Legal Protection and Reasonable Treatment for
Corporations Throughout the Entire Product Life Cycle

Upcoming Events

Webinars:
Please check back later for upcoming webinars.
View the conference program
PLAC's Fall Conference will take place October 19-21 at the Stein Eriksen Lodge in Park City, Utah

Welcome New Members




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Patrick Oot
Shook, Hardy & Bacon



Amanda E. Heitz
Bowman and Brooke LLP



John Earnhardt
Maynard Cooper & Gale

Libby Stennes
Greenberg Traurig, LLP

Stephen Yoshida
MB Law Group LLP

Joseph W. Hovermill
Miles & Stockbridge

Lee Mickus
Evans Fears & Schuttert LLP

Timothy E. Congrove
Shook, Hardy & Bacon LLP

Deborah St. Lawrence Thompson
Nelson Mullins Riley & Scarborough LLP

Bobbie Hooper
Buchalter

Marie E. Chafe
Conn Kavanaugh Rosenthal Peisch & Ford, LLP.

Rachel M. Lary
Lightfoot, Franklin & White LLC



Carlos M. Lazatin
O'Melveny & Myers LLP



Brent Moffett
Moffett Packus and Sims


Click here to see the full list of new members

Members in the News

Cheryl Bush Sworn in as a Regent of the American College of Trial Lawyers

Cheryl Bush, Founding Member of Bush Seyferth PLLC (BSP Law), was sworn in as a Regent of the American College of Trial Lawyers (ACTL) at the Annual Meeting on October 2, 2021. Bush will serve as Regent of the ACTL’s Region 9, which serves Michigan, Ohio, Kentucky, and Tennessee. As a Regent, she will also be assigned to several committees, including Advocacy in the 21st Century, Attorney-Client Relationships, Distinguished Pro Bono Fellows, and the Emil Gumpert Award Committee. Her term began on October 2, 2021, and will last through the 2025 ACTL Annual Meeting.
Bush handles high-stakes cases across the country and has won 95% of her jury trials. She is actively involved in the National Association of Minority & Women Owned Law Firms and is a Senior Life Fellow of the American Board of Trial Advocates. Bush is also a member and Former Vice Chair of the Product Liability Advisory Council. She received her J.D., cum laude, from the University of Michigan Law School.
Bush Seyferth PLLC

Amicus Curiae Final Report: Wisconsin Court of Appeal Vanderventer v Hyundai Motor America, et al

October 26, 2022: Hyundai appealed from a judgment entered on a jury verdict finding them liable for personal injuries sustained by plaintiff. when the Hyundai Elantra he was driving was hit by another vehicle. The jury found Hyundai liable under theories of strict liability (design defect) and negligence and awarded more than $38 million in damages to plaintiff and his spouse. PLAC briefed two issues raised on appeal. First, PLAC argued the court wrongly admitted evidence of certain recalls involving Hyundai vehicles to rebut the presumption of nondefectiveness codified in WIS. STAT. § 895.047(3)(b) (2019-20). Second, PLAC argued the court erred in admitting evidence of a different driver's seat design for the Elantra under § 895.047(4) and Wisconsin's evidentiary rule governing subsequent remedial measures, WIS. STAT. § 904.07.

PLAC’s brief was authored by   Wendy Lumish and Amanda Heitz, of Bowman and Brooke with local counsel support from Frank LoCoco and Lisa Lawless, of Husch Blackwell.

Amicus Curiae Final Report -Smith v. Volkswagen Southtowne, Inc. - Utah Supreme Court

On March 10, 2020, PLAC filed an amicus brief in support of the defendant Volkswagen dealer. On June 30, 2022 the Utah Supreme Court issued its decision, reversed the decision of the trial court to grant JNOV and a new trial, and ordered the verdict against the defendant reinstated.

This brief was authored by Alan J. Lazarus, Faegre Drinker, with support from Tracy H. Fowler, Snell & Wilmer
Read the brief.

Amicus Curiae Final Report - Glover v. Bausch & Lomb, Inc. - Supreme Court of the State of Connecticut

On October 15, 2021, PLAC filed an amicus brief in the Supreme Court of the State of Connecticut on behalf of Defendant-Appellees Bausch & Lomb, Inc., Bausch Health Companies Inc. (f/k/a Valeant Pharmaceuticals International, Inc.), Bausch Health US, LLC (f/k/a Valeant Pharmaceuticals North America LLC), and Bausch Health Americas, Inc. (f/k/a Valeant Pharmaceuticals International)

This brief was authored by John Cerreta, James Rotondo & Matthew Letten of Day Pitney LLP


Read the brief.

Amicus Curiae Final Report - General Motors, LLC v. Buchanan - Supreme Court of Georgia

PLAC filed an amicus curiae brief on Nov. 22, 2021 in support of General Motors in this case. The brief was written by Phil Goldberg and Anna Pieschel of Shook Hardy & Bacon, LLP. The Court issued its ruling on June 1, 2022.

Announcement of Decision Ninth Circuit Court of Appeals Mahan Taleshpour, et al. v. Apple, Inc.

On January 12, 2022, PLAC filed an amicus brief on behalf of Apple, Inc briefing the question of whether a plaintiff alleging consumer fraud based on failure to disclose a known defect must allege that the defect creates an unreasonable safety risk.

PLAC’s brief was authored by John M. Thomas of Dykema Gossett PLLC.

Cooper Tire & Rubber, Co. v. Tyrance McCall

Issue or Questions Briefed: Whether the U.S. Supreme Court should grant certioriari to review a decision by the Georgia Supreme Court holding that an out-of-state corporation can be deemed subject to the general personal jurisdiction of a state's courts merely by registering to do business within the state.

 

This brief was authored by: Chilton Davis Varner, Ashley C. Parrish, Brandon R. Keel, Jeremy M. Bylund, and Nicholas Mecsas-Faxon.

Click here to view the submitted brief.

Massachusetts Supreme Judicial Court Extends Component Parts Doctrine To Warranty Claims

On December 16, 2021, the Massachusetts Supreme Judicial Court (SJC) issued its decision in Ofer Nemirovsky v. Daikin North America, LLC (SJC-13108.) PLAC submitted an amicus brief in support of member Daikin North America, LLC on the issue of whether the component parts doctrine bars a contract-based claim for breach of the implied warranty of merchantability of a non-defective component. The SJC agreed with PLAC’s argument that a manufacturer, distributor or seller of a non-defective component is not liable for damage caused by a defect in the integrated product.

A copy of the SJC's decision and PLAC’s brief, authored by James M. Campbell and Christopher R. Howe (Campbell Conroy & O'Neil, PC), are available for download below.


View PLAC’s Brief View the Court’s Opinion

We Said It Before; We’ll Say It Again – Drug/Device Companies Should Join PLAC

We return to a theme we’ve repeated twice before, in 2011 and in 2014 – that in addition to industry-specific groups, manufacturers of prescription medical products should definitely consider joining the Product Liability Advisory Council (“PLAC”). We continue to believe that PLAC membership helps pharmaceutical and medical device defendants litigate stronger (through inter-industry cooperation on shared issues of concern), smarter (through cutting edge CLE and webinars), and more efficiently (utilizing PLAC’s online knowledge base and other resources).

Jim Beck, Esq.
Reed Smith LLP

Read the Full Blog Post 

Amicus Program

PLAC's mission is to obtain fairness and balance in the common law of product liability. A primary tool to accomplish this mission is PLAC's Amicus Curiae Program, often called “The heart and soul of PLAC.”

PLAC has filed more than 1,200 amicus briefs, written by some of the nation’s top appellate practitioners. Our briefs have been accepted in virtually every state and federal court in the U.S. They are routinely acknowledged, quoted, and praised by courts in published opinions.

PLAC’s amicus briefs help shape the law for all manufacturers on important issues.

Click here to learn more about PLAC’s Amicus Program or to submit a request for amicus support.

PLAC 2021 Amicus Year in Review

Our Mission

PLAC is a specialty bar association focusing on complex litigation and regulatory issues in the area of product development and product liability. Our not-for-profit association of product manufacturers, suppliers, retailers and select regulatory, litigation and appellate professionals who work to shape the common law of product liability and complex regulation, provide guidance on changing regulations, and strategically help corporations manage risk throughout the entire product lifecycle. PLAC is a unique resource for companies who must defend their products’ integrity and their companies’ reputation.

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