Author Archives: Christopher P. Midura

e-cig and flavor bottles

Will Diacetyl Flavorings in E-Cigarettes be the Next Mass Tort?

This post also appears on the Science & Law Blog from Innovative Science Solutions.  It seems that science related to the efficacy and safety of e-cigarettes (e-cigs) is continuously making headlines. The growing popularity of e-cigs has attracted attention of many different groups, and e-cigs are likely to continue to be the subject of vigorous debate. While e-cigs are not currently regulated, the FDA has issued a proposed rule to include e-cigs under its authority to regulate certain tobacco and nicotine-containing products. Innovative Science Solutions…

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Connecticut Supreme Court Expands the Scope of Derivative Claims

In a decision released on October 6, 2015, the Connecticut Supreme Court overruled its prior decision wherein it declined to recognize a derivative cause of action for loss of parental consortium by a minor child. In its decision in Campos v. Coleman, et al , the court joined the growing number of states that recognize a claim for loss of parental consortium, thus permitting minor children to recover damages resulting from injury to a parent. In Campos, the plaintiffs alleged that the defendant had…

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Hunting Season Puts Manufacturers and Retailers in the Crosshairs

As hunting season draws to a close across New Jersey, New York, and Pennsylvania, manufacturers and retailers of hunting products, including treestands, face the risk of claims and lawsuits arising out of the use, or misuse, of their products. With regard to treestands, which are primarily utilized by deer hunters to elevate themselves high above the eye line of wary deer, claims and lawsuits involving their use present serious consequences for manufacturers and retailers. Recent verdicts and settlements involving defective treestands exemplify why it is…

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Uber Mobile Application Involved in Products Liability Action

Recently, a products liability lawsuit was filed in San Francisco Superior Court that very well could have implications here in New Jersey. The family of a six-year old girl killed in an automobile accident has filed a products liability action against Uber Technologies, Inc., alleging that at the time of the accident, the driver, Syed Muzzafar, was logged in as a driver in Uber’s mobile application. Uber makes a mobile application that connects passengers with drivers of vehicles for hire and ridesharing services. The company…

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No Reimbursement for “Dress Rehearsal” for Trial

Recently, U.S. District Judge Joseph Rodriguez affirmed an order of U.S. Magistrate Judge Ann Marie Donio and held that a defendant dismissed from a product liability suit cannot recover the costs of preparing an expert witness for deposition. The action, captioned Durkin v. Wabash International, stems from a 2008 accident in which a truck driver was killed when the load of steel sheet pilings he was carrying shifted forward and pinned him inside the truck. Wabash, the manufacturer of the trailer and bulkhead at issue,…

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Lifting Of Running Snowmobile Held To Be Foreseeable Misuse

The Appellate Division recently affirmed a $2.5 million judgment in favor of a snowmobile operator who suffered the loss of his right leg after he lifted up the back of his friend’s 1995 Yamaha snowmobile in an effort to clear what he believed to be a fouled spark plug.  The track of the snowmobile broke while the plaintiff was lifting the machine from behind while it was running.  The track struck and partially severed the plaintiff’s right leg.  The plaintiff’s injury ultimately resulted in the…

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