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Jan 10, 2025 | 
law.com | Larry E. Coben
During the litigation of products liability cases, it is standard practice for the manufacturer or retailer to answer discovery and indicate its intent to offer evidence that the instant lawsuit is the first claim against the defendant for the product in question. The absence of other claims is often proffered to show that the defendants were not negligent, or that the product is not defective or that there is no causal relationship between the product’s design and injury causation.
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Dec 6, 2024 | 
law.com | Larry E. Coben
Over the past few years, trial courts and the Pennsylvania Superior Court have been inundated and wrestled with battling litigants who prefer one venue over another to litigate their clients’ cases. In deciding the question whether one county is more convenient to litigate a lawsuit over another, our courts have been guided by legal analyses provided in Pennsylvania Supreme Court decisions published more than a decade ago. See Bratic v. Rubendall, 626 Pa. 550 (Pa. 2014); Zappala v.
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Nov 1, 2024 | 
law.com | Larry E. Coben
Who Got The Work Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct.
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Oct 17, 2024 | 
law.com | Larry E. Coben
Who Got The Work Blank Rome partner Andrew T. Hambelton has stepped in to defend Fragrancenet.com in a pending trademark infringement lawsuit. The case, filed Aug. 29 in New York Southern District Court by the Blakely Law Group, targets the defendants for allegedly selling counterfeit fragrance products. The case, assigned to U.S. District Judge Lorna G. Schofield, is 1:24-cv-06521, Abercrombie & Fitch Trading Co. v. Quester (US) Enterprises, Inc. et al.
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Oct 4, 2024 | 
law.com | Larry E. Coben
Law Offices of Gary Martin Hays & Associates, P.C. (470) 294-1674Law Offices of Mark E. Salomone (857) 444-6468
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Aug 6, 2024 | 
law.com | Larry E. Coben
“At the constitutional level where we work, 90% of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections.” —William O. Douglas, former justice of the U.S. Supreme Court Some weeks ago, the U.S. Supreme Court confronted an issue that the authors of the Constitution never envisioned. Summarized in its opening remarks, the majority opinion observed that: [Trump v. United States, 144 S.
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Jul 16, 2024 | 
law.com | Larry E. Coben
I recently tried a products liability case to verdict in Philadelphia in what was either my 100th major jury trial or my 200th trial—I lost count a while back. But that really doesn’t matter. Usually, the Legal Intelligencer “humors me” by publishing my views on legal issues or publishes something I’ve written under the heading “legal commentary.” And I really appreciate these opportunities.
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Jun 10, 2024 | 
law.com | Larry E. Coben
Most consumer products (e.g., cars, trucks, motorcycles, etc.) are used for years. Often, catastrophic injury or death resulting from a design flaw in the product occurs years after the product was sold. In analyzing the flaws in these products and technologically feasible alternative components to remedy the defect and prevent the resulting harm, parties look to design changes incorporated in the same or similar products post-sale.
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May 7, 2024 | 
law.com | Larry E. Coben
Most pedestrian fatalities and serious injuries occur when these folks are struck by the front of a vehicle. The numbers have gone up—in 2010, 4,302 pedestrians were killed and in 2019 that number rose to 6,272 (17% of all motor vehicle fatalities); pedestrian injuries have likewise gone up from 70,000 in 2010 to 76,000 in 2019. Also significant is that most of these pedestrian collisions occur at night, with 82% of these incidents occurring in urban areas.
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Apr 8, 2024 | 
feeds.feedblitz.com | Aleeza Furman |Riley Brennan |Larry E. Coben
Another plaintiff verdict out of the Philadelphia Roundup litigation has survived a post-trial challenge from the defense. Judge James Crumlish III of the Philadelphia Court of Common Pleas denied defendants’ motions for post-trial relief in Martel v. Nouryon on April 5, marking the judge’s second rejection of a bid from Monsanto to throw out a Roundup verdict. Want to continue reading?
