Year In Review For Product Liability

This past year has seen a number of major decisions impacting product liability practice including a very active U.S. Supreme Court regarding the application of the Class Action Fairness Act of 2005. While the trend appears to somewhat favor manufacturers, consumer actions will continue to be fertile areas of litigation in the coming year. While it is not an exhaustive review of all product liability related decisions in 2013, the following highlights the major holdings throughout the nation.

Jurisdiction and Standing

Jurisdictional challenges to product liability cases appear to have found success in 2013. Courts generally sought to determine whether the defendant made a concerted effort to market and sell its products in the subject jurisdiction. In making this determination, the courts considered the defendant's knowledge of the market and the extent products were placed in commerce.