Jake P. Skaggs | Cozen O’Connor One of the more unique aspects of Louisiana law was its 1-year statute of limitations (liberative prescription) for tort claims.1 The one-year time period to file a lawsuit was stress-inducing for plaintiffs, particularly in complex matters that involved multiple parties and extensive investigation. The new Act provides: ART. 3493.11. Delictual… Continue reading Louisiana Adopts Two-Year Statute of Limitations for Tort Claims
Category: Product Liability
PFAS and the Challenge of Cleaning Up “Forever”
Gravel 2 Gavel From a stream of legal challenges, to ever-expanding regulations on things like cosmetics and drinking water, PFAS are the “forever chemicals” keeping companies and consumers on high alert. While industries scramble to remove the synthetic compounds from products, scientists are researching new techniques for scrubbing PFAS from the environment. There is money to be had for… Continue reading PFAS and the Challenge of Cleaning Up “Forever”
Emerging Trends in Construction Defect/Product Liability for Manufacturers
David Toney | Adams and Reese There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is that their largest customers have now largely decided upon a defense strategy of tendering to and/or adding its subs and… Continue reading Emerging Trends in Construction Defect/Product Liability for Manufacturers
Product Liability Economic Loss Rule and “Other Property” Damage
David Adelstein | Florida Construction Legal Updates One of the best defenses a manufacturer has, particularly in non-personal injury cases, is the economic loss rule. Lo and behold, a recent opinion out of the Middle District of Florida, Dero Roofing, LLC v. Triton, Inc., 2022 WL 14636884 (M.D.Fla. 2022), touches on this very subject with cogent analysis… Continue reading Product Liability Economic Loss Rule and “Other Property” Damage
Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute
Sabah Petrov | Bradley In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product when the contractor proved the substitute 2″ thick roof deck was equivalent. While generally, the owner is entitled… Continue reading Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute