Product Liability Advocate

Product Liability Advocate

Thomas M. DeMicco (NY Metro)

Thomas M. DeMicco (NY Metro) Thomas M. DeMicco defends domestic and foreign manufacturers in product liability lawsuits on a national basis, with a focus on claims arising from fires and explosions. Tom’s extensive fire investigation experience is particularly valuable to the firm’s clients, many of which manufacture and distribute household kitchen appliances and consumer electronics.

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A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally

Posted in Product Liability
In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This case was granted certiorari by the Court in early December 2016. It has been briefed by both sides and… Continue Reading

CSST Found to Be Ordinary Building Material under Virginia’s Statute of Repose – For a Second Time

Posted in Product Liability
In a recent decision, the Circuit Court for Spotsylvania County, Virginia, found that OmegaFlex, a manufacturer of corrugated stainless steel tubing (CSST), which is used in residential gas supply systems, was entitled to the protection of Virginia’s statute of repose in a product liability lawsuit. The decision is significant because it is the second decision… Continue Reading

Defending against Product Liability Down Under

Posted in General Litigation, Product Liability
In this second collaborative blog post with the Australia-based law firm DibbsBarker, we take a look at the litigation process for product liability claims in Australia and how in some ways it differs from the process in the United States. As detailed in the previous blog post, “Dealing with Product Liability Down Under,” there are… Continue Reading

Using a Special Needs Trust in the Settlement of a Product Liability Lawsuit

Posted in Product Liability
Product liability cases frequently involve severe and even catastrophic injuries.  As a result, product liability defense counsel and insurance adjusters must be familiar with the prospects for use of a special needs trust as a potential tool in the settlement of severe injury cases. Special needs trusts are frequently proposed as a component of the… Continue Reading

Dealing with Product Liability Down Under

Posted in General Litigation, Product Liability
Up to now, we have written about many different topics on this site that focus on how product liability issues are litigated in the United States. Through a collaborative effort with our friends at the Australia-based law firm DibbsBarker, we offer the first in a series of blog posts and articles about product liability and… Continue Reading

Here Comes the Sun…

Posted in Product Liability, Technology and electronic products
Manufacturers and Installers of Solar Panels Face Unique Risks from Residential House Fires  House fires have always been a major source of product liability litigation in the United States. Hundreds of thousands of house fires occur each year, resulting in billions of dollars in insurance claims. According to the National Fire Protection Association, there were… Continue Reading

It’s the Mediator’s Form Agreement—Not Yours

Posted in General Litigation
Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the proposed agreement will state that the mediation is confidential. Some agreements are more detailed than others. Some go on to prohibit any attempts to… Continue Reading

Social Networking: From Chat Room to Court Room?

Posted in Technology and electronic products
Recent technological advances made over the past ten years in social media combined with the explosion in popularity of social networking sites on the Internet have created a new source for potential evidence in litigation. Within the context of product liability litigation, the ability for consumers to use Social Media to publicize their opinion of… Continue Reading

Welcome to Wilson Elser’s Product Liability Blog

Posted in General Litigation
Our goal is to share the insights of our more than 100 experienced product liability defense attorneys from 24 strategically-located offices throughout the United States. We will identify topics that are relevant to the substantive and procedural aspects of product liability defense. We will invite discussion among product liability claims handlers and defense counsel.… Continue Reading