Products Liability

Products Liability — Adjacent Products

Sherman v. Hennessy Industries, Inc. (Second District, June 18, 2015, as Modified on Denial of Rehearing July 8, 2015) 237 Cal.App.4th 1133, 188 Cal.Rptr.3d 769, 15 Cal. Daily Op. Serv. 6450, 2015 Daily Journal D.A.R. 6888 The husband and children of a woman who died from mesothelioma allegedly caused by exposure to asbestos dust her…

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Products Liability: General and Specific Jurisdiction

Bristol-Myers Squibb Company v. Superior Court, (First District, July 30, 2014) 228 Cal.App.4th 605, 175 Cal.Rptr.3d 412, 14 Cal. Daily Op. Serv. 8653, 2014 Daily Journal D.A.R. 10,059 Hundreds of users of the prescription drug Plavix, including both Californians as well as residents of other states, filed products liability actions in California against BMS, the…

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Anti-SLAPP Statute: Negligent Undertaking

Hardin v. PDX, Inc., (First District, June 19, 2014) 227 Cal.App.4th 159, 173 Cal.Rptr.3d 397. A woman who suffered complete blindness and permanent scarring after taking a prescription anticonvulsant drug, filed suit against several defendants, including the manufacturer, the prescribing doctor and the pharmacy where the drug was purchased, alleging that she would not have…

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Products Liability: Component Parts Doctrine

Uriarte v. Scott Sales Co., (Second District, June 13, 2014) 226 Cal.App.4th 1396, 172 Cal.Rptr.3d 886, 14 Cal. Daily Op. Serv. 6588, 2014 Daily Journal D.A.R. 7553 A man who worked as a sandblaster filed suit against the manufacturers and suppliers of silica sand purchased by his employer, contending that the airborne toxins produced by…

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Products Liability: Take Home Exposure

Haver v. BNSF Railway Co., (Second District, June 3, 2014 | As Modified June 23, 2014) 226 Cal.App.4th 1104, 172 Cal.Rptr.3d 771. The heirs of a woman who died after contracting mesothelioma, throat cancer and progressive lung disease, filed a wrongful death action against her husband’s former employer, contending that she had contracted the disease…

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Products Liability: Take-Home Exposure

Kesner v. Superior Court, (First District, May 15, 2014) 2014 WL 1962217, — Cal.Rptr.3d —-, 14 Cal.Daily Op. Serv. 5376, 2014 Daily Journal D.A.R. 6110 A man who contracted mesothelioma filed suit against his uncle’s employer, a brake lining manufacturer, alleging that his disease was caused by exposure to asbestos which his uncle brought home…

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Products Liability: Consumer Expectations Test

Romine v. Johnson Controls, Inc., (Second District, March 17, 2014) 2014 WL 1012960, 14 Cal. Daily Op. Serv. 2958, 2014 Daily Journal D.A.R. 3414, — Cal.Rptr.3d —- A woman who was rendered quadriplegic when her seat collapsed when her pickup truck was rear-ended, filed a products liability action against the manufacturer of the seat. The…

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Products Liability: Component Parts Doctrine

Ramos v. Brenntag Specialties, (Second District, March 21, 2014) 2014 WL 1116961, 14 Cal. Daily Op. Serv. 3129, 2014 Daily Journal D.A.R. 3597, — Cal.Rptr.3d —- A mold maker/machine operator who was diagnosed with interstitial pulmonary fibrosis brought an action against several manufacturers of metals, plaster and minerals which he had worked around for many…

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Products Liability: Noerr-Pennington Doctorine

Hernandez v. Amcord (2013) 215 Cal.App.4th 659, 156 Cal.Rptr.3d 90 A man who was diagnosed with mesothelioma brought a products liability action against the manufacturer of a plastic cement which contained asbestos. The plaintiff alleged that while working as a carpenter and in the construction industry his exposure to asbestos in the product was a…

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Duty To Warn: Sophisticated User

Webb v. Special Electric Company, Inc. (2013) 214 Cal.App.4th 595, 153 Cal.Rptr.3d 882 A man who allegedly contracted mesothelioma as a result of working for many years around pipe containing asbestos, filed a product liability action against Johns-Manville, the pipe manufacturer, as well as Special Electric, a company which supplied bags of asbestos to Johns-Manville….

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