Showing 4 posts in Product Liability.
On May 1, the Missouri House passed reform legislation that would impact venue and joinder rules in tort actions in the State of Missouri. The legislation will be presented to Governor Parsons now for approval. The bill provides that a rebuttable presumption exists that a plaintiff resides (and thus venue is proper) where the plaintiff is registered to vote at time of his or her injury. If the plaintiff resides outside of Missouri, venue is proper where an individual defendant resides. More »
PRODUCT LIABILITY CLIENT ALERT: Pennsylvania Federal Court Finds Amazon Not Liable for Third-Party Vendor’s Product
On December 21, 2017, the Pennsylvania Federal Court in Oberdorf v. Amazon, No. 4:16-CV-01127, (M.D. Pa. 2017) addressed whether Amazon, under Pennsylvania’s products liability law, should be considered the “seller” of a defective dog leash which allegedly partially blinded Plaintiff Heather Oberdorf. More »
Illinois Supreme Court Applies Discovery Rule Extending Statute of Limitations Period in Wrongful Death and Survival Actions
On September 22, 2016, the Illinois Supreme Court issued its opinion in Randall W. Moon v. Clarissa F. Rhode et al. (2016 IL 119572), holding that the discovery rule found in section 13-212(a) of the Code of Civil Procedure (735 ILCS 5/13-212(a)) was applicable to Wrongful Death and Survival act claims alleging medical malpractice. Generally, statutes of limitation set deadlines for which plaintiffs must bring claims, however, in certain situations the deadline may be extended by what is referred to as the “discovery rule.” Although the Court’s opinion was in the context of a medical malpractice case, the discovery rule that the Court held to apply in section 13-212(a) of the Code for medical malpractice claims also appears in section 13-213(d) of the Code for product liability claims. This decision may provide support for plaintiffs and courts in Illinois to extend the application of the discovery rule to Wrongful Death and Survival act claims in product liability matters. More »
In other articles, we have discussed the importance of obtaining social media data in pre-suit investigations and how to conduct social media discovery in pending litigation. As we discussed there, photographs, video and the like information can all be used for evidentiary purposes to demonstrate state of mind, the existence of mental or cognitive disabilities (or the lack thereof) and the level of activity enjoyed by a litigant. In those articles, we have focused primarily on recovering such evidence from Facebook since it is one of the most prevalently used social media platforms and permits users to download (at least arguably) the most helpful data. However, Facebook is not the only source of social media data and any thorough investigation should also involve identifying and requesting photographs, video, status updates or comments from other social media platforms. More »
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- Prejudgment Interest Starting as Early as the Time of Injury? At a Rate of 9% Interest? A Bill Sits on Illinois’ Governor’s Desk.
- Now That Vaccine Distribution Has Begun, What Issues Do Employers Face?
- Immunity From Liability For Healthcare Facilities and Healthcare Professionals in the Continuing Battle Against the Covid-19 Pandemic
- A National Approach to Biometric Privacy
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