Product Liability Update

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Experienced trial attorneys. Trusted advisors. Counseling companies across the country and throughout their products' lifecycles.

Snell & Wilmer Defends Airbag Claims at Nevada Trial

Snell & Wilmer attorneys Daniel S. Rodman and Jay J. Schuttert represented Ford Motor Company in a case tried in the United States District Court for the District of Nevada in Las Vegas. The case was filed against Ford in Nevada federal court by the family of a man involved in a head-on collision in 2007. […]

| 2 min read
JS
Former Partner
AE
Former Associate

Product Recall Trends and How to Prepare for a Recall

Product recalls are more common than ever.  We see recall announcements virtually every week.  Consumers have come to expect them, and to expect that companies will act quickly and decisively when a product risk is identified. Most recalls today are voluntary and move very rapidly.  Here are some observations about 2013 recall trends. Pharmaceutical/Drug.  Pharmaceutical […]

| 4 min read
KW
Former Partner

Cross Examination of Experts: How to Avoid Hurting Your Case

Irving Younger wrote the “Ten Commandments of Cross-Examination” in 1976.  These ten points are probably still as central to an effective cross examination of an expert as they were then.  Here is some elaboration on what usually works, and what seldom works. 1.        Be Brief The objective of cross examination of a liability expert is […]

| 7 min read
WP

The FDA’s 510(k) Approval Process in Medical-Device Litigation

Originally published in the American Bar Association, Product Liability Section of Litigation, Vol. 24 No. 2 (Summer 2013). Any litigator knows evidence makes or breaks a case. One piece of admissible evidence may not determine a matter outright, but it may be that crucial nudge for a jury to tip the scales of justice for […]

| 11 min read
PL

Malware in the Machines: Cybersecurity for Medical Devices and Hospital Networks

Originally published as a Snell & Wilmer Legal Alert, June 20, 2013 Within the last week the Food and Drug Administration (FDA) issued a pair of Safety Communications directed towards the medical device and healthcare industries regarding cybersecurity. Computer virus and other malware attacks against medical devices and hospital networks create risks of equipment performance […]

| 5 min read
PF

Punitive Damages Limits for Government-Approved Products

An Arizona law provides an exemption from punitive damages in product liability cases for virtually any kind of product that was government-approved or that complied with government regulations.  The law, Ariz. Rev. Stat. § 12-689, became effective on August 2, 2012. Product manufacturers and sellers are shielded from punitive damages if the product at issue […]

| 2 min read
KW
Former Partner