Day on Torts
NOVEMBER 20, 2024
Where plaintiff brought a tort action against defendant based on defective products made pursuant to a contract between the parties, dismissal based on the economic loss doctrine was affirmed. The plaintiff contracted with the defendant to manufacture these drinks, and problems began early in the relationship. In Vidafuel, Inc.
JonathanTurley
JULY 12, 2021
The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. Indeed, its main component — a law allowing citizens to sue gun manufacturers — will be as productive as trying to win the New York Marathon by running furiously in place. Andrew Cuomo. Of the $138.7
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SCOTUSBlog
DECEMBER 3, 2023
Bankruptcy and its special powers are being used to compensate for what some court filings call the “ failure ” of tort litigation to efficiently and fully resolve all pending claims. Bankruptcy in Purdue’s case came after the company participated in the traditional tort process; it is the Sacklers’ third-party involvement that the U.S.
Conflict of Laws
APRIL 7, 2023
courts is raising important questions of private international law, in particular as regards the application of Mexican tort law in U.S. First Circuit, Mexico argues that the district court’s application of PLCAA to bar its claims under Mexican tort law was “impermissibly extraterritorial”. On appeal in the U.S. and in respect to U.S.
Conflict of Laws
DECEMBER 19, 2023
The Court held that local consumer legislation – in the form of the Consumer Guarantees Act 1993 (CGA) – applies to foreign manufacturers. The decision is of particular interest to New Zealand consumers and manufacturers of goods that are supplied in New Zealand, as well as traders advertising their products to New Zealanders.
Day on Torts
MARCH 24, 2022
Plaintiff filed this products liability suit in November 2020, asserting that defendant, who manufactured, marketed, and sold the original replacement device, “actively and intentionally misled the public, medical community, health care providers, and patients into believing these products were safe and effective.”
The Fashion Law
SEPTEMBER 23, 2021
Evangelista, of the known health risks and serious adverse effects associated with use of its CoolSculpting System,” Evangelista says that she “would not have undergone any treatment using the CoolSculpting System.”.
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