Product Liability Update - October 2013
Snell & Wilmer Defends SUV Rollover Claims at Texas Federal Court Trial
by Vaughn Crawford
Snell & Wilmer attorney Vaughn Crawford represented Ford Motor Company in a case tried in the United States District Court for the Western District of Texas in El Paso. The case was filed by a husband and wife involved in a single-vehicle rollover near Sweetwater, Texas in 2009. The wife, who was the right front seat passenger and who was ejected during the rollover, claimed to have suffered a serious brain injury.
Choice of Law: Place of Conduct More Compelling Than Where Plaintiff Resides
by Lee Mickus
In Pounders v. Enserch E&C, Inc., decided on August 21, 2013, the Arizona Supreme Court gave a fresh examination to the application of choice of law principles to product liability lawsuits, in particular actions involving long-latency diseases. The Court ruled that, even though Plaintiff resided in Arizona and his injury became manifest in that state, the conflicting law of New Mexico should govern the claims because the injury-producing conduct occurred within New Mexico. In so ruling, the Court recognized that the state in which the claimed tortious conduct took place may have a greater interest in regulating activities undertaken within that state than the forum state, which is concerned only with ensuring that resident claimants receive proper compensation for their injuries.
The Drones Are Here, Bringing Liability Risks into View
by Troy Roberts
Unmanned Aircraft Systems (UAS), more popularly known as “drones,” have evolved beyond overseas battlefield and clandestine operations and are increasingly being utilized inside the United States. As with any product used in the domestic market, product liability considerations apply to their design, manufacture, sale and operation. Therefore, now is an appropriate time to examine UAS and acknowledge the implications of their integration into the National Airspace System (NAS), including the consequential liability considerations.
The Latest on Major Defense Verdicts in Arizona
by Kelly MacHenry
What’s the latest news on Arizona’s civil defense verdicts? Here’s a preview of some interesting 2013 defense verdicts.