Litigation

Recent Posts

Epstein Becker & Green: U.S. Supreme Court Rules Asbestos Claim Preempted
Posted on 14 Mar 2012 by William A. Ruskin

Guest Blogger Nicolas S. Allison is an Associate in Epstein Becker & Green's Asbestos Group in New York. A graduate of Princeton University and Boston University Law School, in addition to his mass tort asbestos work, Nick also represents firm... Read More

Tags: LIA , preemption , mesothelioma , product liability , Thomas , United States Supreme Court , Kurns v. Railroad Friction Products Corp , defective design , asbestos , Litigation , failure to warn claim , Kagan , pre-emption , failure to warn , Sotomayor , Epstein Becker and Green , design defect claim , Nick Allison , Locomotive Inspection Act

Supreme Court Rejects Suit Alleging Ford Vehicles Caused Man's Cancer
Posted on 11 Jan 2011 by Christopher Bauer

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 10 declined to grant a petition for a writ of certiorari to a man who claims that his cancer was caused by defects in automobile windshields ( Ted A. McCracken v. Ford Motor Co. , No. 10... Read More

Tags: Supreme Court , radiation , product liability , Ted A. McCracken , defective design , Defects , Litigation , Ted A. McCracken v. Ford Motor Co. , lawsuit , Ford Motor Co. , automobile windshields

William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider
Posted on 23 Apr 2012 by William A. Ruskin

By William A. Ruskin In 2008, the parents of Sean Reeps, brought suit against BMW , Martin Motor Sales and Hassel Motors ("Hassel"), alleging that Sean's mother, Debra, was exposed to gasoline fumes in the family's BMW during her... Read More

Tags: Appellate Division , Legal Theories , Sean Repps v. BMW of North America , strict liability , spoliation of evidence , breach of warranty , Automotive , product liability , defective design , First Department , spoliation , William A. Ruskin , causation , Litigation , burden of proof , Inc

Challenging Plaintiff's Proof Of Reasonable Alternative Design
Posted on 15 Mar 2012 by William A. Ruskin

By William A. Ruskin In the majority of jurisdictions, to establish a claim for design defect in a product liability action, the plaintiff must present some proof of a "feasible alternative design" or "reasonable alternative design."... Read More

Tags: Reasonable Alternative Design , IADC , challenging plaintiff , LLC , design defect , product liability , proof , feasible alternative design , defective design , Risk-Utility Balancing , Litigation , Elbert S. Dorn , Nexsen Pruet

MDL Jury Awards $3.27 Million In 2nd Ethicon Pelvic Mesh Trial
Posted on 8 Sep 2014 by Tom Moylan

CHARLESTON, W.Va. — (Mealey’s) A West Virginia federal jury on Sept. 5 returned a $3.27 million verdict in the second Ethicon Inc. multidistrict litigation pelvic mesh bellwether trial (Jo Huskey, et al. v. Ethicon, Inc., et al., No. 2:12... Read More

Tags: negligent design , negligent failure to warn , Damages , West Virginia , et al. v. Ethicon , strict liability failure to warn , pelvic mesh , personal injury , Ethicon Inc. , defective design , medical devices , Litigation , Inc. , multidistrict litigation , Jo Huskey , verdict , torts