Schaffner v. Monsanto Corp., 2024 U.S. App. LEXIS 20597 (U.S. Ct. of App. 3d. Cir., August 15, 2024) (Chagares, J.) OPINION OF THE COURT CHAGARES, Chief Judge. This appeal presents the question of whether, once the Environmental Protection Agency (“EPA”) registers and approves a pesticide label that omits a particular health warning, a state-law duty […]

Harrington v. Purdue Pharma, 2024. U.S. LEXIS 2848 (S. Ct June 27, 2024) Harrington v. Purdue Pharma, 2024, Supreme Court of the United States Decided June 27, 2024. Dissent by Kavanaugh; Opinion by Gorsuch, J. We hold only that the bankruptcy code does not authorize a release and injunction that, as part of a plan […]

Fisher v. Am. Int’l Indus., 2024 Pa. Super. LEXIS 129 (April 10, 2024) (Olson, J.). Appellant, American International Industries (“AII”), appeals from the judgment entered December 2, 2022, awarding damages to Appellee, Holly Fisher (“Fisher”), Executrix of the Estate of Sandra Reichart (“Decedent”), following a jury trial in this asbestos litigation. We affirm, in part, […]

Sullivan v. Werner Co., 2023 Pa. LEXIS 1715, 2023 WL 8859656 (December 22, 2023) (Mundy, JJ.). We granted allowance of appeal to consider whether evidence of a product’s compliance with industry and governmental safety standards is admissible in products liability cases following this Court’s decision in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 […]

Spear v. Atrium Med. Corp., 2022 U.S. Dist. LEXIS 145085 (E.D. Pa. August 12, 2022) (McHugh, J.)  In this case, Judge McHugh found that strict liability applies.  He rejected views of other judges.  He did say the product must be looked at on an individual basis, and found using that application on a 12(b)(6) motion, […]

Maietta v. C.R. Bard, Inc., et al., No. 19-4170 (E.D. Pa. August 19, 2022) (Baylson, J.)  Judge Baylson granted defendant’s motion on strict liability and struck it.  However, he refused to strike the other counts, which were information defect, design defect, negligence in designing the product, negligence by failing to warn, negligent misrepresentation, fraudulent misrepresentation, […]

Gustafson v. Springfield, Inc., 2022 Pa. Super. LEXIS 356 (August 12, 2022).  This federal law prevents any civil action or administrative proceeding against a manufacturer or seller of firearms moving through interstate commerce for damages, fines, etc. resulting from the criminal or unlawful misuse of that firearm by a third party.  This case involves criminal […]

Sullivan v. Werner Co., 253 A.3d 730; 2021 Pa. Super. LEXIS 210 (April 15, 2021) (Pellegrini, J.)  Michael Sullivan (Sullivan) and Melissa Sullivan, his wife, brought this strict products liability action after he fell through a scaffold made by Werner Company (Werner) and sold by Lowe’s Companies, Inc. (Lowe’s) (collectively, Manufacturer). A jury determined that […]

English v. Eisai, 2022 U.S. Dist. LEXIS 44977 (M.D. Pa. March 14, 2022) (Conner, U.S. D.J.).  This case involving a weight-loss product said that plaintiffs properly pled an alternative feasible safer design.  That means that the defendant’s motion to dismiss would be denied.  There were other claims here for warranty, fraudulent misrepresentation, concealment and the […]

Tincher v. Omega Flex, Inc., 2018 Pa. Super. LEXIS 117 (February 16, 2018) Lazarus, J.  Omega Flex, Inc. appeals from the judgment entered in favor of Terence D. and Judith R. Tincher following a jury trial and the denial of its post-trial motions.  Omega Flex contends that it is entitled to a new trial because […]