Legal Protection and Reasonable Treatment for
Corporations Throughout the Entire Product Life Cycle

Welcome New Members





Libby Stennes
Greenberg Traurig, LLP

Stephen Yoshida
MB Law Group LLP

Joseph W. Hovermill
Miles & Stockbridge

Lee Mickus
Evans Fears & Schuttert LLP

Timothy E. Congrove
Shook, Hardy & Bacon LLP

Deborah St. Lawrence Thompson
Nelson Mullins Riley & Scarborough LLP

Bobbie Hooper
Buchalter

Marie E. Chafe
Conn Kavanaugh Rosenthal Peisch & Ford, LLP.

Rachel M. Lary
Lightfoot, Franklin & White LLC



Carlos M. Lazatin
O'Melveny & Myers LLP



Brent Moffett
Moffett Packus and Sims


Click here to see the full list of new members

Members in the News

Cheryl Bush Sworn in as a Regent of the American College of Trial Lawyers

Cheryl Bush, Founding Member of Bush Seyferth PLLC (BSP Law), was sworn in as a Regent of the American College of Trial Lawyers (ACTL) at the Annual Meeting on October 2, 2021. Bush will serve as Regent of the ACTL’s Region 9, which serves Michigan, Ohio, Kentucky, and Tennessee. As a Regent, she will also be assigned to several committees, including Advocacy in the 21st Century, Attorney-Client Relationships, Distinguished Pro Bono Fellows, and the Emil Gumpert Award Committee. Her term began on October 2, 2021, and will last through the 2025 ACTL Annual Meeting.
Bush handles high-stakes cases across the country and has won 95% of her jury trials. She is actively involved in the National Association of Minority & Women Owned Law Firms and is a Senior Life Fellow of the American Board of Trial Advocates. Bush is also a member and Former Vice Chair of the Product Liability Advisory Council. She received her J.D., cum laude, from the University of Michigan Law School.
Bush Seyferth PLLC

Cooper Tire & Rubber, Co. v. Tyrance McCall

Issue or Questions Briefed: Whether the U.S. Supreme Court should grant certioriari to review a decision by the Georgia Supreme Court holding that an out-of-state corporation can be deemed subject to the general personal jurisdiction of a state's courts merely by registering to do business within the state.

 

This brief was authored by: Chilton Davis Varner, Ashley C. Parrish, Brandon R. Keel, Jeremy M. Bylund, and Nicholas Mecsas-Faxon.

Click here to view the submitted brief.

Massachusetts Supreme Judicial Court Extends Component Parts Doctrine To Warranty Claims

On December 16, 2021, the Massachusetts Supreme Judicial Court (SJC) issued its decision in Ofer Nemirovsky v. Daikin North America, LLC (SJC-13108.) PLAC submitted an amicus brief in support of member Daikin North America, LLC on the issue of whether the component parts doctrine bars a contract-based claim for breach of the implied warranty of merchantability of a non-defective component. The SJC agreed with PLAC’s argument that a manufacturer, distributor or seller of a non-defective component is not liable for damage caused by a defect in the integrated product.

A copy of the SJC's decision and PLAC’s brief, authored by James M. Campbell and Christopher R. Howe (Campbell Conroy & O'Neil, PC), are available for download below.


View PLAC’s Brief View the Court’s Opinion

State of Oklahoma v. Johnson & Johnson, et al.

On November 9, 2021, the Supreme Court of Oklahoma issued a highly significant decision that rejected efforts by the plaintiffs’ bar to avoid traditional principles of product liability through a sweeping application of nuisance law. The Court reversed the trial court’s decision in State of Oklahoma v. Johnson & Johnson, et al. which had held J&J’s lawful conduct of marketing and selling opioid products constituted a public nuisance under Oklahoma nuisance law. The trial court ordered J&J to pay $465 million to fund one year of the State’s abatement plan.

Glover v. Bausch & Lomb, Inc.

On October 22, 2021, the Connecticut Supreme Court heard oral argument in Glover v. Bausch & Lomb, Inc., which presents two certified questions from the Second Circuit Court of Appeals regarding Connecticut’s product liability laws.


PLAC's brief was authored by James H. Rotondo, John W. Cerreta, and Matthew J. Letten of Day Pitney LLP

View the oral argument. Read the brief.

LCJ Launches New ‘Don’t Say Daubert’ Web Portal as Advisory Committee on Evidence Rules Solicits Comments on Amendment to FRE 702

PLAC is teaming up with Lawyers for Civil Justice and other defense bar organizations to support a proposed amendment to improve and clarify FRE 702.  Attached is a message from LCJ describing the amendment and providing helpful background information.  We expect to submit a comment to the Advisory Committee on Evidence Rules on behalf of our members in the next several months.  If you have an example of erroneous judicial application of expert evidence admissibility standards you would like PLAC to consider for its comment, please send it to [email protected] by November 1, 2021.

Daubert_1993127.jpg
 

LCJ Launches New ‘Don’t Say Daubert’ Web Portal as Advisory Committee on Evidence Rules Solicits Comments on Amendment to FRE 702

New resource page highlights courts’ repeated misapplication of expert evidence admissibility standards, encourages public to submit comments supporting proposed reforms

 

Arlington, VA – August 9 – Lawyers for Civil Justice (LCJ) – Today, Lawyers for Civil Justice launched a new web portal focused on expert evidence reform, Don’t Say Daubert, highlighting the need for amendment to Federal Rule of Evidence (FRE) 702. The launch of the website comes as the Advisory Committee on Evidence Rules invites public comments on a proposed amendment to FRE 702 that would clarify the widely misunderstood standards for expert evidence admissibility in U.S. federal courts.

 

“No matter how you pronounce it, the famous Daubert Supreme Court case doesn’t set the standards for expert evidence admissibility – Rule 702 does,” LCJ General Counsel Alex Dahl said. “The amendment process is a perfect time to get rid of the inaccurate slang by saying ‘Rule 702’ when referring to the standards for admitting expert testimony. We strongly encourage members of the bar to submit comments in support of the Advisory Committee’s amendment, which will clarify the standards for expert evidence and bring greater fairness to our civil justice system.”

 

Since the Supreme Court’s landmark 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, the word "Daubert" has become a de facto shorthand for the standard by which expert evidence is evaluated for admissibility before a federal civil jury. However, it’s Federal FRE 702, not Daubert, that sets the standard that courts must follow in determining whether expert testimony is admissible.

 

The use of ‘Daubert’ instead of ‘Rule 702’ affects people’s understanding of what standards apply to those motions. While the ‘Daubert standard’ is based on a lineage of case law, the more recent Rule 702 standard is based on the 2000 amendment to the rule approved by the Supreme Court and Congress, codifying it into law. The current proposed amendment to Rule 702 would further clarify that courts are responsible for determining the admissibility of expert opinion testimony, rather than leaving fundamental questions about the basis of expert opinions to a jury. The widespread misunderstanding of expert evidence admissibility standards in both trial and appellate courts within every federal circuit for more than two decades have led to decisions that are patently incompatible with Rule 702.

 

The web portal outlines the history behind expert evidence admissibility standards, which shows that the all-too-common invocation of “the Daubert standard” should be discarded and replaced with “the Rule 702 standard.”

 

The Advisory Committee on Evidence Rules opened its six-month public comment period on Friday, August 6. To learn why FRE 702 needs to be amended and how to submit a comment on the proposed rulemaking, visit www.DontSayDaubert.com.

 

To read the full text of the proposed amendment to FRE 702, click here.

Amendments to Florida Rule of Civil Procedure 1.510

May 4, 2021

As a result of the Wilsonart case, where PLAC filed an amicus brief recommending adoption of the federal summary judgement rule, the Florida Supreme Court has adopted almost all of the text of Federal Rule of Civil Procedure 56. As described in the court's opinion, the new rule in Florida will help eliminate frivolous lawsuits before they get to trial. A few highlights about the new rule.

  • First, while federal rule 56(a) says that the court should state on the record its reasons for granting or denying a summary judgment motion, new rule 1.510(a) says that the court shall do so.
  • Second, the new Florida rule, unlike its federal counterpart, requires the movant to file its summary judgment motion at least 40 days before the hearing.
  • Finally, note that the new rule will apply to all summary judgment motions decided after May 1, 2021. If a motion for summary judgment has already been denied under the pre-amendment rule, the parties should have a reasonable opportunity to file a renewed motion under the new rule.

 


Wendy F. Lumish
Bowman and Brooke LLP

THE U.S. SUPREME COURT’S FORD MOTOR COMPANY DECISION: JURISDICTIONAL SYMPATHY PREVAILS OVER LOGIC

April 22, 2021

David R. Geiger

In its recent decision in Ford Mtr. Co. v. Montana Eighth Judicial Dist. Ct., the Supreme Court held due process permitted jurisdiction over an out-of-state vehicle manufacturer for product liability claims brought by forum residents following a forum accident, even though defendant did not design, manufacture or sell plaintiffs’ vehicles in the forum. The Court concluded defendant’s current advertising, sales and (purported) servicing of the same vehicle models were sufficiently “related” contacts to render jurisdiction fair.

PLAC’s amicus brief writer, Dave Geiger, has authored an article arguing the Court purports to rely on precedent and principles that do not support its decision, and the decision introduces vast uncertainty into a legal area the Court painstakingly clarified over the last decade. Questions raised include whether there is jurisdiction only if plaintiff’s residence or accident was in the forum or whether both are required; whether sales other than of the accident model count as sufficiently “related;” whether the Court really intended to support jurisdiction over past events by the manufacturer’s current forum contacts; and whether the Court really intended to impute to the manufacturer vehicle servicing performed by independent dealers.

To read the full article, published by the Washington Legal Foundation, click here.


David R. Geiger
Foley Hoag LLP

We Said It Before; We’ll Say It Again – Drug/Device Companies Should Join PLAC

We return to a theme we’ve repeated twice before, in 2011 and in 2014 – that in addition to industry-specific groups, manufacturers of prescription medical products should definitely consider joining the Product Liability Advisory Council (“PLAC”). We continue to believe that PLAC membership helps pharmaceutical and medical device defendants litigate stronger (through inter-industry cooperation on shared issues of concern), smarter (through cutting edge CLE and webinars), and more efficiently (utilizing PLAC’s online knowledge base and other resources).

Jim Beck, Esq.
Reed Smith LLP

Read the Full Blog Post 

Amicus Program

PLAC's mission is to obtain fairness and balance in the common law of product liability. A primary tool to accomplish this mission is PLAC's Amicus Curiae Program, often called “The heart and soul of PLAC.”

PLAC has filed more than 1,200 amicus briefs, written by some of the nation’s top appellate practitioners. Our briefs have been accepted in virtually every state and federal court in the U.S. They are routinely acknowledged, quoted, and praised by courts in published opinions.

PLAC’s amicus briefs help shape the law for all manufacturers on important issues.

Click here to learn more about PLAC’s Amicus Program or to submit a request for amicus support. 

Upcoming Events

Webinars:
May 19, 2022 at 2:00 PM: Differentiating Value – Digitally Enabled Solutions for the Life Sciences presented by PLAC's Strategic Partner, Exponent
May 26, 2022 at 3:00 PM: PLAC'S Amicus Program Town Hall

Questions? Email us at [email protected].


PLAC Fall 2022 Conference:
PLAC's Fall Conference will take place October 19-21 at the Stein Eriksen Lodge in Park City, Utah

Our Mission

PLAC is a specialty bar association focusing on complex litigation and regulatory issues in the area of product development and product liability. Our not-for-profit association of product manufacturers, suppliers, retailers and select regulatory, litigation and appellate professionals who work to shape the common law of product liability and complex regulation, provide guidance on changing regulations, and strategically help corporations manage risk throughout the entire product lifecycle. PLAC is a unique resource for companies who must defend their products’ integrity and their companies’ reputation.

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