We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year for the manufacturing industry.

Continue Reading Husch Blackwell Publishes Its Inaugural Legal Insights for Manufacturing Report

Where a case is filed can sometimes be as important as the facts of the case itself. The Washington Court of Appeals, recently revisited specific jurisdiction in the context of consent in Bradley v. Globus Medical, Inc.

In February 2021, Rachel Bradley filed suit in Spokane County Superior Court against Globus Medical, Inc. alleging

On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint manufacturers The Sherwin-Williams Co., E.I. DuPont de Nemours & Co., and Armstrong Containers Inc. In granting the manufacturers’ summary judgment motions, District Judge Lynn Adelman relied upon the procedural issues that arose throughout the lawsuit and the 2021 reversal of a $6 million award in the United States Court of Appeals for the Seventh Circuit.
Continue Reading Federal Court Tosses Fifteen-Year-Old Lead Paint Personal Injury Lawsuit

On March 28, 2022, the Supreme Court of Delaware settled a 15-year battle between asbestos plaintiffs and defendants by affirming the burden-shifting framework provided in a 2006 Superior Court decision. This decision affirms once and for all that where a company manufactured
Continue Reading The Impact of Droz on Evidentiary Standards in Delaware

Litigants recently tested the limits of liability waivers under Iowa law. In a 6-1 decision, the Iowa Supreme Court joined the bulk of other jurisdictions and held a contractual liability waiver was not enforceable “to the extent it purports to eliminate liability for the willful, wanton, or reckless conduct” a plaintiff alleges. Lukken v. Fleischer, 962 N.W.2d 71, 82 (Iowa 2021).

Continue Reading Can You Waive Liability for Reckless Conduct? Iowa Supreme Court Finally Says No.

About a year ago, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short form warning rules for Proposition 65.  Proposition 65 requires businesses to warn Californians about exposure to certain chemicals through “clear and reasonable” warnings.  There are currently two forms of “safe harbor” warnings, one of which is the short form warning. The short form warning requires less detail, takes up less label space, and does not require the listing of any chemical names, which has made it a popular choice.

Continue Reading OEHHA Proposes (Additional) Changes to Prop 65 Short Form Warnings

In the most recent round of the long-running litigation over hearing protection supplied by manufacturing giant 3M and used by U.S. Military personnel from 2002 until 2015, Plaintiffs have obtained large verdicts in 3 out of 4 bellwether cases against 3M.

Continue Reading Bellwether Military Earplug Verdicts Underscore Importance of Establishing the Government-Contractor Defense

Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home on the clothing of a non-employee contractor, causing his spouse to develop mesothelioma. For the first time, premises owners or operators may be liable for injuries alleged by anyone living under the same roof as one of their former contractors.
Continue Reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs

On July 7, 2021, U.S. District Court Judge Eduardo C. Robreno, who oversees the asbestos multi district litigation (MDL 875) in the Eastern District of Pennsylvania, applied a new standard set forth by the U.S. Supreme Court in Air & Liquid Sys. Corp. v. DeVries, 139 S. Ct. 986 (2019) in granting summary judgment for two turbine defendants accused of causing the decedent’s asbestos-related disease. Defendants General Electric (GE) and CBS Corporation (CBS) allegedly incorporated asbestos-containing components on their products to which the decedent was later exposed.
Continue Reading Pennsylvania Court Applies Maritime Bare Metal Test in Favor of Defendants

The Public Readiness and Emergency Preparedness Act (PREP Act) may provide immunity to product manufacturers and premises owners who face liability from their administration or use of antivirals, drugs, biologics, diagnostics, devices, or vaccines used to treat, diagnose, cure, prevent, or mitigate COVID-19.
Continue Reading PREP Act Offers Immunity to Product Manufacturers and Premises Owners from COVID-19 Liability