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Consumer Claim & Product Liability Defense Blog

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Dec 03, 2018

The Defense Research Institute Product Liability Conference – Austin, TX – February 6-8, 2019

If you are a manufacturer, distributor, or seller of a widely-distributed product, consider attending the DRI Product Liability Conference in Austin, Texas, February 6-8, 2019.  More information about the conference is available here.  The conference is well-attended annually by many product liability professionals and is a great place to network and learn new strategies and tips. » Read More

Nov 30, 2018

Important Information for Product Manufacturers and Distributors Sending Products to Europe, the Middle East, or Africa

Meritas® just published its “Guide to Defective Products in EMEA,” a handy summary of some of the laws and regulations concerning defective products in Europe, the Middle East, and Africa.   If your company does business in these regions, the guide is a good preliminary reference tool.» Read More

Aug 01, 2018

The New Jersey Supreme Court Just Clarified New Jersey’s Standards for Determining the Admissibility of Scientific/Expert Evidence

In a much-anticipated decision, the New Jersey Supreme Court just issued its opinion in In re Accutane.  The text of the opinion is available here.  The Court considered and clarified the New Jersey state court standard for “the admissibility of scientific evidence under the New Jersey Rules of Evidence.”  In re Accutane, at p.3. » Read More

Jun 11, 2018

U.S. Supreme Court Prevents Successive Class Actions Filed Out of Time by Limiting the Application of American Pipe & Constr. Co. v. Utah

In its opinion in China Agritech v. Resh, released today, the United States Supreme Court limited its prior tolling holding in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974).  According to the syllabus, the Court held that “Upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.” Syllabus, China Agritech v.» Read More

Apr 17, 2018

TCCWNA Claimants Must Show Harm as a Result of Noncompliance

The NJ Supreme Court has issued its long-awaited opinion deciding that a consumer must have suffered harm as a result of noncompliance to be an aggrieved consumer and have a claim under NJ’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).  See the full opinion hereRead More

Mar 08, 2018

Hybrid Medical Device Preemption and an Important Personal Jurisdiction Reference to Bristol-Myers Squibb v. Superior Court

The Third Circuit recently clarified an important express preemption defense for medical device manufacturers in Shuker v. Smith & Nephew, PLC, __ F.3d __ (3rd. Cir. 2018). Medical devices are classified into different classes.  Class III devices are subject to more pre-approval scrutiny than Class I & II devices and, as a result, Congress provided for express preemption for Class III devices that have passed that scrutiny.  » Read More

Jan 26, 2018

The Defense Research Institute (DRI) – Product Liability Conference – San Diego – February 7-9

If you are a manufacturer, distributor, or seller of a widely-distributed product, you should consider attending the DRI Product Liability Conference in San Diego, California, February 7-9, 2018, where you can learn “Progressive Strategies for Defending Product Manufacturers.”  More information about the conference is available at this link: DRI Products. » Read More

Jan 10, 2018

Some Thoughts on Preventing and Defeating Consumer Class Actions

Consumer class actions can result when multiple plaintiffs have the same claims that are supported by common facts, and the Court determines that the multiple claims can easily and fairly be managed in one litigation.  Plaintiffs’ lawyers strive to find viable class actions, because they can leverage the aggregated claims into a larger risk for the defendant, seek high counsel fee awards, and try to force an early settlement. » Read More

Jan 10, 2018

Developing Defenses to Class Actions Arising from the New Jersey TCCWNA

The New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA” or the “Act”) contains potentially powerful language protecting consumers in their contracts and in certain communications with sellers and some others who deal in consumer goods and services.  The Act makes it a violation for a seller in certain dealings to “enter into any written consumer contract or give or display any written consumer warranty, notice, or sign *** which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller *** as established by State or Federal law ***.”  In addition, the Act provides “aggrieved consumer[s]” with “a civil penalty of not less than $100.00 or for actual damages, or both at the election of the consumer, together with reasonable attorney’s fees and court costs.”

Until recently, New Jersey State courts have provided little guidance on what constitutes a “clearly established legal right of a consumer or responsibility of a seller, *** as established by State or Federal law,” and who can be an “aggrieved consumer” to make a civil claim. » Read More

Jan 10, 2018

Welcome to the NMM Consumer Claim & Product Liability Defense Blog

Welcome to the NMM Consumer Claim & Product Liability Defense Blog! The purpose of this blog is to discuss practical information, strategies, and developments concerning the avoidance and defense of consumer claims, product liability claims, and related class actions or aggregated litigation. » Read More

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