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 |