An efficient product liability practice must be multifaceted and diverse
The title of this article can be read in different manners. It can be perceived as bold, mysterious, obvious or aggressive21/08/2020
Product Liability
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Just Who is a Member of the Class? “Ascertainability” in US Products-Liability Class-Action Litigation
An important issue with which the US courts are currently grappling in products-liability class-action litigation involves situations in which the named plaintiff (and, presumably, other members of the class that he or she seeks to represent) lacks physical proof, such as a sales receipt,...23/03/2016 Mary T Yelenick, Norton Rose Fulbright, US
Product liability and the evolving landscape of expert evidence admissibility in Canada
Expert evidence is crucial in almost all Canadian product liability cases.23/03/2016 Robert B Bell, Lerners, Canada Jameel Madhany, Lerners, Canada
Application for conciliation as a means for suspending the limitation period in product liability cases
In German law there are different ways to achieve a suspension of the limitation period23/03/2016 Stefan Rützel, Gleiss Lutz, Germany Eric Wagner, Gleiss Lutz, Germany
The Rise of Class Actions “À La Française”
For years, the introduction of a class action mechanism under French law was discussed and delayed due to political and procedural constraints23/03/2016 Cécile Derycke, Hogan Lovells, France Christine Gateau, Hogan Lovells, France
New High Court authority for failure to warn cases
One of the most interesting cases in 2013 in the product liability space is Wallace v Kam [2013] HCA 19. In Wallace v Kam, the High Court held that a medical practitioner was not liable for physical injury sustained by a patient as a result of an inherent risk materialising in a medical procedure,...
13/05/2015 Amanda Turnill, Baker McKenzie, Australia
Product Liability in Germany
Looking at recent decisions of German courts in the field of Product Liability, two themes are worthwhile to discuss:
(1) Foreseeable misuse in connection with the installation of a product
The German Bundesgerichtshof (Federal Supreme Court) recently decided a case in which the plaintiff had...
01/09/2014 Michael Molitoris, Noerr, Germany
Survey of product liability design defect requirements
In products liability cases, plaintiffs often allege that the product was defectively designed and inherently dangerous. Knowledge of the applicable state law for design defect is critical. The test for whether a product is inherently dangerous has evolved in recent years from the "consumer...
28/04/2014 Christy D Jones, Butler Snow, US Mike McWilliams, Butler Snow, US Ashonti Davis, Butler Snow, US Margaret Smith, Butler Snow, US
Shifting fortunes in product liability class actions in Canada
During the relatively short history of class proceedings in Canada, manufacturers of products have found themselves at the receiving end of a significant number of class action claims. To date, the main battleground in respect of these claims has been the certification motion. Overall, the...
01/03/2014 Peter J Pliszka, Fasken Martineau DuMoulin, Canada
Legal and ethical issues with the use of unlicensed medicines
In the current climate of austerity, the NHS is seeking ways to contain costs of treatment. A particularly effective way is the substitution of expensive medicines with either generic formulations when available in the market place or other sometimes older pharmacologically similar products which...
01/03/2014 Peter Feldschreiber, 4 New Square, United Kingdom
Product liability for suspected defects? Landmark ruling by ECJ awaited
The German Federal Court of Justice (Bundesgerichtshof - BGH) has referred to the European Court of Justice (ECJ) the question as to whether producers can be held liable for suspected defects.
The ruling of the ECJ on this question might influence many rulings on product liability law. The question...
01/03/2014 Ina Brock, Hogan Lovells, Germany
The worrying changing face of French product liability law
Historically product liability arose from case law based on the general law of obligations, in particular, civil tort liability. It implied a fault of the manufacturer or distributor in the design or manufacture of the product, a loss, most of the time bodily injury, and a causal link between the...
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