In a case involving an allegedly defective product manufactured outside the United States, the manufacturer may quickly file a motion to dismiss for lack of personal jurisdiction. Alternatively, it may be impossible to secure service upon an overseas manufacturer of a product. In either situation, an attorney who happens to represent a U.S. distributor of the product may be wondering if the U.S. client will be left holding the bag for a manufacturing defect (i.e., strict liability) if the manufacturer is dismissed.
Indiana House approves COVID-19 liability protection bill
The Indiana House has approved legislation that would protect businesses from COVID-19-related lawsuits. The measure slightly differs from a liability protection measure passed last week by the state Senate.Read More
Web Exclusive: Hoosiers impacted by vaping health concerns
As health concerns linked to vaping continue to grow, a Carmel teen has joined the slew of vapers nationwide who are suing the country’s most popular e-cigarette giant, Juul Labs.Read More
An Oregon woman who brought product liability claims in a short-form complaint against Indiana-based Cook Medical could not succeed on appeal because her claims were untimely, the 7th Circuit Court of Appeals has affirmed.
After Cook, Inc., had a pair of complaints dismissed from a multi-district litigation by arguing the opposite of what it had asserted against other complaints filed in the same MDL, the 7th Circuit Court of Appeals reinstated the two lawsuits, finding the switcheroo was not fair to the plaintiffs.
The justices did not comment in rejecting the company’s appeal. The company argued that it was not treated fairly in facing one trial involving 22 cancer sufferers who came from 12 states and different backgrounds.
The Indiana Product Liability Act (IPLA) can prove confusing for litigants unfamiliar with its many nuances. While the burden of proving duty, breach, causation, and damages rests with the plaintiff in a civil action, in practice, defense attorneys are often tasked with extricating a defendant that has no duty of care with respect to the specific claims brought against it.
Indiana businesses and others now have broad protections from lawsuits by people blaming them for contracting COVID-19 under a new state law signed by Gov. Eric Holcomb.
President Joe Biden joined a Florida community Sunday in remembering the 17 lives lost three years ago in the Parkland school shooting massacre.
Legislation to provide businesses and individuals with protection from COVID-related civil liability is getting closer to the governor’s desk, with the Indiana House amending the bill and setting it up for a final House vote Thursday.
As new vehicle models are released each year, automated driving technologies become increasingly available to consumers. Experts say attorneys will need to familiarize themselves with the evolving technology to be equipped for future cases and how it may fundamentally change their practices.
Businesses, not-for-profits, schools, religious organizations and other entities could soon be shielded from responsibility for COVID-19 infections.
Manufacturers operating in an international market must be prepared to defend their products in any venue. Risk assessment and hazard analysis is a “prepackaged” tool the manufacturer can use in defending product liability lawsuits; it shows how the manufacturer considered and accounted for risk at every stage of the design process.
A panel of the Indiana Court of Appeals narrowed the claims of women who sued pharmaceutical giant Bayer claiming alleged defects in the permanent birth control device Essure. The ruling Wednesday came after the Indiana Supreme Court remanded the case for the appeals court to address the viability of plaintiffs’ claims.
As the novel coronavirus began its spread across the United States, virtually every industry adjusted operations. That includes the manufacturing industry, which was faced with the dichotomy of the need for layoffs and the need for additional output. But as these businesses have aided in the effort to slow the spread of the virus, industry experts say there’s a shadow over their work: the fear of liability lawsuits.
The Indiana Court of Appeals will need to go back and consider the viability of each claim brought by more than 30 women who sued a medical company over one of its birth control products, the Indiana Supreme Court ordered on Friday.
A Southern Indiana machinery worker’s failure to follow warnings and instructions on a woodcutting machine he was using were the cause of injuries he sustained on the job, the Indiana Court of Appeals concluded on Monday. As such, the machinery’s manufacturer couldn’t have reasonably expected the accident.
Indiana Supreme Court justices Monday answered in the negative a question of whether the Indiana Products Liability Act’s statute of repose may apply to a judicially-created exception to the rule, finding it could not be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of a disputed product.
A federal judge has vacated a $3 million jury award against Cook Medical, saying a Georgia woman who sued the Bloomington-based device maker “did not have overwhelming evidence” to show the company’s implanted blood-clot filter was defective or caused her injuries.
A pharmaceutical giant sued by dozens of women who claim they were injured by the company’s permanent contraceptive device did not convince the Indiana Court of Appeals on Tuesday to grant its motion for judgment on the pleadings.
The Indiana Supreme Court has agreed to provide clarification on whether the Indiana Products Liability Act’s statute of repose may apply to a judicially created exception to the rule.