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Can a class be certified if some members have no injury?

USA - November 30 2015 When a plaintiff seeks to bring a class action on behalf of “all purchasers” of a product or device, the court typically faces a conundrum: Can it…

Joyce D. Edelman, Caroline H. Gentry

Setback for plaintiff in class action suit against Tito’s Vodka

USA - November 30 2015 Manufacturers of consumer products have reason to toast following last month's decision by a federal judge in Cincinnati cutting off a consumer class…

Joyce D. Edelman, Caroline H. Gentry, Carolyn A. Taggar, Tracey L. Turnbull

Ohio federal court holds generic drug manufacturer not liable for inadequate warnings where plaintiff’s physicians did not read and rely on warnings

USA - November 17 2015 In the case Fulgenzi v. PLIVA, Inc., 2015 U.S. Dist. LEXIS 144283 (N.D. Ohio Oct. 23, 2015), the United States District Court for the Northern…

Joyce D. Edelman, Jason T. Gerken

Plaintiffs filing suit for design defects or inadequate warnings may carry burden of proof on reasonable foreseeability

USA - May 27 2015 On May 4, the Sixth Circuit Court of Appeals made clear a plaintiff's burden in bringing a design defect or inadequate warnings claim under the Ohio…

C. Darcy Jalandoni

2014 year in review: significant product liability cases from Ohio federal and state courts

USA - January 29 2015 In 2014, we prepared law alerts about several decisions from state and federal courts in Ohio that opined on issues important to product…

Jason T. Gerken, Elizabeth L. Moyo