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Colorado Increases Damages Caps in Personal Injury and Wrongful Death Actions
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“More Likely Than Not”: New Amendments to FRE 702 Demand More Exacting Standard for Admitting Expert Testimony
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SCOTUS Upholds PA's Consent to Personal Jurisdiction Requirement in Mallory v. Norfolk Southern Railway Co.
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New York’s Governor Vetoes Expansion of Wrongful Death Damages – For Now
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Cannabis and Hemp Companies Disregard Emerging Product Liability Risks at Their Peril
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Serving Taiwanese Defendants by Mail under the Federal Rules
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New York Amends the New Insurance Disclosure Requirements
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New York Enacts New Rule of Evidence Expanding the Scope of the Admissibility of Employee-Agent Hearsay Statements
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Amendments to New York’s Onerous New Insurance Disclosure Requirements May Be Imminent
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New York Ends the Year with Onerous New Insurance Coverage Disclosure Rules for Defendants in Product Liability Litigation
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California’s SB 447 – Increasing the Danger in One of the Country’s Most Favorable Venues for Personal Injury Plaintiffs
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Delta-9 THC Products from Hemp Are a Risk Not Worth Taking
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NY’s Highest Court Issues Noteworthy Decision on the Limits of Personal Jurisdiction over Foreign Corporations
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Litigation Funding May Soon Be Addressed by New York’s Legislature
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Third Circuit Sends Questions Regarding Medical Device Liability to Pennsylvania Supreme Court for Review
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Despite Tincher, Pennsylvania Superior Court Determines “Industry Standards” Is Still Not a Viable Defense to Product Liability Claims
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The SCOTUS Decision in Ford v. Montana and Its Impact on the Defense of Life Science Companies
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SCOTUS Slams the Brakes on Ford’s Personal Jurisdiction Defense
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New Rules Bring Big Changes to New York Practice
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Reinforcing Purposeful Availment
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The Law of Personal Jurisdiction Is About to Be Changed Again – What Life Science Companies Should Expect
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New York Finally Passes Legislation Regulating the Use of E-Bicycles and E-Scooters
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Will the PREP Act Adequately Protect U.S. Automakers That Are Now Making Ventilators from Future Product Liability Claims?
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New York’s Governor Ends Year with Three Important Legislative Vetoes
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New York Legislature Declines to Expand Wrongful Death Damages
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NY State May Soon Increase Recoverable Wrongful Death Damages
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The Daubert Standard Once Again Controls in Florida State Court
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The NY Court of Appeals Addresses “Optional Safety Equipment” in Fasolas v. Bobcat of N.Y., Inc.
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As Electric Scooters Barrel Their Way into the Sharing Economy, Manufacturers and Their Insurers Should Prepare for an Influx of New Claims
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What’s up on Prop 65 three months after new regulations?
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Frye Is Now, and Once Again, the Standard for Expert Opinion Admissibility in Florida
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The Motion for Partial Summary Judgment: The Litigator’s Often Forgotten Tool
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Never-Ending Liability Under Novartis
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Lithium-Ion Batteries: Fire in the Sky?
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Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology
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3D Printed Medical Implants: Should Laws and Regulations Be Revolutionized to Address This Revolutionary Customized Technology?
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Cross-Examining the Expert Witness in a PL Case Part II: What Are the Relevant Facts & Data?
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Licensors Beware: Substantial Participation in Design, Manufacture and/or Distribution of Licensee’s Product May Impose Liability Under Apparent Manufacturers Doctrine (AMD)
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Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge
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WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?
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Equipment Manufacturers: Beware of the Rental Yard Customer When Safety Features Are Optional
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Lithium-Ion Batteries: Hoverboard Suspected in Fatal Fire
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A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally
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California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases
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Government Contractor Defense May Apply to Commercially Available Products
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New York Appellate Courts Now Unified on Hague’s “Send versus Serve” Issue
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CSST Found to Be Ordinary Building Material under Virginia’s Statute of Repose – For a Second Time
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Revisiting the Post-Sale Duty to Warn
Read MoreLithium-Ion Batteries: Small Products, Big Exposures
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Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases
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U.S. CPSC Oversees Recall of Hoverboards Citing Risks Associated with Lithium-ion Battery Packs
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Pokémon GO: An Indicator of Product Liability in the App Economy
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How Far Is Too Far? New York Clarifies Potential Warnings Liability for Third-Party Products
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Mobile Apps − Has the Marketplace Downloaded Potential Product Liability Risk?
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Defending against Product Liability Down Under
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UL Issues First Safety Certification for Hoverboards
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Using a Special Needs Trust in the Settlement of a Product Liability Lawsuit
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The Rise of Driverless Cars
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Hoverboards Under Attack
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Florida Supreme Court on Evidence of Collateral Source Benefits
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Where’s the Beef? Are Stricter Warning Label Requirements on the Horizon for the Meat Industry?
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Is Our Legal System Ready for the Evolution of 3D Printing Technology?
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“Force of Nature” or Human Error? Litigating the Act of God Defense
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Dealing with Product Liability Down Under
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A Picture Paints a Thousand Words: Video Recording an Accident Demonstration
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Defense and Indemnity Demands in Today’s Global Marketplace
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Even the Great Wall of China Can’t Hide a U.S. Distributor in a Product Defect Lawsuit
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WARNING! If You Assume Your Case Will Survive Because You Have a “Creative” Warnings Expert, You Do So At Your Own Risk
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Is International Service of Process by Mail Permitted?
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A “Good” Deed Goes Unpunished
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Here Comes the Sun…
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Is There Anything “Good” about the “Good Samaritan” Rule?
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The Connecticut Supreme Court restricts the plaintiff’s ability to rely on the “Malfunction Doctrine” to support a Product Liability claim
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Does Pennsylvania Permit Manufacturing Defect Claims Involving Medical Devices?
Read More
The Government Contractor Defense
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Home or Away? Where Should That Deposition Take Place?
Read More
Daubert Déjà Vu
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Cornell Ruling Is Cause for Experts’ Concern
Read More
It’s the Mediator’s Form Agreement—Not Yours
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Third District Applies Daubert Retroactively
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Optional Safety Features: Let the Sophisticated Purchaser Decide
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Social Media as a Risk Management Tool?
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Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”
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My Structured Settlement Broker or Yours?
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Do You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods
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Why Do Florida Plaintiff’s Attorneys Dread the Application of Daubert?
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Discovery Deconstructed
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Florida’s More Stringent Daubert Standard: Part 1
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Dramatic, Disruptive and Potentially Defective: 3D Printing and Product Liability Law
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Social Networking: From Chat Room to Court Room?
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Welcome to Wilson Elser’s Product Liability Blog
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Review of Recent Updates to the Local Rules of SDNY and EDNY
Colorado Increases Damages Caps in Personal Injury and Wrongful Death Actions
“More Likely Than Not”: New Amendments to FRE 702 Demand More Exacting Standard for Admitting Expert Testimony
SCOTUS Upholds PA's Consent to Personal Jurisdiction Requirement in Mallory v. Norfolk Southern Railway Co.
New York’s Governor Vetoes Expansion of Wrongful Death Damages – For Now
Cannabis and Hemp Companies Disregard Emerging Product Liability Risks at Their Peril
Serving Taiwanese Defendants by Mail under the Federal Rules
New York Amends the New Insurance Disclosure Requirements
New York Enacts New Rule of Evidence Expanding the Scope of the Admissibility of Employee-Agent Hearsay Statements
Amendments to New York’s Onerous New Insurance Disclosure Requirements May Be Imminent
New York Ends the Year with Onerous New Insurance Coverage Disclosure Rules for Defendants in Product Liability Litigation
California’s SB 447 – Increasing the Danger in One of the Country’s Most Favorable Venues for Personal Injury Plaintiffs
Delta-9 THC Products from Hemp Are a Risk Not Worth Taking
NY’s Highest Court Issues Noteworthy Decision on the Limits of Personal Jurisdiction over Foreign Corporations
Litigation Funding May Soon Be Addressed by New York’s Legislature
Third Circuit Sends Questions Regarding Medical Device Liability to Pennsylvania Supreme Court for Review
Despite Tincher, Pennsylvania Superior Court Determines “Industry Standards” Is Still Not a Viable Defense to Product Liability Claims
The SCOTUS Decision in Ford v. Montana and Its Impact on the Defense of Life Science Companies
SCOTUS Slams the Brakes on Ford’s Personal Jurisdiction Defense
New Rules Bring Big Changes to New York Practice
Reinforcing Purposeful Availment
The Law of Personal Jurisdiction Is About to Be Changed Again – What Life Science Companies Should Expect
New York Finally Passes Legislation Regulating the Use of E-Bicycles and E-Scooters
Will the PREP Act Adequately Protect U.S. Automakers That Are Now Making Ventilators from Future Product Liability Claims?
New York’s Governor Ends Year with Three Important Legislative Vetoes
New York Legislature Declines to Expand Wrongful Death Damages
NY State May Soon Increase Recoverable Wrongful Death Damages
The Daubert Standard Once Again Controls in Florida State Court
The NY Court of Appeals Addresses “Optional Safety Equipment” in Fasolas v. Bobcat of N.Y., Inc.
As Electric Scooters Barrel Their Way into the Sharing Economy, Manufacturers and Their Insurers Should Prepare for an Influx of New Claims
What’s up on Prop 65 three months after new regulations?
Frye Is Now, and Once Again, the Standard for Expert Opinion Admissibility in Florida
The Motion for Partial Summary Judgment: The Litigator’s Often Forgotten Tool
Never-Ending Liability Under Novartis
Lithium-Ion Batteries: Fire in the Sky?
Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology
3D Printed Medical Implants: Should Laws and Regulations Be Revolutionized to Address This Revolutionary Customized Technology?
Cross-Examining the Expert Witness in a PL Case Part II: What Are the Relevant Facts & Data?
Licensors Beware: Substantial Participation in Design, Manufacture and/or Distribution of Licensee’s Product May Impose Liability Under Apparent Manufacturers Doctrine (AMD)
Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge
WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?
Equipment Manufacturers: Beware of the Rental Yard Customer When Safety Features Are Optional
Lithium-Ion Batteries: Hoverboard Suspected in Fatal Fire
A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally
California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases
Government Contractor Defense May Apply to Commercially Available Products
New York Appellate Courts Now Unified on Hague’s “Send versus Serve” Issue
CSST Found to Be Ordinary Building Material under Virginia’s Statute of Repose – For a Second Time
Revisiting the Post-Sale Duty to Warn
Lithium-Ion Batteries: Small Products, Big Exposures
Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases
U.S. CPSC Oversees Recall of Hoverboards Citing Risks Associated with Lithium-ion Battery Packs
Pokémon GO: An Indicator of Product Liability in the App Economy
How Far Is Too Far? New York Clarifies Potential Warnings Liability for Third-Party Products
Mobile Apps − Has the Marketplace Downloaded Potential Product Liability Risk?
Defending against Product Liability Down Under
UL Issues First Safety Certification for Hoverboards
Using a Special Needs Trust in the Settlement of a Product Liability Lawsuit
The Rise of Driverless Cars
Hoverboards Under Attack
Florida Supreme Court on Evidence of Collateral Source Benefits
Where’s the Beef? Are Stricter Warning Label Requirements on the Horizon for the Meat Industry?
Is Our Legal System Ready for the Evolution of 3D Printing Technology?
“Force of Nature” or Human Error? Litigating the Act of God Defense
Dealing with Product Liability Down Under
A Picture Paints a Thousand Words: Video Recording an Accident Demonstration
Defense and Indemnity Demands in Today’s Global Marketplace
Even the Great Wall of China Can’t Hide a U.S. Distributor in a Product Defect Lawsuit
WARNING! If You Assume Your Case Will Survive Because You Have a “Creative” Warnings Expert, You Do So At Your Own Risk
Is International Service of Process by Mail Permitted?
A “Good” Deed Goes Unpunished
Here Comes the Sun…
Is There Anything “Good” about the “Good Samaritan” Rule?
The Connecticut Supreme Court restricts the plaintiff’s ability to rely on the “Malfunction Doctrine” to support a Product Liability claim
Does Pennsylvania Permit Manufacturing Defect Claims Involving Medical Devices?
The Government Contractor Defense
Home or Away? Where Should That Deposition Take Place?
Daubert Déjà Vu
Cornell Ruling Is Cause for Experts’ Concern
It’s the Mediator’s Form Agreement—Not Yours
Third District Applies Daubert Retroactively
Optional Safety Features: Let the Sophisticated Purchaser Decide
Social Media as a Risk Management Tool?
Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”
My Structured Settlement Broker or Yours?
Do You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods
Why Do Florida Plaintiff’s Attorneys Dread the Application of Daubert?
Discovery Deconstructed
Florida’s More Stringent Daubert Standard: Part 1
Dramatic, Disruptive and Potentially Defective: 3D Printing and Product Liability Law
Social Networking: From Chat Room to Court Room?