Product Liability

home insulation

Is My Home Insulation Making Me Sick?

Spray polyurethane foam (SPF) insulation has become a popular “green” solution in homes across the United States, and around the world. It is comparatively cost effective, energy efficient, and those who choose it are eligible for federal energy tax credits. Because of claims by SPF home insulation manufacturers and installation companies, many homeowners have selected SPF over standard insulation in

Read More »
Registration

Second Circuit Rejects General Jurisdiction Based on Consent by Registration

Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the

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lemon

What to do When Your Case Turns into a Lemon

Every attorney’s nightmare is the case that explodes right at the last minute. You sign a new client, start collecting discovery materials, take depositions thinking that your case is taking shape, until the impossible happens – your case takes a right turn. Most of the time it’s your client who falls apart and short circuits your case. Maybe it’s opposing

Read More »
inextinguishable

Inextinguishable

Whenever I tell someone that I focus on asbestos litigation, I’m, more often than not, met with the question: “Asbestos still is out there?” Asbestos, from the Greek word asvestos literally meaning inextinguishable, continues to affect and ruin lives … the lives of family members whose wives, husbands, mothers, fathers, sisters, and brothers have died from mesothelioma, the lives of

Read More »
liability

Utah’s Causes of Action in Products Liability Cases

In 1979, the Utah Supreme Court in Ernest W. Hahn, Inc. v. Armco Steel Co., 601 P.2d 152 (1979) adopted the doctrine of strict liability as set out in the Restatement of Torts 2d, Section 402A. This section imposes liability in tort without proof of negligence upon “one who sells any product in a defective condition unreasonably dangerous to the

Read More »
Engle-progeny

Trying and Winning an Engle-Progeny Case

Suing the major cigarette manufacturers for individual claims under the Florida Supreme Court’s Engle decision may be the most challenging and exciting of any products litigation to date. Engle-progeny plaintiffs, as they are called, originated from a class action originally filed in Miami in 1994. Following a yearlong trial, a jury found that cigarette manufacturers (1) placed on the market

Read More »
home insulation

Is My Home Insulation Making Me Sick?

Spray polyurethane foam (SPF) insulation has become a popular “green” solution in homes across the United States, and around the world. It is comparatively cost effective, energy efficient, and those who choose it are eligible for federal energy tax credits. Because of claims by SPF home insulation manufacturers and installation companies, many homeowners have selected SPF over standard insulation in

Read More »
Registration

Second Circuit Rejects General Jurisdiction Based on Consent by Registration

Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the

Read More »
lemon

What to do When Your Case Turns into a Lemon

Every attorney’s nightmare is the case that explodes right at the last minute. You sign a new client, start collecting discovery materials, take depositions thinking that your case is taking shape, until the impossible happens – your case takes a right turn. Most of the time it’s your client who falls apart and short circuits your case. Maybe it’s opposing

Read More »
inextinguishable

Inextinguishable

Whenever I tell someone that I focus on asbestos litigation, I’m, more often than not, met with the question: “Asbestos still is out there?” Asbestos, from the Greek word asvestos literally meaning inextinguishable, continues to affect and ruin lives … the lives of family members whose wives, husbands, mothers, fathers, sisters, and brothers have died from mesothelioma, the lives of

Read More »
liability

Utah’s Causes of Action in Products Liability Cases

In 1979, the Utah Supreme Court in Ernest W. Hahn, Inc. v. Armco Steel Co., 601 P.2d 152 (1979) adopted the doctrine of strict liability as set out in the Restatement of Torts 2d, Section 402A. This section imposes liability in tort without proof of negligence upon “one who sells any product in a defective condition unreasonably dangerous to the

Read More »
Engle-progeny

Trying and Winning an Engle-Progeny Case

Suing the major cigarette manufacturers for individual claims under the Florida Supreme Court’s Engle decision may be the most challenging and exciting of any products litigation to date. Engle-progeny plaintiffs, as they are called, originated from a class action originally filed in Miami in 1994. Following a yearlong trial, a jury found that cigarette manufacturers (1) placed on the market

Read More »

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