Check out Dan Wittenberg’s article on Data Privacy in the Spring 2020 edition of Litigation News – https://www.americanbar.org/groups/litigation/publications/litigation-news/business-litigation/data-privacy-more-just-new-black/ @SWlawnews @abalitigation #cobioscience @cobioscience
On November 21, 2019, the National Highway Traffic Safety Administration (“NHTSA”) released nine draft test procedures intended to help evaluate certain types of Advanced Driver Assistance Systems (“ADAS”). NHTSA is seeking public comment regarding the adequacy of these test procedures by January 21, 2020. The draft procedures are research-focused, with NHTSA intending to “research ways […]
In Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal. 4th 1246, the California Supreme Court found that service contracts are not express warranties under the Song-Beverly Consumer Warranty Act and the Act did not otherwise authorize replacement or restitution as a remedy for breaches of service contracts. The Song-Beverly Consumer Warranty Act, Civil Code section 1791 […]
In Monster Energy Co. v. Schechter, 7 Cal.5th 781, 792 (2019) the California Supreme Court was tasked with determining “whether counsel’s signature approving a [settlement] agreement as to form and content for his clients’ signature precludes, as a matter of law, a finding that he also intended to be bound by the agreement.” The Court […]
Denver partner Dan Wittenberg and associate Kelly Smith recently published an article, “Clarifying the Difference Between Medical Device Servicing and Remanufacturing,” in DRI’s For the Defense. The article explores the longstanding divide in the medical device industry between device manufacturers and the third-party entities that service the devices. Wittenberg and Smith explain how the FDA […]
Stokes v. Muschinske, No. B280116, 2019 WL 1513208 (Cal. Ct. App. Mar. 14, 2019) (awaiting official publication) begs the question, does reference to a plaintiff’s membership in a health care plan, like Kaiser Permanente, or Medicare eligibility violate the collateral source rule? The California Court of Appeal says not necessarily. In Stokes, the defendant was […]
On December 18, 2018, the Arizona Supreme Court issued an opinion clarifying manufacturers’ duty to warn consumers under Arizona common law. The Court held that the federal Medical Device Amendments (“MDA”) impliedly preempted Arizona common law claims in a medical device context. The opinion also disavowed the Ninth Circuit’s preemption ruling in Stengel v. Medtronic, […]
Snell & Wilmer’s Product Liability Litigation Group achieved high rankings in 2019’s “Best Law Firms” by U.S. News Media Group and Best Lawyers®. We were ranked as a metropolitan area Tier 1 firm in Phoenix, Orange County, Colorado and Utah for product liability litigation defense. We were also ranked as a Tier 1 firm in […]
Snell & Wilmer attorneys recently defended Phenix Transportation West and its driver Ray Jackson in a trucking accident case. The trial lasted eight days and was tried in Maricopa County Superior Court. Kelly Wilkins tried the case with support from associate Amanda Sheridan, paralegals Alicia Roe and Jorge Moreno, and paralegal assistant Carly McEneaney. The […]
