Product Liability Monitor

December 4, 2017
New Developments
Missouri Adopts Daubert: What It Means in Product Liability Cases
By Theresa Mullineaux

In March 2017, Missouri Governor Eric Greitens signed House Bill 153, which amended Mo. Rev. Stat. § 490.065, and effectively adopted Daubert standards for Missouri cases, effective in August 2017. As a result, Missouri now follows similar standards to those applied in Federal courts and the majority of other state courts for expert evidence.[1] HB 153 establishes a four factor standard: [Continue Reading]

Defending Depositions
By Alan Hoffman

A previous post discussed preparing witnesses for their depositions. After a witness has been prepared for deposition it is the lawyer’s job to protect the witness, the client, and the record—a task that has many challenges, perils and pitfalls, but particularly so in products cases which often involve complicated design, risk-benefit, “safety” and warnings issues. Here are some suggestions for product lawyers and witnesses. [Continue Reading]

The Ninth Circuit versus CAFA’s Removal Provisions in Products Liability Litigation
By Soham Desai

The 2005 Class Action Fairness Act created federal jurisdiction based on minimum diversity for certain class and mass actions in an effort to preclude artfully maneuvering to defeat diversity jurisdiction. Actions with at least 100 plaintiffs, minimal diversity between the parties, and an amount in controversy exceeding $5 million dollars may be removed to federal court. In response, plaintiffs’ attorneys began subdividing their cases into groups of less than 100 plaintiffs in order to avoid removal under CAFA. [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
November 2017

shipping containersOn November 30, 2017, PMP Fermentation Products, Inc. filed a petition for the imposition of antidumping duties and countervailing duties on imports of sodium gluconate, gluconic acid, and derivative products from the People’s Republic of China and France. Continue Reading Petition Summary: Sodium Gluconate, Gluconic Acid, and Derivative Products from China and France

Globe showing AsiaThe U.S. Department of Commerce self-initiated trade cases for the first time since 1991 on Tuesday, November 28, on Chinese common alloy aluminum sheet. While Commerce normally opens antidumping and countervailing duty investigations only after requests from the domestic industry, the agency is authorized to self-initiate cases. Commerce last exercised this power for a countervailing duty case in 1991 and for an antidumping case in 1985.

Secretary Wilbur Ross said in a statement on Tuesday, “President Trump made it clear from day one that unfair trade practices will not be tolerated under this administration, and today, we take one more step in fulfilling that promise. We are self-initiating the first trade case in over a quarter century, showing once again that we stand in constant vigilance in support of free, fair and reciprocal trade.” Continue Reading Commerce Department Self-Initiates Trade Case on Aluminum Sheet from China

bankruptcy Non-vessel operating common carriers (NVOCCs) are often vulnerable to importer/exporter debtors when they declare bankruptcy. As brick and mortar retailers continue to face dwindling market share due to the dramatic rise in online shopping – $1.25 billion per day in online consumer purchases in the U.S., and doubling every five years – risks to NVOCCs rise. Retail Dive’s running list of 2017 retail apocalypse victims is a comprehensive tally of retailers who have succumbed to financial pressures already this year. They also recently listed twelve additional prominent retailers possibly on the brink of bankruptcy. Continue Reading Protecting NVOCCs Against Customer Bankruptcies: Are Security Interests Possible?

North America MapThe fifth round of NAFTA talks ended last week in Mexico City, making limited headway on the renegotiations.

During the round, the parties made progress on certain technical issues of the trade agreement, including digital trade, telecommunications, anti-corruption, and customs procedures. Continue Reading NAFTA Renegotiations Update

ABH at the Controls Risk Management principles have been applied in business and industry for years, becoming the subject of ISO/IEC Standard 31000:2009. They have also found their way into aviation, and particularly general aviation, where the layers of infrastructure and backup in airline operations are absent, and pilots must largely operate on their own.

John and Martha King, the respected operators of the King Schools, have preached the gospel of applying risk management principles to GA. They offer a series of “Practical Risk Management” training materials covering a range of flying activities. They have also spoken and written widely on the subject, forthrightly addressing the hazards of GA flying by using mistakes they made during their long career to illustrate the factors that can result in bad decision making in the air and on the ground. Their efforts have helped make risk management become a subject of interest and discussion in the GA community. Continue Reading Air Safety: Managing Risk Management

cargo shipOn November 8, the Federal Maritime Commission (FMC) issued a Notice for Proposed Rulemaking regarding modifications to NVOCC Service Arrangements (NSAs) and Negotiated Rate Arrangements (NRAs).

NSAs:

NSAs will continue to serve as basic agreements between NVOCCS and their customers for comprehensive longer-termed ocean transport agreements with provisions similar to those included in ocean carrier service contracts, with two basic differences: Continue Reading Federal Maritime Commission NVOCC Deregulation More Imminent

Inter Partes Review (IPR), created by the Leahy-Smith America Invents Act (AIA), 125 Stat. 284 (2011), has become a prominent part of patent litigation. Accused infringers can challenge asserted patents based on printed prior art by petitioning the Patent Trial and Appeal Board (PTAB) to “institute” an IPR “trial.” An IPR before the PTAB is an administrative proceeding with no right to a jury trial on patent validity. If instituted, non-Article III judges receive evidence and arguments and determine whether the patent is valid. Many IPRs arise out of pending District court patent infringement litigation and parties to an IPR proceeding can be estopped from re-litigating issues that were raised or could have been raised in the PTAB. At the discretion of the federal judge, district court litigation may be stayed pending the outcome of the IPR. Ultimately, IPRs can be less expensive than district court validity determinations and often contribute to efficient resolution of patent disputes. Continue Reading Will “Oil States” Upend IPRs?

Startup MilwaukeeHusch Blackwell is proud to be a sponsor of Milwaukee Startup Week 2017. This series of events showcases the entrepreneurial spirit of Southeast Wisconsin and provides opportunities for startups to showcase their ideas, network with fellow innovators, and attend workshops with business, marketing, and legal experts. Husch Blackwell is sponsoring the Startup Showcase by Startup Milwaukee event on November 7, 2017. The showcase will provide local entrepreneurs the opportunity to present their products and services at the City Lights Brewing Company. Additionally, Husch Blackwell will have attorneys present on legal issues that affect startups during the Launch Conference on November 9, 2017, and other events throughout the week.

Continue Reading Milwaukee Start Up Week 2017