Lanzo v. Cyprus Amax Minerals Co.

In Lanzo v. Cyprus Amax Minerals Co., two defendants appealed from a judgment, which awarded the plaintiffs $117 million in compensatory and punitive damages, and other orders entered by the trial court during the course of this litigation. The defendants’ primary argument on appeal was that the trial court erred by admitting expert testimony. The … Read more

Sullivan v. Werner Co.

In Sullivan v. Werner Co., the plaintiff (no relation to Sullivan of S | S) filed a strict products liability action after he fell through a scaffold made by Werner Company and sold by Lowe’s Companies, Inc. (collectively, Manufacturer). A jury determined that a design defect caused the accident and awarded $2.5 million in damages. On … Read more

Hamer v. Livanova Deutschland GMBH, KFA

In Hamer v. Livanova Deutschland GMBH, KFA, Plaintiff filed a claim in the Eastern District of Louisiana (EDLa) alleging injuries due to Defendant’s failure to warn, inadequate product design, and other violations. The Judicial Panel on Multidistrict Litigation (JPML) transferred the case and other cases alleging injuries caused by Defendant’s product to Multidistrict Litigation number … Read more

Hymoc v. Ethicon, Inc.

In Hymoc v. Ethicon, Inc., the Appellate Division reversed two plaintiffs’ verdicts in similar products liability cases involving pelvic mesh medical medical devices. Both juries awarded the plaintiffs with substantial punitive damages. But the Law Division in each case precluded the defendants from offering proof that they had obtained “Section 510(k) clearance” from the Food … Read more

Kornfeind v. New Werner Holding Co.

In Kornfiend v. New Werner Holding Co., Kornfiend sued New Werner as well as Home Depot and alleged strict product liability and negligence claims related to the design, manufacture, and sale of a ladder which Kornfiend fell from as he worked on his house. The Superior Court ruled that the lower court erred in denying Home … Read more

Whelan v. Armstrong Int’l

The New Jersey Supreme Court held that manufacturers and distributors can be found strictly liable for harm caused by asbestos-containing products that include third-party replacement components, provided that the plaintiff can show:  (1) the manufacturers or distributors incorporated asbestos-containing components in their original products;  (2) the asbestos-containing components were integral to the product and necessary … Read more