In a product liability case where a manufacturer is defending a claim that a product it designed was defective and the cause of a plaintiff’s injury, the manufacturer may attempt to introduce evidence at trial showing its product was manufactured in accordance with applicable industry standards.  Proof that the product was designed in accordance with industry standards, in some instances, can establish that the product was built with the latest technological advancements being used by other manufacturers in the marketplace.
Continue Reading Despite Tincher, Pennsylvania Superior Court Determines “Industry Standards” Is Still Not a Viable Defense to Product Liability Claims

Background
In a service-based economy, many industrial and consumer products are manufactured and sold through trademark licensing arrangements. Under these types of contractual agreements, the owner of the trademark licenses its brand name or mark to another company in exchange for a licensing fee. The authorized user of the trademark then has a contractual right to manufacture and sell the goods bearing the trademark. However, in some circumstances, the mere act of licensing the trademark to a manufacturer of a product for a fee can expose the licensor to a product liability claim under the Apparent Manufacturers Doctrine (AMD).

Continue Reading Licensors Beware: Substantial Participation in Design, Manufacture and/or Distribution of Licensee’s Product May Impose Liability Under Apparent Manufacturers Doctrine (AMD)