Category Archive: Product liability

Sep 02

Virtual Reality Will Change the Way Juries View Evidence

A recent article available at www.digitaltrends.com describes how virtual reality may soon allow jurors to explore crime scenes as they actually appeared.  In the article, Dr. Mehzeb Chowdhury, a researcher in forensic science and criminal investigations at Durham University in the U.K.m describes his MABMAT robotic imaging system as capable of capturing every detail of an …

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Permanent link to this article: http://betweenthenumbers.net/2016/09/virtual-reality-will-change-the-way-juries-view-evidence/

Jun 30

Supreme Court To Address Use of Statistics For Class Action Certification

The April 2013 Supreme Court decision in Comcast Corp. v. Behrend, No. 11-864, was a profound change benefitting companies facing class action lawsuits.  The Court held that a plaintiff seeking certification must establish through “evidentiary proof” that damages can be measured on a class-wide basis.  Individual damage issues can defeat class certification where those issues …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/supreme-court-to-address-use-of-statistics-for-class-action-certification/

Feb 16

Court rules indemnification plaintiff doesn’t have to rely only on former opposing expert.

In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co., the California Court of Appeal in the Second District held that a subsequent indemnity coverage action by an insurer may include expert opinions not presented by the original plaintiff’s experts in the underlying dispute.The underlying plaintiff settled with Costco …

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Permanent link to this article: http://betweenthenumbers.net/2015/02/court-rules-indemnification-plaintiff-doesnt-have-to-rely-only-on-former-opposing-expert/

Aug 27

Lack of Receipts Sinks Class Action Certification

The Northern District of California recently denied class certification related to claims of improper marketing and advertising of Fresh Step cat litter (In Re Clorox Consumer Litigation, Case No. 12-00280-SC (N.D. Cal. July 28, 2014) (ECF No. 129)). One of the reasons was a failure to establish a class that was sufficiently ascertainable, as plaintiffs …

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Permanent link to this article: http://betweenthenumbers.net/2014/08/lack-of-receipts-sinks-class-action-certification/

Jun 25

Ninth Circuit Issues Reminder on Daubert: Trial Court Is A Gatekeeper, Not A Fact Finder

In a recent case involving the City of Pomona (“Pomona”) v. SQM North America Corporation (“SQM”), Pomona alleged that SQM’s importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city.  Although the district court excluded under Daubert the expert testimony of Pomona’s expert witness on causation, the Ninth Circuit reversed the ruling, …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/ninth-circuit-issues-reminder-on-daubert-trial-court-is-a-gatekeeper-not-a-fact-finder/

Aug 01

Appeals Court Rules that “Size Matters”

A recent decision by the Georgia Court of Appeals in the matter of Monitronics v. Veasley upheld a multi-million dollar jury award to an alarm company customer who suffered an in-home assault.  The alarm company argued that their contract included a $250 limitation of liability for any service related losses.  The Appeals Court, in a …

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Permanent link to this article: http://betweenthenumbers.net/2013/08/appeals-court-rules-that-size-matters/

Jul 16

$40 Million Being Distributed to Skechers Customers

The Federal Trade Commission (“FTC”) is currently distributing $40 million in association with its false advertising settlement with Skechers.  The FTC alleged that Skechers had marketed its Shape-up athletic shoes and other toning shoes based on unproven benefits, specifically stating that Skechers “deceptively advertised its toning shoes, including making unfounded claims that its Shape-ups shoes …

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Permanent link to this article: http://betweenthenumbers.net/2013/07/40-million-verdict-in-skechers-case/

Jun 20

Medical Device Manufacturers May be Fighting More Personal Injury Lawsuits in the Near Future

The 2008 Supreme Court ruling in Riegel v. Medtronic held that if a medical device passed the Food and Drug Administration’s (FDA’s) safety review and received premarket approval, federal law barred common-law state claims that challenge the device’s saftey and effectiveness or whether it was being marketed consistent with FDA premarket approval.  Since this ruling, some …

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Permanent link to this article: http://betweenthenumbers.net/2013/06/medical-device-manufacturers-may-be-fighting-more-personal-injury-lawsuits-in-the-near-future/