Product Liability Monitor

April 10, 2017
New Developments
I Like It, But Do I Trust It? Drivers Weigh In on Autonomous Vehicle Technology
By Shannon PetersThe American Automobile Association (AAA) recently released the results of a survey of American drivers which yielded an interesting conclusion:  Americans want autonomous vehicle (AV) technologies in their next vehicle, but they are not sold on fully self-driving cars.The AAA survey indicates that 75 percent of Americans would be afraid to ride in a self-driving vehicle, and more than half would feel less safe sharing the roads with a self-driving car. Not surprisingly, younger generations are slightly less afraid of this developing technology than their older counterparts. [Continue Reading]
Walking the Lone Pine Trail
By Alan HoffmanLone Pine orders take their name from Lore v. Lone Pine Corp. They are most often entered in toxic tort litigation, requiring plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Typically, such orders call for expert affidavits or other evidence supporting a claimed connection between the plaintiff’s condition and defendants’ products. [Continue Reading]
Due Process Limits on Personal Jurisdiction
By Dan JaffeIn recent years the United States Supreme Court has strengthened the due process protections for defendants against suits in states with which they have no meaningful contacts. In J. McIntyre Machinery, Ltd. v. NiCastro, the plaintiff sued the British manufacturer of a metal-shearing machine in New Jersey, where he was injured. The defendant neither marketed nor sold its products in that State. It sold its machines nationwide through an independent U.S. distributor, but defendant’s representatives were never present in New Jersey. In any event, no more than four of its machines ended up in New Jersey. The Court held that exercise of judicial power over a defendant is unlawful unless the defendant purposefully avails itself of the privilege of conducting activities within the forum State. [Continue Reading]
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Technology, Manufacturing & Transportation
Product Liability PracticeManufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
March 2017

 

Earlier this week the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, affirming the Eight Circuit’s decision to not disturb a jury verdict against Tyson where the district court permitted the jury to draw an inference of class-wide liability based on representative or statistical evidence. Continue Reading Tyson Decision Delivers Narrow Lessons for, But No Knockout to, Class Actions