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Products Liability & Insurance

TOP STORY—WEAPONS AND FIREARMS—Nev.Sup.Ct.: Nevada’s ‘any firearm’ statutory language protects firearm manufacturers and distributors from liability

December 3, 2021 | By Leah S. Poniatowski, J.D.

En banc state high court answers question raised in federal lawsuit filed by mass shooting victim's family. In consideration of the whole text of a Nevada statute that provides immunity to firearm manufacturers and distributors, the legislative histo...

TOP STORY—WEAPONS AND FIREARMS—Nev.Sup.Ct.: Nevada’s ‘any firearm’ statutory language protects firearm manufacturers and distributors from liability

Products Liability & Insurance

TOP STORY—MOTOR VEHICLE EQUIPMENT—Tex.App.: $25M verdict against Honda for defective seatbelt seat belt design upheld

December 2, 2021 | By Pamela C. Maloney, J.D.

A jury finding that despite its compliance with FMVSS, Honda’s detachable anchor seat belt system was negligently and defectively designed was upheld on appeal. A passenger who was seriously injured when the minivan in which she was riding was struck...

TOP STORY—MOTOR VEHICLE EQUIPMENT—Tex.App.: $25M verdict against Honda for defective seatbelt seat belt design upheld

Products Liability & Insurance

TOP STORY—MOTOR VEHICLE EQUIPMENT—10th Cir.: Unclear expert report unravels products liability case against BMW

December 1, 2021 | By Leah S. Poniatowski, J.D.

The exclusion of the expert’s opinions on the design of a spare tire jack and the manufacturer’s intent was upheld on appeal. The dismissal of an automobile owner’s products liability lawsuit against BMW of North America, LLC was affirmed in an unpub...

TOP STORY—MOTOR VEHICLE EQUIPMENT—10th Cir.: Unclear expert report unravels products liability case against BMW

Products Liability & Insurance

TOP STORY—WARNINGS ISSUES—11th Cir.: Alabama Supreme Court to decide if drug companies’ duty to warn includes duty to provide mitigating instructions

November 30, 2021 | By Sherri M. Schroeder, J.D.

The court also was asked to determine whether causation could be shown if the prescribing doctor would have adopted a different course of testing or mitigation, while still prescribing the same drug. The U.S. Court of Appeals for the Eleventh Circuit...

TOP STORY—WARNINGS ISSUES—11th Cir.: Alabama Supreme Court to decide if drug companies’ duty to warn includes duty to provide mitigating instructions

Products Liability & Insurance

TOP STORY—MOTOR VEHICLES—Utah App.: New trial grant upheld in Hyundai car fire case

November 29, 2021 | By Robert B. Barnett Jr., J.D.

The vehicle owners failed to disclose prior to trial a key portion of their experts’ opinions on the cause of the fire. The Utah Court of Appeals has affirmed a trial court’s grant of a motion for a new trial in a products liability case involving a ...

TOP STORY—MOTOR VEHICLES—Utah App.: New trial grant upheld in Hyundai car fire case