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Products Liability Litigation

When a liability issue arises with a product, both reputation and profitability are put in jeopardy. By working fast and providing informed, aggressive representation, Morris James LLP helps our clients get ahead of the story and stop an isolated issue from compromising the goodwill they have spent years accumulating with your customers.

Our Practice

Morris James' attorneys have shaped the development of products liability law in Delaware. We have successfully argued the cases of first impression that:

  • Determined that there is no strict tort liability in Delaware
  • Established a sophisticated purchaser defense
  • Defined the causal nexus required in toxic tort cases
  • Rejected claims for cancer phobia unaccompanied by injury or disease
  • Argued and won the appeal of  the exclusion of plaintiff’s scientific experts on Daubert grounds and the grant of summary judgment to a toxic tort defendant

We have worked in the past with companies from a wide range of industries, providing representation in all manner of product liability litigation. Some areas in which our products liability defense attorneys have represented clients include:

  • Benzene
  • Agricultural Chemicals
  • Urea Formaldehyde
  • Aircraft
  • Industrial and Agricultural Machinery
  • Automobiles
  • Consumer and Food Products

Effective representation in these cases requires both a strong knowledge of product liability law and a technical background relevant to the processes and materials that go into each product. At Morris James, we do the research necessary. 

Products liability claims are often multiparty and multijurisdictional. Frequently, they require the collaboration of several law firms on behalf of a client, along with the work of joint defense groups and industry legal teams. Morris James attorneys regularly facilitate, guide, and assist in these complex matters, allocate resources among participating firms, and utilize our technology investment to efficiently defend these claims.

We are experienced in defending against claims made by foreign plaintiffs, and are familiar with the forum, personal jurisdiction, subject matter jurisdiction, and choice of law issues intrinsic to them.

Helping You Manage Costs

A long, drawn-out legal process can have almost as negative an effect as a liability decision against a company. At Morris James, we share our clients’ concerns for the management of costs throughout the litigation process. We work diligently with clients to manage eDiscovery and have crafted and obtained court approval of Lone Pine orders that manage and stage litigation to help our clients avoid needless expense.

Our current representations include representing Fortune 100 companies in defense of mass pesticide claims by foreign farmers and the defense of a paint manufacturer from claims of causing Acute myeloid leukemia ("AML") from trace amounts of benzene.

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