Author Archives: Paul L. Knobbe

512890409

Eighth Circuit Court of Appeals Rules Product Manufacturer Satisfied its Duty to Purchaser Under Optional Equipment Doctrine

In Parks v. Ariens Company (No. 15-2664), the U.S. Court of Appeals for the Eighth Circuit affirmed a District Court ruling granting summary judgment to a lawnmower manufacturer, finding that the manufacturer had satisfied its duty to the purchaser by offering an optional roll over protection system (ROPS) which would have prevented the accident that formed the basis for the plaintiff’s lawsuit. The plaintiff’s husband died from asphyxiation after the lawnmower he purchased from an authorized dealer rolled over on top of him as…

Continue Reading....
178709266

New Legislation Will Update and Modernize the Toxic Substances Control Act

Recently passed legislation by the U.S. House of Representatives and the U.S. Senate will amend and update the Toxic Substances Control Act (15 U.S.C. §2601 et seq. 1976). Originally passed in 1976, the Toxic Substances Control Act (TSCA) gave the United States Environmental Protection Agency (EPA) authority to regulate and establish restrictions on certain chemical and chemical compounds, including the establishment of reporting, record keeping, and testing requirements.  While certain substances, including food, drugs, cosmetics, and pesticides are excluded from the TSCA, chemicals and compounds…

Continue Reading....
map of the U.S. state of Missouri

Missouri Senate Bill 793 Proposes Sweeping Changes to Missouri Merchandising Practices Act, Including Proof of Individual Out of Pocket Damages Incurred by Class Action Plaintiffs

In its current form, the Missouri Merchandising Practices Act (MMPA) (§ 407 R.S.Mo, supra) allows any person who purchases or leases merchandise primarily for personal, family, or household purposes to bring a private cause of action against a manufacturer, seller, or distributor of a product or service for unlawful merchandising practices. Unlawful merchandising practices are defined as the use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of…

Continue Reading....
iStock_000038012250_Large

FDA Draft Guidance for Postmarket Management of Cybersecurity in Medical Devices Puts Manufacturers on Notice of Potential Cybersecurity Risks

On January 22, 2016, citing cybersecurity threats to medical devices as a growing concern, the United States Food and Drug Administration issued draft guidance for industry and FDA administration staff for postmarket management of cybersecurity in medical devices. Public comments on the draft guidance will be open for 90 days. According to the FDA release, a growing number of medical devices are designed to be networked to improve and facilitate patient care. However, the FDA notes that networked medical devices incorporate software that may be…

Continue Reading....
iStock_000041686948_Double

3-D Printing Raises a Host of Product Liability Issues

3-D printing is booming worldwide, and the technology is being used to produce a wide range of products, from the aerospace, bio-medical and automotive industries, to virtually any plastic based household consumer project you can imagine. As with any new and expanding technology, 3-D printing brings with it a wide range of new and potentially  complicated issues related to product liability. Also known as additive manufacturing, 3-D printing is a process of creating solid objects from a computer aided design (CAD) file.  The 3-D printer…

Continue Reading....
shipbuilding, ship repair

United States District Court Grants Partial Summary Judgment on Product Liability Claims to Shipbuilder on Basis that the Ship is the “Product,” Not the Component Parts

The United States District Court for the Western District of Washington recently granted partial summary judgment on product liability claims to a company who built and supplied vessels to the United States Navy, on the basis that a shipbuilder’s product is the “ship” and not the component parts which have contained asbestos. In Hassebrock V. Air & Liquid Systems, Corp., 2015 U.S. Dist. Lexis 13775, Plaintiffs sued numerous defendants alleging that Plaintiff Glenn Hassebrock was exposed to asbestos manufactured, sold or distributed by numerous…

Continue Reading....
Copyright ALR Photography 2014

Lack of Federal Regulations May Place Heightened Burden on Drone Manufacturers to Warn Users About Dangers of Interfering with Aircraft

The Federal Aviation Administration (FAA) recently reported that pilot reports of unmanned aircraft, or “drones”, have increased from 238 sightings in 2014, to more than 650 as of August 9, 2015. According to the FAA, there have been over 250 reports of drones flying at altitudes of up to 10,000 feet in June and July alone. The FAA statement is part of a push by the FAA to increase awareness that operating drones around airplanes, helicopters, and airports, is dangerous and illegal. News reports regarding…

Continue Reading....
MedDevices

21st Century Cures Bill Indicates Congressional Desire for Medical Device “Unique Device Identifiers” to be Documented in Electronic Health Records

On July 10, 2015, the U.S. House of Representatives passed H.R. 6, commonly known as the 21st Century Cures Bill. While the broad scope of the bill deals with accelerating the discovery, development and delivery of 21st century medical cures, an amendment to the bill signals Congressional intent that Unique Device Identifiers, currently required on most medical devices used in patient care, be documented in the patients electronic medical records. House Amendment 661 to H.R. 6 states that the purpose of the amendment…

Continue Reading....