).
In an important decision in accord with the U.S. Supreme Court’s 2017 landmark ruling on personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of Calif., 137 S. Ct. 1773 (2017) (BMS), the Illinois Supreme Court held that Illinois courts may not exercise personal jurisdiction over claims of out-of-state plaintiffs for personal injuries suffered outside of Illinois from a device manufactured outside of Illinois. Rios v. Bayer, 2020 IL 125020 (June 4, 2020).
Lawyers continue to work during the COVID-19 pandemic. As we discussed in a previous post, for litigators this may involve participating in remote depositions as courts attempt to keep discovery moving. We also provided tips for lawyers taking remote depositions. With thanks to our Faegre Drinker colleagues who have ventured into this new world and shared a great deal of useful advice with the authors, here we discuss some of the practical considerations for lawyers defending remote depositions.
The COVID-19 pandemic continues to keep many lawyers, clients and witnesses at home. As we discussed in a previous post, many courts are encouraging or requiring remote depositions, typically by videoconference, to keep discovery moving. Lawyers taking these depositions will have to do all of the things they usually do and more to deal with the challenges of a deposition environment unfamiliar to many of us.
Continue reading ““Deposition Distancing”: Practical Considerations for Taking Remote Depositions”
