Recent Cases

Commercial Equipment

• Lack of fail-safe device on garage gate
• Home was “product” that could not be subdivided for purposes of products liability claim

Drugs

• Dismissal of warranty claims based on lack of notice was inappropriate in Chantix case
• No preemption of claims from generic drug but brand-name manufacturer is not liable for injuries
• Federal law preempts claims against manufacturer based on defendant’s pre-FDA-approval conduct

Food

• Failure to warn of risk of lung damage from microwave popcorn butter flavoring

Industrial Products & Equipment

• Lack of guard over food processing machine’s reciprocating mechanism
• Conveyor system was improvement to real property for purposes of Oklahoma’s repose statute

Medical Products & Equipment

• Sperm bank may be sued in products liability
• Joinder of sales representative in suit against pain pump manufacturer was not fraudulent
• Federal law preempts state law design defect claims against vaccine manufacturer

Tobacco Products

• Company’s use of “light,” “lowered tar” does not fall within deceptive trade practices act exemption

Transportation

• Forum non conveniens dismissal was improper in suit arising out of Mexican collision
• Trial court erred in weighing evidence, concluding plaintiffs failed to raise fact issue on causation
• Court’s order compelling limited production of tire documents was not impermissibly broad
• Navajo Nation courts have jurisdiction over seat belt claim filed by tribal member against nonmember
• Truck manufacturer must abandon express preemption defense; may assert implied preemption

In this Issue

• News: Unregulated public playgrounds expose children to unsafe conditions, defective equipment
• News: Questions about e-cigarettes’ safety raised amid calls for regulation
• Articles
• Updates
• Court Documents