Product Liability Monitor

March 9, 2017
New Developments
Missouri Products Law: Are The Times A-Changin’?
By Joe Guffey

Missouri, the home of Mark Twain and Harry S Truman, has in recent years become one of the most deeply red states politically. Yet it has also acquired a reputation as of one of the most plaintiff friendly forums nationally, thanks to its substantive law and to juries in the City of St. Louis (dubbed the Number 1 “Judicial Hellhole” by the defense-oriented American Tort Reform Association for 2017).

Some of that may be about to change following the 2016 election of Republican former Navy Seal Eric Greitens as Governor and heavy Republican majorities in the Missouri House and Senate. Several bills are now pending in the Legislature which could bring about significant changes in Missouri product liability law and practice. [Continue Reading]

Immunity for Autonomous Vehicle Manufacturers?
By Mark Pratzel

As autonomous automobile vehicle (AV) technology develops new legal issues and challenges continue to appear. An issue that has led to much debate is the potential impact of lawsuits, which some contend could hamper the growth of AV technology. [Continue Reading]

What is an Adequate Warning? Criteria and Application
By Dan Jaffe

Many courts have stated criteria for determining the adequacy of product safety warnings. The Tennessee Supreme Court established a particularly useful 5-part test in Pittman v Upjohn Co., 890 S.W.2d 425, 429 (Tenn. 1994).  As recently re-stated by the Court of Appeals for the Sixth Circuit [Continue Reading]

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Technology, Manufacturing & Transportation
Product Liability Practice

Manufacturers 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
February 2017

Product Liability Monitor

December 13, 2016
New Developments
Auto Manufacturers Partner with Nauto to Improve Driverless Car Technology
By Shannon Peters

One of the main obstacles to the autonomous vehicle industry is “infrastructure,” but not in the sense typically associated with the term. Since autonomous vehicles come in all shapes, sizes, and powertrain types (gasoline, electric, and hybrid), and a wide range of degree of automation, the key infrastructure issue is not with the roads or the need for a worldwide network of guidance wires, rails, or charging stations, but ensuring the safe integration of autonomous vehicles into the world of human drivers.  Enter “Nauto.” [Continue Reading]

Confidentiality and the Public Interest
By Dan Jaffe

Public Justice, a public interest advocacy organization, recently posted over one million pages of Remington Arms Company internal documents on a publically available searchable online database. These documents concern the “Walker” trigger mechanism of the Remington Model 700 rifle, which has been the subject of more than 100 lawsuits, and is allegedly implicated in at least 24 deaths. [Continue Reading]

What is an Adequate Warning?
By Alan Hoffman

In Miasa Barron, et al. v. Abbott Laboratories, Inc., the Missouri Court of Appeals recently affirmed a verdict by a St. Louis jury awarding $15 million in compensatory damages and $23 million punitive damages for birth defects caused by the antiepileptic drug Depakote.  While there were other issues, the central liability question was whether Abbott adequately warned about the dangers of birth defects from using Depakote during pregnancy. [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Product Liability Practice
Manufacturers 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
November 2016

Talc, the mineral from which talcum powder is made, is rather innocuous by itself. However, because its chemical makeup and geologic formation is similar to tremolite, a form of asbestos, deposits of the two substances often are located near each other.  This proximity creates the possibility for contamination of the talc, and plaintiff’s attorneys are taking advantage of that possibility. Continue Reading Talc Cases May Signal Next Wave of Asbestos Claims