Tag Archives: tort claims

End-user of defective product prevented from bringing a claim when it has knowledge of the defects

The Court of Appeal has confirmed that where an end user has knowledge of the defects in a product, it is not able to bring a claim for any subsequent loss resulting from that defect. It held that an end … Continue reading

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Filed under Product recall, Product safety

Amended US Federal Rules of Civil Procedure narrow availability of civil discovery and sanctions

Important changes to the US Federal Rules of Civil Procedure (FRCP), which govern the conduct of civil proceedings (including product liability cases) in US federal district court, will take effect on 1 December 2015 (absent US Congressional action, which appears unlikely). … Continue reading

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Filed under Class actions, Collective actions, Uncategorized, United States

US Supreme Court weighing proposals to curtail scope, burden and uncertainty of discovery in US Federal Court

Joe Falcone has published an article in Financier Worldwide addressing proposed amendments to the US Federal Rules of Civil Procedure, which rules govern civil cases (including product liability cases) in US federal court. If adopted, these amendments should narrow significantly … Continue reading

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Filed under Class actions, Collective actions, United States

New York High Court rejects novel cause of action for medical monitoring

For many years, plaintiffs in United States courts have sought to avoid established limits on tort claims, and to recover compensation even when traditional elements of a claim are absent. One variant of this effort has been the assertion of … Continue reading

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Filed under United States