A settlement has been reached in Mohr v. Daimler Chrysler Corp., a products liability case which alleged defects in a 2000 Dodge Caravan. The Court of Appeals affirmed almost $5,000,000 in compensatory damage awards for the death of the driver and front-seat passenger in the case. The court also affirmed…
New Chrysler (Chrysler Group LLC) has announced that it will be accepting product liability claims on vehicles manufactured by its predecessor, now known as Old Carco, but only for accidents occurring after June 10, 2009. Chrysler yielded to pressure from consumer groups that aggressively lobbied for a law requiring warning…
The Consumer Product Safety Commission has renewed warnings to parents that certain bassinets made by Simplicty present a risk of death to children. From the press release: [The CPSC] is once again urging all parents and caregivers to immediately stop using convertible "close-sleeper/bedside sleeper" bassinets manufactured by Simplicity Inc., of…
AAJ is sponsoring a pharmaceutical and medical device seminar at the Venetian in Las Vegas on September 24-25, 2009. The seminar, open only to AAJ members who represent plaintiffs, offers 11.25 CLE hours. The seminar is an effort lead by AAJ’s Section on Toxic, Environmental, and Pharmaceutical Torts (STEP), which…
For the last five or six years my friend Bill Marler, food poisoning lawyer extraordinaire, and I have worked together on food poisoning cases. Bill knows this area like the back of his hand and is widely understood to be the lawyer with the greatest expertise in this field. One thing I really…
The current Brooklyn Law Review contains this article by Ken Ross and J. David Prince provides an overview of the post-sale duty sections of the Restatement (Third) of Torts: Products Liability. The article provides an overview of the Restatement (Third)’s post-sale duty sections. In addition, it discusses relevant case law…
The Supreme Court of Appeals of West Virginia has ruled that a products liability claim was preempted by FMVSS 205, a safety standard that it says permits vehicle manufacturers to make a choice between tempered glass and laminated glass in side windows. The court felt compelled to rely on Geier…
Here is a copy of the court order in the GM bankruptcy that makes tort victims stand in line with other general creditors of the company. The discussion of successor liability issues begins on Page 50. Here is key language from Page 60 and 61: This Court fully…
The current Brooklyn Law Review contains this article by Ken Ross and J. David Prince provides an overview of the post-sale duty sections of the Restatement (Third) of Torts: Products Liability. The article provides an overview of the Restatement (Third)’s post-sale duty sections. In addition, it discusses relevant case law…
The New York Times reports that General Motors wil not be let off the hook for future products liability claims when it emerges from bankruptcy.