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Federal court finds navy ship is not a “product” under product liability law

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 11 2012

In the context of asbestos-exposure litigation, a federal court in Pennsylvania has determined that under maritime product liability law, a ship is not a product, and thus the shipbuilder cannot be held strictly liable for the various products aboard the ship that may have caused personal injury

Texas high court rules federal bus safety standards have no preemptive effect

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 6 2011

The Texas Supreme Court has determined that federal safety standards not requiring passenger seatbelts in motorcoaches and standards giving manufacturers window glazing material options do not preempt state law claims arising from a rollover accident that killed and injured a number of passengers

Ninth Circuit reverses denial of class certification in vehicle defect cases

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 2 2010

The Ninth Circuit Court of Appeals has concluded that common issues of law predominate in two putative class actions alleging a steering alignment defect in Land Rover LR3 vehicles, which defect purportedly manifested in uneven and premature tire wear

South Carolina adopts risk-utility standard for design defect claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 2 2010

The South Carolina Supreme Court has decided to adopt a risk-utility test for plaintiffs bringing design defect claims and will require a showing of a reasonable alternative design to hold a manufacturer strictly liable for harm caused by the alleged defective design