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.
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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.
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There were insufficient facts to determine whether personal jurisdiction existed over Samsung SDI in a product liability lawsuit where one of the company’s batteries allegedly exploded in a minor’s pocket, the 7th Circuit Court of Appeals ruled Wednesday.
An Indianapolis woman is suing the maker of the Fitbit smart watch, alleging a defect in her watch’s battery caused it to overheat and gave her thermal burns.
A promotional company that personalizes products shouldn’t be considered the manufacturer of a defective charger that caused a fire, the Court of Appeals of Indiana ruled in affirming a lower court’s decision.
While a Monroe County couple convinced the Court of Appeals of Indiana that a trial court misapplied the state’s product-liability statute in their case, that ruling still didn’t win them any relief for the allegedly defective decks at their home.
The Court of Appeals of Indiana is hitting the road again this week as a panel prepares to hear oral arguments at Notre Dame Law School in a case concerning the use of arsenic to treat a home’s exterior.
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.
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.
Legislation that aims to protect businesses from COVID-19-related lawsuits is heading to Gov. Eric Holcomb’s desk.
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.