Products Liability Law Reporter | The American Association For Justice

Products Liability Law Reporter

2019 August/September

Volume 38, No. 4

The Products Liability Law Reporter features verdicts, settlements, and court decisions in the field of products liability. It is published six times annually. Members also receive a monthly e-newsletter containing news stories, additional case reports, reports of government regulatory actions and product recalls, and links to recent articles published in the media and scholarly journals.

E-NewsLetters

  • August 13, 2019
  • September 10, 2019

Consumer Products & Equipment

  • Johnson & Johnson liable for longtime talcum powder user’s pleural mesothelioma
  • Summary judgment for manufacturer proper where plaintiff failed to identify miter saw’s seller or prove product was unmodified at time of sale
  • Defective ladder claim may proceed despite plaintiff’s contradictory deposition testimony
  • Sellers of at-home hair relaxer not liable to user who failed to follow product warnings
  • Baby powder user develops malignant mesothelioma

Drugs

  • Concealment of Pradaxa’s bleeding risks
  • Risperdal user’s failure to proffer adequate expert disclosures warrants summary judgment for manufacturer

Firearms

  • Gun manufacturer not entitled to dismissal of products liability claims arising out of teen’s gunshot death

Household Products & Equipment

  • New Jersey products liability statute does not cover claims for excessively hot microwave handles

Industrial Products & Equipment

  • Summary judgment improper where defendant failed to show coke ovens are not products for strict liability purposes
  • Wrongful death claims against mesothelioma victim’s employer barred, but suit may proceed under premises liability theory
  • Summary judgment was proper where plaintiffs failed to provide evidence of shipyard worker’s actual exposure to asbestos-containing product

Medical Products & Equipment

  • Wheelchair lift’s abrupt stop caused user to fall onto staircase
  • Learned intermediary doctrine applied to patient’s failure-to-warn claim despite assertion that product rep had influenced treating physician

Tobacco

  • Trial court erred in directing defense verdict on plaintiff’s punitive damages claim
  • Tobacco companies’ petition warranted where trial judge served as counsel in series of Engle cases
  • Fraud by misrepresentation and omission
  • Jury finds R.J. Reynolds liable for longtime cigarette smoker’s COPD, death
  • Engle stipulation does not necessitate credit against judgments in individual Engle progeny cases

Transportation

  • Ford Explorer’s defective design led to passenger’s paralyzing injuries in rollover
  • Defective plane engine part
  • Expert’s fact-based conclusions were not an impermissible net opinion