May 10, 2010

Personal Injury and Product Liability Lawyers Often Get a Bad Rap but In Truth the Threat of Litigation Makes Them Unsung Heroes Insuring Vehicle and Product Safety

When I was interviewed for membership to a posh and exclusive social club recently, one of the older and stalwart members on the Admissions Committee asked me why I would perform a job as distasteful as being a personal injury and product liability lawyer. Of course, what comes to mind is the shocking McDonald’s hot coffee case of many years ago and the many seemingly excessive verdicts that often are unrelated to the reality of the situation that seem to have tremendous shock value to the normal layperson. What the press and these individuals fail to recognize is that personal injury and product liability lawyers have a long history of protecting consumers from unsafe products. The threat of litigation and large verdicts serves as an insurance policy against the manufacturers when defective products are fixed or recalled from the market. While punitive damages often seem to make headlines, what many fail to recognize is that they are mostly later reduced substantially, sometimes by consent of the parties.

The recent Toyota situation indicates that when Toyota was still trying to blame floor mats for its runaway cars, the government and legal intervention by product liability lawyers put the issue under a microscope and exposed other potential fixes. Without the threat of litigation and the extensive discovery procedures that accompany the same, consumers would be left at the mercy of product manufacturers and auto manufacturers who would continue to produce red herrings indicating why their products were safe for normal use despite the multitude of catastrophic injuries and wrongful deaths.

April 26, 2010

More Than A Million Highchairs Recalled After Hundreds Topple Injuring Dozens Of Children

Graco Children’s Products of Atlanta voluntarily recalled over 1.2 million of their highchairs due to alleged stability issues which will affect 65 different models of Graco’s Harmony highchair. The chairs, which are no longer produced by the manufacturer, would have been manufactured and sold between November 2003 and December 2009. The recall came after the manufacturer received over 464 reports of loose screws and falling brackets. The malfunction would cause a highchair to flip over if the user moved in the wrong direction. These Graco chairs originally sold for $120 and would have been found in a variety of department stores, including but not limited to Sears, Babies “R” Us, Target and WalMart.

If you or a loved one has a child that has sustained an injury as a result of this allegedly defective product, please feel free to contact one of our lawyers online for a free, no obligation consultation.

April 2, 2010

Bed Rails Used In Nursing Homes and Assisted Living Facilities Have Many Known Hazards - Nursing Home Abuse Lawyer Weighs In

A recent story published in The New York Times on Friday, March 10, 2010 highlights a situation that often flies under the radar, namely the dangers of bed rails on beds used in nursing homes, assisted living facilities and hospitals. In 1995, the FDA put out a warning noting entrapment dangers posed by bed rails. Many states put out an alert regarding bed rail dangers earlier than that date.

Bed rails were designed to be safety devices analogous to seat belts in cars and meant to keep sick people who are drugged, confused, or restless from falling or climbing out of bed in hospitals or nursing homes. The Times reports that after reviewing cases of elderly people being injured or killed in bed rail accidents, the reality is different. Rails decrease the risk of falling by 10 to 15 percent but they increase the risk of injury by about 20% because they change the “geometry of the fall” according to expert geriatrician and bioethicist Steven Miles of the University of Minnesota.

Confused or demented patients who try to climb over the rails instead of falling from a lower level and landing on their knees or legs are apt to fall further and strike their heads, but the greatest danger is entrapment with patients getting stuck within the rails or between the rails and mattresses.

Last year, according to the Times story, the Food and Drug Administration tallied 480 deaths, 138 injuries, and 185 close calls involving hospital beds over a 24-year period. Dr. Miles believes that those statistics represent only a small fraction of all accidents, most of which go unreported.

March 29, 2010

If You Have a Metal Hip Implants There May Be a Reason to Be Concerned

According to a story published on March 4, 2010 in The New York Times, studies reveal that in some cases metal on metal hip implants can quickly begin to wear, generating metallic debris with deleterious effects. Some of the nation’s leading orthopedic surgeons have reduced or stopped the use of a popular category of artificial hips amid concerns that devices are causing severe tissue and bone damage in some patients, often requiring surgery within a year or two.

The device is known as a metal on metal implant and has been used in approximately one third of the 250,000 hip replacements performed annually in America. According to the study, the cause and scope of the problem is not clear but seems to indicate that in some cases the devices can quickly begin to wear, generating high volumes of metallic debris that is absorbed into the patient’s body which can touch off inflammatory reactions causing groin pain, death of tissue in the hip joint, and loss of surrounding bone. Many surgeons are concerned that they may only now be seeing the leading edge of a mounting problem.

The experienced Philadelphia medical malpractice and product liability lawyers at Reiff and Bily are well versed in the investigation and prosecution of defective implant cases resulting in injury or death and will continue to monitor and investigate the concerning issues arising from metal on metal hip implants.

March 23, 2010

Experienced Product Liability and Vehicle Defect Lawyer Receives Increased Volume of Calls Regarding Safety of Cars Being Driven By Family Members - Who Do I Call?

Recently I have noticed a dramatic increase in the number of inquiries to my website and telephone lines by individuals concerned about the safety of many cars, including Toyotas, that their family members drive. They tell me they are clueless about who to contact for an accurate and timely vehicle recall and ask me whether or not their car is safe to drive.

As an experienced Philadelphia product liability attorney who has been handling auto defect cases since 1979, I have normally received these calls after the fact when there has been a catastrophic injury or fatality as a result of a defectively designed automobile or product. I am flattered that my clients and their friends or relatives seek to call me with regard to my input as to the safety of their vehicle or what to do to prevent an accident. However, what this scenario does in fact seem to indicate is that the message is just not getting to the people and there is a fear factor that seems to be growing among concerned individuals looking to protect their family and precious cargo.

I’ll try to briefly address some suggestions I have on who to contact. With regard to toxic chemicals, product recalls and other problems, The Center for Disease Control and Prevention (CDC) 1-800-232-4636.

Consumer Product Safety Commission (CPSC) 1-800-638-2772, National Highway Traffic Safety Administration (www.nhtsa.gov or www.recalls.gov), an online resource encompassing recalls for consumer products, motor vehicles, boats, foods, medicine, cosmetics, and environmental products.

Of course, you should contact the manufacturer’s website and their consumer relations website if you have more specific problems that are not addressed, and ultimately if your problems are not being addressed and you have sustained a catastrophic injury or wrongful death, please feel free to contact one of our catastrophic injury and wrongful death lawyers for a free no obligation consultation at 1-800-421-9595.

March 17, 2010

Another Dangerous Product That Flies In The Air Yet Beneath The Radar And It Might Just Be On top Of Your House And It Has The Potential To Damage And Cause Harm

I my capacity as a Philadelphia product liability lawyer, I am concerned about the safety and design of a roofing product manufactured and sold by GAF-Elk. The system is a Tru Slate 2.0 roof system designed, manufactured, and sold by Elk Corporation and subsequently acquired by GAF. We recently filed a claim in Federal Court against GAF Materials Corp. d/b/a GAF-Elk. We have alleged that a Tru Slate 2.0 roofing system was installed in a coastal home subject to high winds. GAF-Elk advertises that the Tru Slate system was capable of withstanding high winds and stormy conditions. On repeated occasions, a number of the slate tiles became unfastened and blew off causing damage to neighboring properties. The slate tiles became detached and flew through the air in a “frisbee-like” fashion damaging neighboring properties and with the potential to catastrophically injure and even kill others in its path. The company made repeated efforts to remediate the problem, yet the problem still exists and the owner of the property is unable to find anyone in the local area willing to repair the roof due to the complexity of the system and fears of legal liability. When the company was repeatedly advised about the problem and potential for injury, they attempted to initially remediate a fix, but the system continues to fail sending tiles flying through the air. This situation presents a hazard to the innocent public passersby. We believe that this is another example of putting concern for profits ahead of consumer safety.

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If you or a loved one has had a problem with a GAF-Elk Tru Slate Roof System or has been injured by flying shingles or debris or has sustained severe property damage due to defectiveness or alleged defective design of the system, please feel free to contact one of our experienced Philadelphia product liability lawyers for a free consultation and analysis of your case.

March 9, 2010

It’s About Time That Toyota And Other Japanese Manufacturers Agree To Provide Black Box Readers To Regulators - Frustrated Auto Product Liability Lawyer Weighs In

As an experienced automotive product liability lawyer, my legal brethren and myself who dedicate their practices to automotive product liability and consumer safety have been all too frustrated many times over the past few years when we attempt to download the black boxes from Toyotas and other Japanese auto manufacturers. More so than any other automakers that we litigate against, many of the Japanese automakers have placed roadblocks in our path in making data from black boxes accessible. Yoshimi Inaba, the President of Toyota North America, told a Senate Committee on Tuesday, March 2nd that the company would be delivering three data readers to the National Highway Safety Administration on Wednesday, March 3rd and that the company hoped to make the data more accessible to other systems by the middle of 2011.

Quite frankly as an experienced product liability lawyer who has had vast experience with the downloading of black boxes and the evaluation of data, I am curious why only three data readers are only being made available and why the consumer public and experts must wait until the middle of 2011 to receive more accessibility when citizens lives are knowingly in danger. Once again, it seems that profitability is being stressed over public safety in this game of hide and seek by Toyota. I have always believed that if you are confronted with a problem or safety issue, get the facts out there as soon as possible so other innocent victims are not killed or catastrophically injured.

I for one believe that Toyota is “hiding something” and for a company that prides itself on integrity, they are certainly not doing a great job putting their cards on the table as surveys now reveal that more than half of the people out there are less likely to buy a Toyota. On the positive side for major U.S. automobile manufacturers, sales are up but many analysts claim its at Toyota’s expense. By the way, it is important to note that the black box recording devices utilized on Toyotas are not so dissimilar from black boxes utilized on American cars as common safety features. However, one important aspect is that Toyotas can only be read by Toyota technicians with specialized readers which is not the case with black boxes manufactured by U.S. car companies. As I review the congressional hearings, there is a theatrical ring about it. The answer is quite simple, “... without integrity nothing stands.”

You can rest assured that the automotive product liability lawyers at Reiff and Bily and many other fine lawyers committed to the cause around the United States of America will do their best to ferret out the truth in these matters.

March 4, 2010

The United States Congress Committee On Oversight And Government Reform Reveals Evidence That Toyota Deliberately Withheld Relevant Electronic Records That It Was Legally Required to Produce

In a letter from the United States Congress Committee on Oversight and Government Reform sent to Mr. Yoshimi Inaba as part of their investigation into Toyota’s handling of vehicle recalls arising from incidents of sudden acceleration, it was revealed that Toyota deliberately withheld relevant electronic records that it was legally required to produce in rollover litigation. Many of these documents concerned rollover cases where the plaintiff was injured or killed. The letter also goes on to note that Mr. Dimitrious Biller, who is managing counsel of the product liability group of Toyota Motor Sales and in a very senior position in which he lead the defense of some of the largest tort cases against Toyota, particularly rollover cases involving seriously injured victims, did not produce all of the requested documents during the litigation process. Biller was concerned with Toyota’s failure to produce electronic documents in litigation. The documents also indicate that Mr. Biller was concerned that Toyota’s interactions with NHTSA would be discovered. Finally the Biller documents shined light on Toyota’s handling of the sudden, unintended acceleration problem.

In summary, the Biller documents and Toyota documents indicate a systematic disregard for the law and a routine violation of court discovery orders in litigation. People injured in crashes involving Toyota vehicles may have been injured a second time when Toyota failed to produce relevant evidence to the court. This also raises very serious questions as to whether Toyota has withheld substantial relevant information from NHTSA.

As experienced product liability lawyers, we have been well aware of Toyota's posturing for many years and their refusal to play fair in the litigation process. We are currently investigating a number of Toyota airbag and sudden acceleration claims.

February 12, 2010

Auto Industry Getting Called To The Carpet - Consumer Outrage Growing

Since 1979, I have successfully represented injured consumers against major automobile manufacturers on behalf of clients who sustained catastrophic injuries or fatalities as a result of defectively designed cars. Unbelievably, there is not a single government group that has responsibility for assuring the public that cars and trucks are safe similar to the situation as it exists with the Food and Drug Administration or the FAA who extensively test products before they hit the market.

In the last month, Toyota has recalled in excess of 8.5 million cars and evidence reveals that Toyota was well aware of numerous defects in these vehicles for many years as was the National Highway Traffic Safety Administration. As a matter of fact, State Farm Insurance Company noted that it warned the federal government about a disturbing trend of vehicle caused accidents involving Toyota Motor Corporation as far back as 2007. The insurer stated that it contacted the National Highway Traffic Safety Administration in late 2007 and had been in touch with a regulator an unspecified number of times since then.

Last summer a former Toyota lawyer alleged that Toyota had concealed evidence from courts and from the government in a systematic and ruthless fashion. Toyota’s marketing experts were quite adept at portraying an image of integrity and social conscious with the Prius. Unfortunately, actions speak louder than words and perhaps once and for all the concerted efforts of trial lawyers and the outrage of consumers will be enough to generate support for true and realistic safety regulation in the automobile industry.

This experienced automobile defect lawyer who has fought for clients who have sustained catastrophic injuries or fatalities for many years would like to see a system where vehicles have to pass regular safety tests prior to entering the marketplace and have their designs examined by government regulators with teeth similar to the FDA prior to entry to the marketplace. The car is no different than a new drug being introduced to market for the safety of precious lives.

February 9, 2010

Prius And Toyota Symbols Of Integrity? - A Philadelphia Automotive Product Liability Lawyer Speaks Out

For many years the experienced automotive product liability lawyers at the Philadelphia-based law firm of Reiff and Bily have successfully investigated and litigated many cases against most of the world’s major automobile manufacturers. As an automotive product liability lawyer familiar with many of the defects in automobiles which cause catastrophic injuries and death, I am often consulted by clients and friends of clients requesting which is the safest car and which company has the most integrity. For years, the Prius was one of the benchmarks of “anti-status” automobile manufacturer integrity. When one thought of Prius, we thought of an automobile manufacturer with a conscious and who had integrity with regard to protecting the environment and an eye looking forward to the future. If one goes to Toyota’s website, it is noted “Toyota’s integrity, passion, and innovation extend beyond their vehicle manufacturing. We also believe in helping people improve the quality of their life and their communities.”

Recently Toyota has been on the offensive noting that the Los Angeles Times published an article that wrongly and unfairly attacks Toyota’s integrity and reputation. While everyone has been quick to point the finger at Toyota’s spiraling problems, trial lawyers, as well as U.S. regulators, have been aware of Toyota’s dragging its feet on safety issues as well as fixing defective gas pedals. While Toyota initially came out and stated that the acceleration problem was due to faulty safety mats, this experienced automotive safety product liability lawyer will state that it’s simply not just about the floor mats. Recently, in August of last year, a former managing counsel for Toyota filed a lawsuit against Toyota alleging that Toyota destroyed evidence in hundreds of automobile product liability lawsuits. The lawsuit claims that Toyota destroyed evidence in a ruthless conspiracy to keep the information secret. So much for integrity.

Reiff and Bily is currently investigating cases of sudden unintended acceleration affecting a large number of Toyota cases. Reiff and Bily investigators and attorneys clearly dispute the argument that this problem was entirely linked to floor mats. Last evening Toyota announced a recall of the Prius for alleged faulty braking issues. With all of the recent recalls and confusion owners of affected Toyotas must consider whether or not the manufacturer is really as trustworthy and full of integrity as they advertise and would like you to believe.

January 25, 2010

Manufacturers of Defective Products Owe the Public an Obligation to Communicate a Product Recall According To Experienced Philadelphia Products Liability Lawyers

For the last 30 years, the experienced Philadelphia product liability attorneys of Reiff and Bily have been representing catastrophically injured or deceased clients who sustained their injuries as a result of a defectively designed product. Many times the smart manufacturer will issue a voluntary recall of the product. However, many times many corporations make a cost benefit analysis calculating that it is cheaper to litigate a wrongful death or personal injury claim than to recall an entire batch of product line.

As Americans, we would like to think that manufacturers and companies have a high level of responsibility and will communicate with the American public if there is a problem with a manufactured product. We also assume that products that are sold in the marketplace for personal use are safe and expect the company to be forthcoming if a problem is reported. There is not a week that goes by where we are not aware of a product recall and although some companies such as Johnson & Johnson or McNeil Labs have historically reacted quickly whenever there was need for a recall and have even in some cases overreacted by pulling products when they have not caused a problem.

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January 19, 2010

Nutritional Supplements Are a Highly Unregulated Industry and Often Times Lead To Catastrophic Consequences Including Death

The holiday season is over and many of our readers have flocked to the gym and are quick to purchase nutrition supplements, bodybuilding products or over-the-counter weight loss products. In the year 2008, Americans spent $2.7 billion dollars on nutritional supplements, weight loss products, energy bars and muscle mass supplements that make many unsubstantiated promises. The majority of these products go untested by the Food and Drug Administration. Unfortunately there is little or no uniformity or regulation among these products and many times we learn of catastrophic or fatal consequences when it is too late.

As an experienced Pennsylvania product liability attorney who has dealt with some catastrophic side effects of these supplements, I join many doctors and legislatures calling for increased regulation of the fitness supplements.

If you or a loved one has suffered a serious injury or fatality as a result of using a fitness supplement or any other medication, please feel free to contact one of our experienced Pennsylvania product liability lawyers for a free no obligation consultation.

December 21, 2009

Fifty Million Roman Shade Blinds to Be Recalled as a Result of Catastrophic Injuries and Deaths Involving Strangling of Children

The government and window covering industry announced a massive recall involving more than 50 million roman style shades and roll-up blinds due to a high risk of strangulation by the cords. Since 2006, sixteen near strangulations from roman shades and up to three deaths connected to roll-up blinds have been reported.

Salutations to safety advocate Linda Keiser who tragically lost her daughter to a window blind cord and has been steadfast in her efforts to prevent further injuries and harm. Keiser claims that window treatment cords have killed 104 children since 2000 and she has been aggressively pushing to remove them from the market. It is simply not enough to allow a loop to fit over a child’s head with minimal effort resulting in a hanging or strangulation of a child. CPSC informs consumers to immediately stop using the recalled products and asks them to contact the window covering safety council for a free repair kit at 1-800-506-4636 or by visiting www.windowcoverings.org.

If you or a loved one has suffered an injury or fatality due to a defective product, please feel free to contact the experienced Pennsylvania product liability lawyers at Reiff and Bily for a free no obligation consultation.

December 11, 2009

As American Citizens Become More Obese More Turn To Diet Plans But Are They Really Safe? - An Experienced Philadelphia Personal Injury and Malpractice Lawyer Weighs In

Obviously, as news reports indicate, obesity in an increasing problem with Americans today. Approximately 35 to 40 million Americans are estimated to be obese and you cannot watch television for more than an hour without seeing a commercial for one of the latest diet plans. As the diet and exercise business is growing, it is estimated that billions of dollars will be spent this year on diet food products. These diet plans are not for everyone and may present health problems for many. Although the commercials show amazing results and the product seems unbelievably perfect, many of the diets are not scientifically researched and can cause serious health consequences, including but not limited to cardiac dysfunction, changes in lipids and sometimes death. If you are on a diet plan, it is important that you contact your physician and get tested regularly to insure progress and safety.

If you or a loved one has suffered a serious injury or death as a result of a diet plan, you may want to contact one of our experienced Philadelphia personal injury lawyers for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

December 2, 2009

Pennsylvania Product Liability Attorney Encourages Consumers and Parents to Shop Safely During the Holiday Season

As an experienced Philadelphia product liability attorney, I am constantly reading about the latest product recalls and am aware of numerous safety defects with children’s toys and other products that often result in catastrophic injuries and fatalities. When shopping for children’s toys, it is important to consider detachable parts or sharp objects which could harm a child. To determine if a toy or product is safe or has been recalled, one can always visit the Consumer Product Safety website at www.cpsc.gov. If you are using a product that you deem to be unsafe, it is important to report the product to the Consumer Product Safety Commission.

Recently there was an extensive recall of children’s metal pendants featuring animations of cartoons under the names of “Bleach,” “Death Note,” “Naruto” and “One Piece.” These were sold at toy shops nationwide from November 2008 though March 2009 for between $3 and $4. The items were manufactured in China and according to the Consumer Product Safety Commission, they contain high levels of lead which is toxic if ingested by young children.

If you or a loved one has been injured by a defective and unsafe product, please feel free to contact one of the experienced defective product liability lawyers at Reiff and Bily for a free no obligation consultation. Reiff and Bily is committed to promoting consumer safety.

November 25, 2009

One Million Cribs Deemed Unsafe - Drop-Down Sides Can Potentially Suffocate Toddlers and Infants

The Consumer Product and Safety Commission issued a press release and announced the recall of 2.1 million potentially defective cribs on Monday, November 23, 2009. The Consumer Product Safety Commission indicated that parents should immediately stop using Stork Craft drop side cribs which are manufactured by Stork Craft Manufacturing Inc. of British Columbia. There are approximately 1.2 million of the cribs in distribution in the United States and 968,000 in Canada. The recall also includes 147,000 Stork Craft drop-side cribs with a Fisher-Price logo according to the CPSC. The cribs were sold at major retailers including Sears, Wal-Mart, Amazon.com and Target between January 1993 and October 2009.

According to the CPSC, the cribs’ drop-side is attached with plastic hardware which can detach unexpectedly creating a space between the crib wall and adjacent mattress causing infants and toddlers to become trapped and suffocate or fall to the floor. There have been 110 documented instances of drop-side detachment, including 67 in the U.S. and 43 in Canada, with 4 resulting in suffocation and 20 resulting in falls that caused injuries that range from concussions to bumps and bruises. Last January, the CPSC issued a recall of over 535,000 Stork Craft cribs due to safety concerns.

As an experienced Philadelphia product liability lawyer who has been fighting manufacturers of defective products since 1979, I join the call for stricter regulations and standards on companies manufacturing children’s products, including but not limited to such cribs. Since the beginning of 2007, more than 5 million cribs, bassinets and play yards have been recalled according to CPSC.

November 13, 2009

Attention Parents: Maclaren USA Inc. Recalls Strollers after Amputation Reports

The experienced Philadelphia defective product liability lawyers call your attention to the fact that Maclaren USA Inc. has recalled approximately one million strollers sold in the United States over the past decade after receiving reports of children’s fingers being amputated when caught in the stroller’s hinges. Maclaren announced a voluntary recall with the U.S. Consumer Product Safety Commission on Monday, November 9, 2009. CPSC said consumers should immediately stop using the strollers which were made in China unless otherwise instructed. The recall involves all Maclaren single and double umbrella strollers sold in the United States starting in 1999. Maclaren had received 15 reports that children were placing their fingers in the stroller’s hinge mechanism with 12 reported finger amputations in the United States. The incidents occurred while the strollers were being opened or closed and not while the children were seated in the strollers.

Models affected include Volo Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triump, Twin Techno and Easy Traveler. If you or a loved one has sustained an injury while using a Maclaren stroller or any other defective product, please feel free to contact the experienced defective product liability lawyers at Reiff and Bily for a free no obligation consultation.

October 14, 2009

Texas Court Issues A Temporary Restraining Order Against Toyota Motor Corporation, Toyota Motor Sales, Toyota’s Attorneys, Toyota’s Experts, and Toyota’s Contractors

On September 30, 2009, Judge John T. Ward issued an Order putting a hold on any product liability claim against Toyota. A former Toyota attorney claimed in a lawsuit that Toyota withheld and destroyed evidence regarding rollover accidents. The ex-Toyota attorney noted this summer in a lawsuit filed in the U.S. District Court in Los Angeles that Toyota did not heed his urging to disclose all evidence useful for rollover suits or for the National Highway Trade Traffic Safety Administration regulations. Toyota forced him to resign. Judge John T. Ward issued a temporary restraining order against Toyota in the case captioned Lopez, et al. v. Toyota Motor Corporation, et al. The temporary restraining order reads as follows:

It is hereby ordered that defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., Christopher Reynolds, Jane Howard Martin, Eric Taira, and Dian Ogilvie, together with their officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them with knowledge of this order, shall: 1. Issue litigation holds on all documents in any form pertaining to any make, model or year platform vehicle; 2. Issue litigation holds on all documents in any form pertaining to any non-production vehicle evaluation pertaining to product liability or crashworthiness issues; 3. Issue litigation holds on all documents in any form pertaining to research projects that involve issues related to product liability or crashworthiness issues; 4. Issue litigation holds on all documents that are presently or will be subject to any type of document retention policy; 5. Issue litigation holds on all documentation and all communications sent to outside Counsel, outside experts, or outside contractors. The Court sets a hearing on this matter to show cause why this order should not be converted to a preliminary injunction, for October 7, 2009 at 1:30 p.m. This order shall expire on October 7, 2009 unless extended by the Court for good cause shown. The Court has considered the issue of bond and is persuaded that no bond should be required at this time. Signed by Judge T. John Ward on 9/30/09. (ehs, )

If you or a loved one has been injured as the result of a defective motor vehicle, please contact one of our experienced Philadelphia product liability lawyers for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

September 2, 2009

Parents May Trade In Used Children’s Items Including Cribs, Basinets, Car Seats, Strollers, Travel Systems, Play Yards Regardless Of How Old They Are Or Where They Were Purchased

The Pennsylvania defective product liability lawyers of Reiff and Bily salute the Toys-R-Us trade in program which hopefully will raise awareness about unsafe children’s products. According to the Chairman of Toys-R-Us, “There have been many significant improvements in consumer product safety legislation in recent years but many of the products out there pre-exist current consumer product safety standards.”

For the last two years millions of baby cribs, toys and other items targeted for child use have been recalled for safety risks that included strangulation, suffocation and entrapment. Unfortunately, despite the recalls a safety advocacy group stated that consumers generally return less than 30% of defective items when a baby product is recalled. Many times they are not aware of the safety recall. Last year, for instance, the Consumer Product Safety Commission reissued an August 2008 recall for approximately 900,000 Simplicity Bassinets because two infants had died after becoming trapped between the product’s bars or in a pocket of fabric. The initial recall was prompted by the deaths of two other children.

The Pennsylvania product liability lawyers of Reiff and Bily are advocates of consumer safety. Unfortunately there are many products in the stream of commerce that can affect the safety of your family. If you or a loved one has been seriously injured or killed from the use of a defective product, please contact one of our experienced product liability lawyers for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

August 28, 2009

Defective Refrigerator Recall Due To Fires

The Pennsylvania defective product lawyers at Reiff and Bily call your attention to a U.S. Consumer Product Safety Commission announcement involving a voluntary recall of the following consumer products: Maytag, Magic Chef, Performa by Maytag, and Crosely brand refrigerators. Approximately 456,000 additional units recalled. Please note in March 2009, 1.6 million units were recalled. The units are manufactured by the Magtag Corporation of Newton, Iowa and the hazard was noted to be an electrical failure in a relay, the component that turns on the refrigerator’s compressor which can cause overheating and pose a serious fire hazard. According to the US CPSC announcement, Magtag received 23 additional reports of fire relay ignition including four reports of property damage ranging from smoke damage to extensive kitchen damage. The units were sold by department appliance stores and by homebuilders nationwide from September 2000 through May 2004 in the price range of $350 to $1,600.

We recommend that consumers immediately contact Magtag to determine if their refrigerator is included on the recall and if so, to schedule a free in home repair. You can visit Magtag’s website at www.repair.magtag.com.

August 6, 2009

Yamaha Rhino Rollovers Continue to Kill Many Innocent Riders

According to a report filed by The Consumer Product Safety Commission, more than 440 wrongful death and personal injury lawsuits are pending against Yamaha. They further report that Yamaha has settled many other cases. Most of the Yamaha Rhino rollover stem from rollovers in which drivers or passengers were flung through the open door space to the ground and smashed by an 11,000 pound vehicle.

On March 31, 2009. under pressure from The Consumer Products Safety Commission, Yamaha announced a “free repair program” to improve the Rhino’s handling and stability - seemingly a recall in everything but name. Reports revealed that Yamaha began investigating the use of leg protection on the Rhino by early 2006 but did not offer the half doors until August 2007 and a retrofit offer covered 2004 to 2007 Rhinos. Doors are now standard on the 2008 model. In deposition testimony, senior Yamaha engineers stated that they had considered using doors in the first place - then gave a surprising explanation for deciding not to. Doors would create such a feeling of safety, they said, that riders might not wear helmets or seat belts. In a deposition in May 2008, Takanori Suzuki, formerly a project leader for the Rhino, stated even now the only reason to include doors is that “occupants are intentionally sticking their legs out in situations involving aggressive driving and abrupt maneuvers”.

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July 31, 2009

Nutritional Supplements Used By Bodybuilders May Cause Acute Liver Injury And Kidney Failure

The Pennsylvania product liability lawyers at Reiff and Bily salute the FDA’s warning to consumers on Tuesday not to use bodybuilding products that are sold as nutritional supplements as they may contain steroids or steroid-like substances. The FDA cited reports of acute liver injury and kidney failure.

There have been increased reports of medical problems in men who have used such bodybuilding supplements and the FDA alert named 8 specific supplements sold by a single company. However, it did not provide clear guidance to consumers on what other products to avoid. The FDA noted that buyers of these products should be aware of bodybuilding products that claim to enhance or diminish the effects of hormones such as testosterone, estrogen or progestin. The FDA cited 8 popular products from American Cellular Labs, including Mass Xtreme and Tren Xtreme. The agency found them to contain hidden and potentially hazardous steroids.

According to news sources last week federal agents in San Francisco executed search warrants on the company’s San Francisco outlet of Max Muscle, a chain of sports nutrition stores, some of which sold the products cited by the FDA.

If you or a loved one has sustained injuries as a result of consuming nutritional supplements, please feel free to contact the experienced Pennsylvania product liability lawyers at Reiff and Bily for a no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

June 18, 2009

Zicam Nasal Spray Warning

On June 16, 2009, the Food and Drug Administration told the manufacturers of one of the country’s most popular cold medications, Zicam, to stop selling its nasal spray and swabs. In the last 10 years, approximately 130 consumers have filed complaints stating that they permanently lost their sense of smell after using Zicam.

The manufacturers of Zicam, Matrixx Initiatives, has suspended shipments of the products and they claim that the warning is not supported by scientific evidence and is asking the FDA for review. According to the New York Times, the company paid $12 million dollars to settle 340 lawsuits from Zicam users who claim that their product destroyed their sense of smell in 2006 and hundreds more lawsuits have been filed.

The Los Angeles Times reported that the company will be required to receive FDA approval if it wants to market the products in the future. The L.A. Times also reported that the company may have received 800 reports “of anosmia... associated with the use of the products from doctors and consumers, but has failed to report such reports to the FDA.

If you or a loved one has been using Zicam and have experienced any medical problems or have lost your sense of smell, you would be well advised to seek the services of an experienced medical malpractice or products liability lawyer to evaluate your condition and explore your legal options. Reiff and Bily are experienced product liability lawyers who are committed to promoting consumer safety. For a free no obligation consultation, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

June 3, 2009

On Behalf Of My Clients Thank You President Obama And Your Administration For Imposing Limitations On Preemption Of State Laws

The Pennsylvania product liability lawyers of Reiff and Bily are pleased to share breaking news regarding a landmark achievement announced in Washington, D.C. on May 20, 2009. From now on, regulatory preemption of state common law will be strictly limited. Even regulations issued within the past 10 years will have to be reviewed. This represents a major victory for the rights of all Americans under state law and is the culmination of years of tireless and dedicated efforts by the American Association for Justice.

President Obama issued a directive to the heads of all Executive branch departments and agencies stating it is the policy of his Administration that “preemption of state law by Executive departments and agencies should be undertaken only with full consideration of legitimate prerogatives of the states with a sufficient legal basis for preemption.” Preemption of state common law will no longer be presumed or asserted by regulatory agencies absent “explicit preemption by Congress or as otherwise sufficient basis under applicable legal principles.” This is an enormous victory for consumers and injured plaintiffs. Les Weisbrod, President of The American Association of Justice, stated “This victory reflects what we believe the law in reality has always been and how it should always have been applied. This corrects a decade of abuse of the regulatory process and signifies a triumph for states rights and for the legal rights of Americans and their families.”

The experienced Pennsylvania product liability lawyers at Reiff and Bily thank many of our readers and citizens that have been fighting the preemption fight day in and day out in courtrooms and by writing to their legislators throughout America. It is a great day for the American justice system when the rights of injured consumers are fully recognized and not legislated away in an unconstitutional fashion.

Reiff and Bily are product liability lawyers committed to representing the rights of clients in Pennsylvania and throughout the United States with an association with prominent counsel of clients who were harmed by dangerous or defective products. Consumers have the right to expect that the products they purchase are safe for use or consumption and that their rights to the courtrooms and justice shall not be blocked by the government or corporations. Our experienced product liability attorneys have been able to successfully recover compensation for injuries, pain and suffering, medical expenses and other costs related to a dangerous or defective product. Please contact us at 1-800-421-9595 or online at www.reiffandbily.com to schedule a free consultation with one of our experienced dangerous or defective product lawyers.

May 28, 2009

The Pennsylvania Supreme Court Renders Important Decision Upholding Denial Of Coverage For Late Notice

The Philadelphia personal injury and insurance claim lawyers at Reiff and Bily call your attention to a recent ruling by the Supreme Court of Pennsylvania in Ace American Insurance Company v. Underwriters at Lloyds and Companies which upheld the importance of enforcing the plain and clear meaning of insurance contract language.

In the case at hand, Ace purchased a claims made and reported policy with Lloyds and the terms specifically stated that Ace must file a report or it must report a claim as soon as practicable and in no event no later than 90 days after the expiration date of the policy. The insurance company denied payment claiming that Ace failed to timely comply with the errors and omissions policy’s specific notice of claim requirements. Ace argued that the insurance company could not be denied a claim based upon late notice unless it could show harm or prejudice.

Claims made insurance policies provide an insurer a clear and certain cutoff date for coverage. In return, the insured typically pays a lower premium. Based on actual data, a claims made policy can be as much as 32% cheaper than an occurrence policy premium according to public records.

Continue reading "The Pennsylvania Supreme Court Renders Important Decision Upholding Denial Of Coverage For Late Notice" »

May 7, 2009

Philadelphia Product Liability Attorneys Of Reiff and Bily Call Awareness To Recall of 96,000 Defective Cribs

Philadelphia product liability lawyers of Reiff and Bily inform our clients and readers that the U. S. Consumer Product Safety Commission reported on May 5, 2009 that Jardine Enterprises is recalling cribs. The cribs are being recalled due to a potential strangulation hazard. U.S. Consumer Product Safety Commission provided “The wooden slats can break, creating a gap, which can pose an entrapment and strangulation hazard to infants and toddlers”.

This is the third recall that Jardine Enterprises has announced for its wooden cribs. The second recall came early this year in January of 2009 in which three potential models of the crib were cited as being a child safety hazard due the potential for strangulation. The U.S. Consumer and Product Safety Commission has requested that consumers stop using the cribs immediately and contact Jardine Enterprises to obtain instructions on how to receive full credit towards the purchase of a new crib.

The Philadelphia product liability law firm of Reiff and Bily has been representing clients in Pennsylvania who were harmed by defective products. Consumers have the right to expect that the products they purchase are safe for use or consumption. Faulty or dangerous products such as those recalled can cause serious injuries or kill innocent victims.

If you or a loved one was injured by a defective product, Reiff and Bily can investigate what caused your injuries and which parties were responsible under Pennsylvania law. Call the experienced product liability lawyers at Reiff and Bily at 1-800-421-9595 or contact us online at www.reiffandbily.com to schedule a free consultation with one of our experienced defective product lawyers.

May 5, 2009

Hydroxycut Users Beware

As many of you may or may not be aware, on May 1, 2009 the Food and Drug Administration advised people to immediately stop using the dietary supplement Hydroxycut which is linked to serious liver injuries and death. In its warning, the FDA identified 23 reports of Hydroxycut causing liver damage. The maker of Hydroxycut has also agreed to recall all Hydroxycut products. FDA recall notice.

Hydroxycut products are manufactured by Iovate Health Sciences Inc. of Ontario, Canada and distributed in the U.S. by Iovate Health Sciences USA near Buffalo, NY and is used by people trying to lose weight, as well as by bodybuilders looking to tone muscles. Because Hydroxycut is a dietary supplement it can be purchased in most grocery stores, health food stores and pharmacies. Hydroxycut products are heavily used as reports indicate that there were 9 million units sold in the United States in the last year.

We are investigating all Hydroxycut claims and reviewing cases where there has been liver failure, liver transplant or death from liver failure. Please feel free to contact the Reiff and Bily with any questions or concerns at 1-800-421-9595 or online at www.reiffandbily.com.

April 16, 2009

Reiff And Bily Is Pleased To Announce

The Philadelphia catastrophic personal injury law firm of Reiff And Bily is pleased to announce that Andrew A. Solomon has recently joined our firm. Mr. Solomon has extensive experience representing plaintiffs in complex medical/professional negligence, products liability, civil rights and complex personal injury matters throughout the Commonwealth of Pennsylvania since 1976. His practice has associated him with Marshall Bernstein, Esquire, Lawrence Evans Grant, Esquire, Thomas B. Rutter, Esquire, Andrew E. DiPiero, Esquire, John Dodig, Past President of The Philadelphia Trial Lawyers Association.

Mr. Solomon has tried numerous complex personal injury cases to significant verdict.

April 1, 2009

Yamaha and The Consumer Product Safety Commission Finally Releases Recall For Dangerous Rhino Vehicle - Philadelphia Vehicle Rollover Lawyer Weighs In

The Philadelphia SUV rollover and 15-passenger van rollover lawyers of Reiff and Bily have been blogging for months about the unsafe qualities of the Yamaha Rhino. The Yamaha Rhino has been prone to rollover from the first day it was sold.

We have learned today that the Consumer Product Safety Commission and Yamaha has finally issued a recall for thousands of Rhino 450 and 660 off-road vehicles. Yamaha has stopped selling the vehicles until they can repair them and has officially informed owners that they should stop using them until they can be repaired. The CPSC has investigated more than 50 incidents, including 46 deaths, involving the two models in rollover unbelted incidents. We have consistently stated that the Yamaha Rhino is one of the most dangerous vehicles manufactured and in use. We are grateful that the probe by the Consumer Products Safety Commission resulted in this definitive action which will hopefully save many more lives and avoid many more catastrophic injuries. We are well aware of many accidents which indicated that the design of the Yamaha Rhino poses a substantial risk of injury and death to unknowing consumers. According to many complaints filed and expert opinions, the Yamaha Rhino is prone to rollover even while operating on slow speeds and flat surfaces due to its high center of gravity and narrow wheel base combined with powerful engine and small turning radius.

The Philadelphia product liability lawyers at Reiff and Bily has achieved a national reputation in the area of product liability and rollover accidents and in recognition of their accomplishments, Jeffrey Reiff and Raymond Bily have been named Superlawyers for six consecutive years by Law and Politics Magazine and Philadelphia Magazine. If you have any questions or concerns regarding a Yamaha Rhino rollover, you can contact an experienced Philadelphia rollover attorney at Reiff and Bily by calling toll free at 1-800-421-9595 or by submitting the firm’s online free case consultation form at www.reiffandbily.com.

March 27, 2009

Is Your Baby’s Pacifier Safe - 2,900 Baby Necessity Pacifiers Recalled

A recent recall notes that approximately 29,000 baby necessities pacifiers manufactured in China and imported by OKK Trading of Los Angeles, California has been recalled because they failed Federal safety tests. The nipples can separate from the base and pose a choking hazard to infants. Although no incidents have been reported, these pacifiers which sold at dollar and discount stores around the United States between August 2007 and January 2009. More details are available by phone at 877-655-8697 and on the web at http://www.okktrading.com or http://www.cpsc.gov.

If you or a loved one has been injured due to a defective product, please contact the Philadelphia product liability lawyers at the law firm of Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com.

March 26, 2009

Hazardous Highchairs Recalled By Fisher-Price

The Pennsylvania product liability lawyers at Reiff and Bily alert you in conjunction with the United States Consumer Products Safety Commission in cooperation with Fisher-Price that a voluntary recall has been made of 3-in-1 high chairs manufactured by Fisher-Price. The product is 3-in-1 highchairs. Approximately 24,000 units are involved in the recall. The importer is Fisher-Price of East Aurora, New York. The noted hazard is that the seat can fall backwards from the highchair frame if the booster seat release is unlatched while the child is in the product. Also, the seat back can detach if not fully snapped in place posing a fall hazard and risk to young children. Reports of seat back detachment and child falling out resulted in a skull fracture according to sources. This product was sold exclusively at Target department stores nationwide from December 8, 2008 through March, 2009 for approximately $100. Consumers should stop using the recalled high chairs immediately and contact Fisher-Price for instructions and a free repair kit at 1-800-432-5437 anytime or visit the firm’s Web site at http://service.mattel.com/us.

If you or a loved one has been injured as a result of a defective product, please contact one of our Philadelphia product liability lawyers at the law firm of Reiff and Bily for a free evaluation of your case at 1-800-421-9595 or online at www.reiffandbily.com.

March 3, 2009

Horse and Trailer Is Off To The Races But On The Highway

A trailer carrying a thoroughbred race horse named Top Glory cruised out of control on Interstate 75 the other day, crashing through signs and tipping on its side with a thoroughbred horse named Top Glory inside. Just like many other similar defective trailer accidents, this horse trailer came unhinged from the vehicle towing it and brought the horse along for the ride.

As this Philadelphia defective trailer attorney has previously written, many state codes are overtly silent as to the design or construction specifications for trailers or for towing chains and hitches under 3,000 lbs. In fact, trailers just under 3,000 lbs. are not regulated in most states. The utility trailer industry and their prideful lobby has continued to stop any attempts to improve this class of trailer in all 50 states and has prevented the enactment of a federal standard on trailer hitches. Many of us have seen that trailers have a sway phenomenon when excessive speed is used on highways. Quite simply, many of these trailers are just accidents waiting to happen. On a regular basis, we are aware of trailer accidents where individuals are catastrophically injured or killed.

If you or a loved one has been involved in an accident involving a disconnected or defective trailer, or for that matter, a trailer being towed, please contact the defective trailer lawyers at the Philadelphia defective trailer law firm of Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com.

January 14, 2009

Jury Awards Woman $8.6 Million Dollars Against The Manufacturer Of An Allegedly Defective Towing Coupler Manufactured By Dutton-Lainson Company of Hastings, Nebraska

A Missouri woman who sustained serious head injuries when a towing coupler came apart from a large homemade house trailer that crashed head on into her car successfully won $8.6 million dollars against the manufacturer of the towing coupler. The jury determined that the Dutton-Lainson Company of Hastings, Nebraska knew about the defect in the coupler but did not correct it or issue a warning about it. The victim sustained serious head injuries when the coupler came apart on Illinois Route 143 in April 1997. The significant $8.6 million dollar damage verdict was broken down as $5 million dollars in punitive damages against Dutton-Lainson, $3.6 million dollars in natural damages against the companies and firm whose employees were towing the trailer. Dutton-Lainson’s attorney stated that the company will make all attempts to reverse the verdict.

The defective trailer lawyers at the Philadelphia defective trailer accident law firm of Reiff and Bily have long warned that in many states, including the Commonwealth of Pennsylvania, very minimal regulation exists with regard to trailers and their coupling devices. Many state laws, including Pennsylvania, are silent as to design or construction specifications for towed vehicles or for towing chains or hitches. All too often there are many safety violations and product defects that ultimately lead to catastrophic injuries and fatalities. There is no Federal law, national agency, or Pennsylvania law that requires reporting or regulation of defective trailer coupler accidents.

Continue reading "Jury Awards Woman $8.6 Million Dollars Against The Manufacturer Of An Allegedly Defective Towing Coupler Manufactured By Dutton-Lainson Company of Hastings, Nebraska" »

January 13, 2009

More Potentially Unsafe Cribs Manufactured In China Sold By National Childrens’ Retailers Recalled - Another Epidemic?

The Philadelphia Product Liability law firm of Reiff and Bily wishes to inform you that the Consumer Product Safety Commission Office of Information and Public Affairs has recalled 56,450 Jardine cribs manufactured in China by Jardine Enterprises of Taipei, Taiwan due to the fact that wooden slats can break and create a gap that can entrap or strangle a child. This is an expansion of a previous recall of Jardine Enterprise cribs where it was noted that wooden slats and spindles would break, trap, and strangle infants. Owners of Jardine cribs should check both the first and second recall notices to see if their crib is affected by the recall. The cribs were sold at Kids World, Geoffrey Stores, Toy R Us, Babies R Us and other stores nationwide. Jardine is recalling the Berkley, Capri, Hilton, Olympia, Positano, Spindle and Windsor cribs. These potentially unsafe cribs were sold nationwide from January 2002 through January 2009 for between $220 and $330.

There has been a rash of recent recalls of products manufactured in China posing the ethical question - Are we placing the health, well being and safety of our children to save a few dollars and maximize profits by manufacturers? The recent recall seems to indicate that products manufactured in China are not being manufactured with the same quality standards as those manufactured in the United States even though the average purchaser would assume they had the same standards.

Recently, another recall of over 19 million of Mattel Corporation toys that were imported from China and contained excessive amounts of lead paint causing potential catastrophic injuries and fatalities to young children.

While we would like to think that most of the products manufactured for children in this country as well as abroad are safe, many are not as evidenced by the numerous CPSC recalls.

If you or someone you care about has been injured or killed by a defective or unsafe product, toy, or crib, please contact the product liability lawyers of Reiff and Bily today at 1-800-421-9595 for a free evaluation of your case. Since 1979 we have committed our efforts to protecting injured consumers and promoting consumer safety. For more information, please feel free to browse our website at www.reiffandbily.com.

January 9, 2009

Philadelphia Product Liability Lawyer Warns Snow Skiers to Beware of Defective Atomic Bindings

The Philadelphia product liability lawyers at Reiff and Bily advise you that a voluntary and precautionary recall program has been launched by the United States Consumer Products Safety Commission in cooperation with Atomic Skis GMBH of Austria for Atomic ski bindings that were produced between the years 1998 and 2002. Atomic has noted on its own website that the heel housing component of these bindings could crack, possibly causing the binding to release early posing a falling risk to the skier. Therefore, these bindings must no longer be used.

The models affected include Atomic Race, Xentrix, Device, Centro, and Dynamic. These models were sold by Atomic dealers from 1998 through 2005 for between $150 and $350. It is important to note that skiers are advised by OHS and Atomic to stop using these bindings immediately and return them to an authorized Atomic dealer. The dealer will inspect your bindings for free and will replace the heel component if necessary.

If you or a loved has been injured because of a defective product, please call the Philadelphia product liability law firm of Reiff and Bily for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

December 31, 2008

Is Your Baby’s Highchair Safe?

On December 18, 2008 Evenflo, a manufacturer of infant products including highchairs, recalled approximately 95,000 Majestic highchairs due to fall and choking hazards. According to the recall notice, Evenflo Company of Miamisburg, Ohio noted that plastic caps and metal screws on both sides of the highchair could loosen and fall out causing fall and choking hazards for children. Plastic caps and screws that become loose and fall out can cause a seatback to suddenly fall back or detach from the highchair. Children can fall out or collide with objects and suffer broken bones, abrasions, cuts and bruises. The detached plastic components also pose a choking hazard to children. Evenflo received approximately 140 reports of seatbacks reclining, falling back or detaching unexpectedly and also received over more than 1,000 reports of plastic caps and screws falling out of the highchairs, including seven incidents in which caps and screws were found in children’s hands or mouth but were removed before choking.

Continue reading "Is Your Baby’s Highchair Safe?" »

December 19, 2008

‘Tis The Season To Watch For Dangerous Toys and Gifts

The year 2007 was a banner year for defective toys and children’s objects, which unfortunately caused catastrophic injuries and death to many unsuspecting recipients. Although millions of toys were pulled from store shelves, it was too late to prevent catastrophic injuries to many children.

Continue reading "‘Tis The Season To Watch For Dangerous Toys and Gifts" »

November 26, 2008

Philadelphia Product Liability Lawyer Hopes and Has Reason to Believe That President-elect Obama Will Reshape Federal Judiciary

I have been a practicing personal injury and product liability attorney at Reiff and Bily since 1979. The tenure of President George Bush will be remembered for a extremely conservative and far right movement of the Judiciary. The Judicial system saw appointments of judges with interests broadly sympathetic to financial institutions, pharmaceutical companies and the oil industry narrowly interpreting federally mandated guidelines. The rights of consumers and individuals took a back seat to greedy corporate interests. Injured consumer’s pathways to the courts were blocked at every juncture by federal challenges overriding state laws and individuals rights. Corporate rights and profits superceded individual rights and safety. The landslide victory for President-elect Obama recognizes that voters have had enough and believe that Obama will make the judiciary a high priority because he taught Constitutional law at the University of Chicago and his running mate, Senator Joe Biden formerly chaired the Senate Judiciary Committee.

Continue reading "Philadelphia Product Liability Lawyer Hopes and Has Reason to Believe That President-elect Obama Will Reshape Federal Judiciary" »

November 19, 2008

The Vehicle Most Likely to Rollover, Injure And Kill Innocent Children and Churchgoers Is The 15-Passenger Van - 15- Passenger Van Lawyer Warns Consumers

For many years, the 15-passenger van accident and SUV rollover lawyers at Reiff and Bily have been representing passengers that have been catastrophically injured or killed while being transported in 15 passenger vans that have flipped over. The rollover risk posed by 15 passenger vans, including those predominantly used by church groups, school groups and other unsuspecting individuals, is the most dangerous on the road today. 15 passenger vans started out as cargo utility vehicles in the early 1970's and is still essentially a cargo van with modifications made to accommodate passengers. If a 15 passenger van is fully loaded it is 6 to 7 times more likely to flip over than a van containing only a driver. As a matter of fact, NHTSA has noted that fully loaded 15 passenger vans are more likely to rollover than any other passenger type of vehicle, including cars, mini vans, SUVs and pickup trucks.

Internal documents by the major automotive manufacturers, including but not limited to Ford, Chrysler and GM, revealed that the companies were and still are well aware of safety and deficiencies with the 15-passenger van. However, the manufacturing of these passenger vehicles and the transition from cargo to passenger vans became too profitable and the automobile manufacturers have made a consistent effort to place profitability over consumer safety. Documentation of testing data indicates that the engineers who designed these cars knew they were unsafe and suggested necessary fixes to protect innocent and unsuspecting consumers. Initially in April 2001, NHTSA issued a report on the rollover propensity of 15-passenger vans. It is significant that NHTSA had never done this for any other vehicle and during that time period there had been approximately 800 fatalities.

Continue reading "The Vehicle Most Likely to Rollover, Injure And Kill Innocent Children and Churchgoers Is The 15-Passenger Van - 15- Passenger Van Lawyer Warns Consumers" »

November 15, 2008

Yamaha Rhino Rollovers

Government Investigates "Rhino Rollover” Virus

Yamaha promises its Rhino goes "almost anywhere" referring to its new breed of Utility Terrain Vehicle or U.T.V.'s. What the ad fails to mention is that federal safety regulators are investigating the safety of this vehicle following reports of approximately 30 deaths including two young girls last month. Yamaha Rhino Rollovers

According to a recently published article in The Wall Street Journal on November 4, 2008 Yamaha currently faces more than 200 lawsuits in State and Federal courts alleging that Rhino design is unsafe. (Wall Street Journal article)

Due to their unique design, Rhinos are not subject to the safety standards of all terrain vehicle (ATV's) or even more stringent car safety standards. The Yamaha Rhino ATV is alleged to be unstable during normal operating maneuvers at low to moderate speeds and turning on level ground.

Characteristically, low speed turns lead to sudden rollovers causing the occupants' arms and legs to be crushed by the roll cage as the vehicle slams to the ground.

The Philadelphia SUV rollover firm of Reiff and Bily has represented individuals across the United States who have suffered injuries in SUV and ATV rollovers. If you or anyone you know has been injured in a Yamaha Rhino accident, please contact the ATV and SUV rollover firm of Reiff and Bily for a free consultation at 1- 800-421-9595 or online at www.reiffandbily.com and we will promptly review your case and assist you in recovering damages for pain and suffering along with both future and past medical expenses without fee or obligation to you.

November 14, 2008

The Dangerous Trailer and Hayride Injury Lawyers of Reiff and Bily Proudly Salute the Efforts of Ron J. Melancon of Richmond, Virginia

Philadelphia Amusement and Hayride Accident Lawyers of Reiff and Bily Salute Ron Melancon and dangeroustrailers.org

Ron has been a step ahead of government officials and many lawyers. Ron has recognized that many trailers used for hayrides and other utilities are under 3,000 lbs. and fall below federal guidelines. These trailers do not need to be inspected. You can build one on your own and use it yourself or sell it. As Ron has recognized, there is very little regulation addressed with trailers under 3,000 lbs. Most state laws are silent regarding design or construction specification for utility trailers used in hayrides or for towing hitches. Obviously, a potentially dangerous situation exists using these trailers for hayrides or even on the roads of the Commonwealth. In many cases, we find trailers have obvious violations of safety codes that related to lighting, braking and inspection requirements.

The unregulation of the hayride and trailer obviously allows profit hungry operators to cut corners on safety, often leading to preventable catastrophic injuries of innocent children.

We urge you to link to Ron’s website at www.dangeroustrailers.org. We salute Ron’s efforts to become a crusader for public safety and in his attempts to keep the public informed of the dangerous situations of unregulated trailers and hayrides in the United States and abroad. Consumer advocacy is what change in laws and regulations is all about.

Continue reading "The Dangerous Trailer and Hayride Injury Lawyers of Reiff and Bily Proudly Salute the Efforts of Ron J. Melancon of Richmond, Virginia" »

November 7, 2008

Pennsylvania Defective Product Laws Jeopardized By Federal Agencies

Jeffrey Reiff, a Pennsylvania Product Liability Attorney, expresses concern that federal agencies are blocking the roadway to justice.

The U.S. Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA), Consumer Product Safety Commission (CPSC), The Federal Railroad Administration (FRA), The Pipeline and Hazardous Material Safety Administration (PHMSA), The Department of Homeland Security (DHS) and The Transportation Safety Authority (TSA) have all broken with long-standing agency precedents, claiming authority to provide immunity from state laws. Many members of Congress, and this Philadelphia personal injury lawyer, believe that the agencies have overstepped their constitutional bounds.

A recent report issued by The American Association of Justice entitled “Get Out of Jail Free: How the Bush Administration Helps Corporations Escape Accountability” spotlights efforts by the Bush administration and several federal agencies headed by political appointees to negate the effect of state laws that protect consumers and injured workers, in effect granting immunity to irresponsible corporations. Since the Bush administration first came into power, there has been an unprecedented attack on trial lawyers and those who protect the rights of injured consumers. By pushing to allow complete immunity from lawsuits for corporations, whether through legislation or agency rule, the American public pays. Injured persons will not receive restitution from greedy corporations who sold unsafe products or the federal agencies that cut off their rights. Ultimately, industry will get immunity from state tort claims and the states and their taxpayers will be forced to pick up the hundreds of millions, or billions, of dollars a year in costs to support those who become permanently disabled and no longer have recourse via the courts to recoup their expenses.

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October 31, 2008

Pennsylvania Product Liability Lawsuits At Risk Thanks To Bush Administration Efforts

Bush administration gives early Christmas card to corporate America - “A get out of jail free” card - A Pennsylvania product liability lawyer speaks out.

Last week The American Association for Justice released a report detailing how the Bush administration has engaged in a campaign to include preemption language in over 60 proposed and final regulatory rules in 7 federal agencies. The report indicates that these agencies headed by Bush administration political appointees have embarked upon an unprecedented campaign to negate the effect of state product liability laws that protect consumers and injured workers, in effect granting immunity to irresponsible corporations. One of the hallmarks of the Bush administration has made implementing the “get out of jail free” card for corporations one of its top priorities. Such efforts by the administration in their final days will leave individuals with no restitution for injuries caused by irresponsible corporations and will further stack the deck against American workers and consumers. Basically, big business gets off again and the little guy gets screwed. This campaign has been financially backed by big business lobbyists in their attempt to take the teeth out of any state consumer protection laws and further weaken regulatory scrutiny which has for many years protected consumers from dangerous and defective products.

The American Association for Justice (AAJ) filed multiple freedom of information act requests with the Federal government. The responses to these requests revealed that not only did the Executive Office direct the agencies to override state laws, it wrote the language. In effect, the Bush administration made the safety of Americans a political undertaking. I urge all consumers and readers of this blog to read the full report released by AAJ.

Long time career officials at regulatory agencies clashed with the Bush administration appointees over the attempt to provide complete immunity to corporations when defective products harm consumers. Academic commentators describe the preemption strategy as a travesty and states’ rights groups describe it as nothing more than a backdoor, underhanded means by which unelected federal bureaucrats impose their will on states. These attempts to deprive individuals of their right to the courts are unprecedented and endangers the American public in significant ways. I have always practiced law with the belief and understanding that trial lawyers complement the regulatory system. For many years, academics and the courts have recognized that the regulatory system alone does not have the resources to fully protect the public.

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October 27, 2008

US MILITARY FORCES MAKE SPECIAL TRAINING MANDATORY FOR MOTORCYCLE RIDERS - PHILADELPHIA MOTORCYCLE LAWYER, JEFFREY REIFF, SALUTES THESE EFFORTS

According to a recent article published by the New York Times on Sunday, October 26, 2008, so many members of the armed forces have been dying on motorcycles and sports bikes like the Ninja that the Navy and Marines have made special training mandatory. In just one weekend in September, the Navy lost four men in sport bike accidents.

As I have noted before in my blog, you can go out and purchase a motorcycle from a showroom floor without even having a motorcycle license to buy it or without having any special training. Some of the Ninja bikes will attain speeds of almost 200 mph. In the last 12 months, 50 of 58 sailors and marines killed on motorcycles were operating on such said sports bikes which are much faster than their cruiser counterparts. The Army also lost 36 soldiers on sport bike accidents in the same time period.

In just the last month in our law practice, which specializes in catastrophic personal injury accidents with an emphasis on motorcycle accidents, we noticed a tremendous amount of accidents with people under age 30 who are first time purchasers and have limited experience riding motorcycles. According to Tracy Martin who runs a private riding program aimed at high performance motorcycles, Air Force safety officials predict the military person most likely to die next is a male under the age of 25, working in maintenance, who has a sport bike and owns it less than a month. A direct correlation with those individuals represented by our law firm over the past 25 years. (New York Times article)

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October 24, 2008

UNITED STATES SUPREME COURT TO HEAR IMPORTANT PREEMPTION CASE ON NOVEMBER 3, 2008; COURT’S DECISION WILL DETERMINE WHETHER PATIENTS CAN SUE A DRUGMAKER THROUGH STATE LAW WHEN A PRODUCT HAS ALREADY BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA)

A PHILADELPHIA PRODUCTS LIABILITY LAWYER SAYS THAT THE PUBLIC WILL PAY A PRICE

On November 3, 2008, the pharmaceutical giant Wyeth will take its case to the United States Supreme Court to argue that FDA approval of a drug supercedes state law challenging safety, efficacy and labeling. The drugmaker and the FDA will argue that preemption by maintaining the FDA’s actions are the final word on safety and effectiveness. This Court decision is extremely important and being closely watched by drug manufacturers and plaintiffs’ attorneys on behalf of their affected clients because the ruling will determine whether patients can sue drugmakers through state law when a product has already been approved by the FDA. In a press release, the drugmaker Wyeth argued that preemption protects everyone; “The Constitutional preemption is not new; the patients and physicians need to be able to rely on a single Federal standard and guidelines with the risks, benefits and uses of medicines - the FDA-approved labeling, and upholding preemption will leave America’s courthouse doors open to injured patients.”

This case stems from an instance where Vermont musician Diana Levine was given a Wyeth nausea medication called Phenergan during a visit to a hospital emergency room. However, the drug was administered improperly, causing her to lose her right arm below the elbow. She successfully argued that even though the labeling complied with the FDA requirements, the adequacy of the warning still wasn’t established for a particular method of administering the drug. She further contended that Wyeth wasn’t prevented from adding or strengthening the warning on the label even though the FDA rejected a proposed change. In the lower courts, Levine was awarded more than $6 million dollars. In spite of appeals, the Vermont Supreme Court sided with her. But Wyeth appealed again. No surprise the White House backs Wyeth on their preemption position. (New York Times article)

This case has been referred to as the mother of all preemption cases. If the Court accepts the position set forth by Wyeth and the FDA, the result will be an unprecedented elimination of remedies available to consumers injured by drugs. Many large corporations supported by the Bush administration have vigorously pursued the preemption argument to block the roadways to courts and prevent many injured plaintiffs from full ability to exercise their Constitutional rights. Preemption is a legal doctrine based on the Supremacy Clause of the United States Constitution which states that when Federal and State law are at odds, Federal law will take precedent. Its application to state tort litigation represents a radical extension of its original meaning.

Continue reading "UNITED STATES SUPREME COURT TO HEAR IMPORTANT PREEMPTION CASE ON NOVEMBER 3, 2008; COURT’S DECISION WILL DETERMINE WHETHER PATIENTS CAN SUE A DRUGMAKER THROUGH STATE LAW WHEN A PRODUCT HAS ALREADY BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA)" »

October 23, 2008

I AM A GREEDY TRIAL LAWYER

I have been a lawyer since 1979, aggressively protecting the rights of catastrophically injured individuals. Yes, I am a greedy trial lawyer. I am greedy for justice. As I listen to politicians, including presidential candidates, conveniently noting that lawyers are like bottom feeders or the “scum of the earth” or where I hear ignorant people telling me that trial lawyers are greedy, I can only think to myself that had it not been for trial lawyers, the greed of corporate America and Wall Street would certainly doom us all. When one thinks of greed, we think intuitively that greed is bad. We think of a self-serving, selfish individual who cares about nothing but accumulating wealth. Until lately, we did not hear much about greedy banks, greedy insurance companies or greedy Wall Street investment firms. What we did hear about most is greedy trial lawyers. Today the individual taxpayers are left holding the bag for the most massive bailout of greed in the history of developed nations. It is only when we feel the pain individually that we have the tendency to catagorize something or someone as greedy. Anyone living in today’s world knows that trial lawyers have been under attack and many of the rules applicable to injured and innocent victims have been changed or legislated away to give big corporations more and more power. The most contentious area of tort reform, and the area in which tort reform advocates focus, is on personal injury and the greed of the trial lawyer.

I am fortunate to live and practice law in the United States where juries decide cases and where compensatory and punitive damages are available to injured plaintiffs and to assist in policing the system of corporate greed. Tort reform has become a contentious political issue particularly because of the alleged high cost of compensating injured victims. It is my feeling that lawyers are the silent policemen of society. We protect the hopes and the value of hope of innocent victims. How do you know if your household products or automobiles are defective and could be causing a potential injury to you or your family? How do you know if your medicines are doing more harm than good? How do you know if the toys you purchase are safe for your children? Under current law, many defective and hazardous products remain on store shelves and in medicine cabinets and are in the houses of millions of Americans and you never know they are dangerous. Government and big corporations get away with keeping this information from us. They seal public records in court cases and try to keep everything a secret, even when victims are successful in holding corporations accountable for defective and hazardous products. They are forced to enter into secrecy agreements which prevent them from informing other consumers of the injuries they defend. The practice of secrecy in tort reform is an example of how corporations can legally put profits over people. Politicians claim that lawsuit abuse destroys jobs, forces doctors out of business, and forces companies into bankruptcy. They want to deprive innocent and injured clients of the hope of the judicial system and the access to the courts dictated by the founding fathers of the United States Constitution. Corporations have and will continue to place profits over safety unless policed by trial lawyers and the court system.

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October 21, 2008

YOUR BABY’S CRIB MAY BE A DEATH TRAP

Children’s product maker, Delta Enterprise Corporation, recalls 1.59 million cribs linked to infant deaths according to an article published in the Wall Street Journal on October 21, 2008. A spokesman for Delta Enterprise Corporation, a New York based company, stated that they are recalling 1.59 million cribs and the recall stems from two different types of problematic hardware used on the cribs sold from 1995 through 2005. The hardware, which includes safety pegs for one set of cribs and spring pegs for another, can create a hazard if not properly installed. The drop side of the cribs can fall and disengage creating a gap that can entrap and suffocate infants. The recall by Delta is the biggest in a series of crib investigations and recalls urged by The Consumer Product Safety Commission. In mid-September, the agency also announced a recall of 600,000 Simplicity Inc. drop side cribs involving hardware problems. A month earlier, 900,000 Simplicity convertible bassinets were recalled after Federal regulators linked the products to infant deaths from strangulation. In that case, metal bars were spaced too far apart to prevent infants from slipping through. The company has set up a website at www.cribrecallcenter.com for consumers. The site should be online by Tuesday, October 21st. Consumers may also call 1-800-876-5304. The Consumer Product Safety Commission will announce details of the recall on October 21, 2008. For more information on recalls, please see my blog article dated September 30, 2008.

Products can be purchased at many retail stores, wholesalers, supermarkets or even speciality outlets and they are all manufactured with the implicit guarantee that the purchased product is not defective. Products that are either defective or dangerous can cause injury or even death to thousands of people in Pennsylvania every year. Under the protection of product liability in Pennsylvania, consumers are often able to recover monetary damages stemming from or relating to injuries. Under Pennsylvania law, products must meet certain consumer safety requirements when being used in a lawful and normal manner.

The experienced product liability lawyers at Reiff and Bily specialize in severe and catastrophic injuries caused by defective products. We have almost thirty years of experience handling product liability cases throughout the Commonwealth of Pennsylvania and in other states across the nation. We are available to answer any of your questions regarding product liability. We offer no obligation and confidential evaluations by telephone or through our website. Please contact us today at 1-800-421-9595 or online at www.reiffandbily.com if you have any questions or concerns.

October 15, 2008

THE DISHONEST CLIENT - A LAWYER’S BIGGEST NIGHTMARE

Approximately three weeks ago, I was contacted by clients who allegedly sustained catastrophic injuries. When I initially went to meet the clients, he and his wife provided me with convincingly and tearful recollections of a catastrophic accident in which they were allegedly passengers in a commercial transportation vehicle operated by another commercial vendor that was allegedly struck broadside, rolled over, and ejected the passengers, the result being multiple internal injuries, broken bones, scarring and extensive hospitalization. The initial meeting was quite emotional as the alleged clients were tearful, with other family members attempting to calm them down. The next day I went to my office and met with our staff and investigators and over the process of the next 24 hours learned that these clients were, in fact, imposters attempting to secure financial benefits for themselves by attempting to defraud our office, financial institutions, and potentially an insurance carrier. As we continued to investigate the matter, we also learned that these individuals had contacted other law firms in the same manner.

At the Philadelphia personal injury law firm of Reiff and Bily, we are committed to representing honest clients and cautiously practice law with the motto that today’s best client can be tomorrow’s worst enemy. The dangers posed to lawyers and law firms representing dishonest clients are clear. Often, we read news reports or allegations whereupon law firms are cited for aiding and abetting the dishonest clients’ fraud or misconduct therefore harming other innocent third parties. Not surprisingly, the Insurance Information Institute has estimated that insurance fraud accounts for 10% of property/casualty insurance industry’s incurred loss and loss adjustment expenses of about $30 billion dollars a year. Common frauds include padding or inflating actual claims, misrepresenting facts on insurance applications, submitting claims for injuries or damages that never occurred, and staging accidents.

The National Insurance Crime Bureau has identified ten cities with the highest numbers of staged auto accidents. One of the many types of staged accidents involves a vehicle that is positioned in front of an unsuspecting motorist with a sudden application of brakes causing a rear-end crash.

Philadelphia, Pennsylvania is the number 5 city in the United States with the highest rate of automobile insurance fraud. Just as many alleged clients attempt to commit fraud, unfortunately, so too is the case with many lawyers or healthcare providers. In any profession, there is occasionally a member who is dishonest. Although not all professions or industries protect victims of their dishonest members, the legal profession has generally offered financial protection to members of the public whose money has been stolen by their lawyer or whose lawyer has committed a fraud.

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October 13, 2008

YET ANOTHER TROUBLED INSURANCE CARRIER IS PLANNING TO MOVE ITS POLICIES INTO AN INDEPENDENT TRUST - HOW THIS WILL AFFECT PENNSYLVANIA POLICYHOLDERS

PHILADELPHIA INSURANCE CLAIMS LAWYER, JEFFREY REIFF, SPEAKS OUT

Over the past few weeks, many Americans learned about the AIG insurance crisis and the lawyers and staff at the Pennsylvania insurance claims law firm of Reiff and Bily received many phone calls from insurance agents, clients and other concerned Pennsylvania citizens. It appears that there is more trouble on the horizon for the beleaguered insurance industry and potentially a number of Pennsylvania citizens may be affected. According to a recent article in Investment News, the benefits of some 164,000 long term care policyholders at Conseco Senior Health Insurance Company may be in danger as they are moved to an independent trust. Conseco, an Indiana-based insurance company, without notice to policyholders decided to move 144,000 long term care policies in a trust that may have devastating consequences for senior care citizens. Earlier this year, the Pennsylvania Insurance Department found that Conseco had violated insurance claims handling practices and fined the company $32.3 million dollars. Acting Pennsylvania Insurance Commissioner, Joel Ario, defined the bulk of the fines as “restitution to consumers who were harmed”. Conseco reported a second quarter loss of $487.1 million dollars or $2.64 at diluted share. Conseco also disclosed recently that it held $103 million in securities with American International Group and Lehman Brothers Holdings, both in New York and Washington Mutual in Seattle. (Investment News article)

Bensalem, Pennsylvania-based Conseco Senior is a subsidiary of Conseco Inc. of Carmel, Indiana and according to industry critics is a victim of its own underwriting, signing on more policyholders than it could afford, leading to the creation of the trust. According to the Investment News article written by Darla Mercado, Frank Darras, managing partner of Shernoff Bidart Darras & Echeverria LLP of Claremont, California, stated “This product is oversold, underpriced and poorly performing because they underwrote everybody. These policyholders will either lapse on their payments or the unhealthy people will be so ill that there won’t be enough premiums to keep the trust going.” A spike in premium rates could force healthy policyholders to terminate their LTC insurance with Conseco Senior leaving the unhealthy with coverage that is so costly that the premiums approach the cost of the claim for each contract, according to Philip J. Bieluch an Avon, Connecticut insurance consultant at Insurance Strategies Consulting LLC.

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October 9, 2008

13 CHILD BOOSTER SEATS RECEIVE A POOR RATING ACCORDING TO REVIEW BY THE INSURANCE INDUSTRY AND RESEARCHERS - PHILADELPHIA DEFECTIVE CHILD SEAT ATTORNEY, JEFFREY REIFF, WEIGHS IN

The Virginia based Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute determined that 13 booster seats failed to properly position and protect children during a crash.

The Institute which conducts crash studies of new vehicles did not recommend the following seats:

Compass B505
Compass B510
Cosco/Dorel Traveler
Evenflo Big Kid Confidence
Safety Angel Ride Ryte
Cosco/Dorel Alpha Omega
Cosco/Dorel (Eddie Bauer) Summit
Cosco Highback Booster
Dorel/Safety 1st (Eddie Bauer) Prospect
Evenflo Chase Comfort Touch
Evenflo Generations
Graco CarGo Zephyr
Safety 1st/Dorel Intera

IIHS President, Adrian Lund, said that the 13 boosters “may increase restraint use by making children more comfortable but they don’t position belts for optimal protection”. Evenflo released a statement stating that it conducts extensive tests and that IIHS study was “misleading as it fails to consider the real world use and performance of seats tested”. Evenflo further remarked that they had sold more than 4 million units of the seats studied by the Institute and “we are not aware of a single incident in which a child was injured as the result of improper fit”. Other child seat manufacturers noted that their products meet or exceeded Federal regulations. Dorel Juvenile Group stated “it welcomes the opportunity to review the evaluation conducted by the IIHS”. Graco Children’s Products stated in a statement that “safety is always a top priority and nothing is more important than the well being of the children that use their products”.

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October 2, 2008

EMOTIONAL DISTRESS DAMAGES OKAYED IN PRODUCTS LIABILITY CASES SAYS THE PENNSYLVANIA STATE SUPERIOR COURT IN A CASE OF FIRST IMPRESSION

Physically unharmed plaintiffs may still collect emotional distress damages in strict product liability cases the Pennsylvania Superior has ruled in a case of first impression. A three judge panel voted 2 to 1, with Judge Orie Melvin concurring and dissenting, to uphold a $4.5 million dollar jury verdict in favor of two people, one of whom was killed and the other was seriously injured by a flying fire hose and to three close relatives who witnessed the accident but sustained no physical injury. Defendants argued that Pennsylvania law does not recognize awards for emotional distress under a theory of strict liability and also argued that under Pennsylvania law negligent concepts are “distinct from the product liability doctrine”.

A majority in Schmidt v. Boardman, led by Judge Cheryl Allan, called those arguments meritless. “We conclude that in Pennsylvania, a bystander-plaintiff who witnesses injury to a close relative can recover emotional distress damages when the injured person’s underlying cause of action is based on strict product liability rather than negligence” wrote Judge Cheryl Allan. Judge Allan was joined by John T. Bender. Attorney Arnd N. von Waldow of Reed, Smith in Pittsburgh, who was handling the appeal for defendant-manufacturer, said that he and his clients were planning to appeal the ruling and that this decision will not be the last word. For information on this case and the ruling, please see Schmidt v. Boardman Company, 2008 PA Super 203 (Pa.Super.CT. 9/2/2008). (opinion)

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September 30, 2008

FEDERAL REGULATORS HAVE TURNED TO RETAILERS TO CONDUCT TWO HUGE RECALLS OF POTENTIALLY DANGEROUS CRIBS AND BASSINETS - RETAILERS ARE SEEKING COMPENSATION FROM A READING, PA COMPANY - PHILADELPHIA PRODUCTS LIABILITY LAWYER, JEFFREY REIFF, EXPLORES LOOPHOLE

According the Wall Street Journal, Federal Regulators have turned to retailers to conduct two huge recalls of potentially dangerous cribs and bassinets. This is an unusual request highlighting gaps in a recall system based on voluntary action by manufacturers and has lead all marked stores and other retailers to get tough with a Reading, Pennsylvania company. According the Wall Street Journal, recalls of the Simplicity brand of children products from last month of 900,000 convertible bassinets and another on Wednesday of 600,000 cribs have saddled retailers with headaches and expenses and halting product sales and issuing customer refunds. Many retailers are seeking compensation from the new owner of the Simplicity brand, SFCA, Inc. of Reading, PA, which bought the assets and brand of Simplicity Inc. at a public auction in April, after the company went out of business the month before. SFCA says it is not liable for products made before the acquisition and has refused to conduct a recall of the defective goods which have been linked to several infant deaths. SFCA still argues that although it is not liable for the recalled products, it says “it values its good relationship with its retail customers” and is “working in close cooperation with retailers to help facilitate all aspects of the recall”. Initially after removing all Simplicity bassinets from its 3,500 stores and its website, WalMart said it has returned to its store shelves the models deemed safe and still carries Simplicity products that are made by the defunct manufacturer. For more information on this story, please link to the Wall Street Journal article. (Wall Street Journal article)

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September 29, 2008

CHILD BOOSTER SEAT AND RESTRAINT USE IN THE UNITED STATES IS HIGHER THAN EVER ACCORDING TO A REPORT RELEASED ON SEPTEMBER 22, 2008 BY CHILDREN’S HOSPITAL OF PHILADELPHIA (CHOP) AND THE ASSOCIATION FOR AUTOMOBILE MANUFACTURERS (AIAM)

PHILADELPHIA DEFECTIVE CHILD SEAT ATTORNEY ADVISES PARENTS ON OTHER POTENTIAL SEAT DEFECTS AND HOW TO FURTHER PROTECT YOUR CHILD.

Over an 8 year period from 1999 to 2007 researchers noted that overall child restraint use increased from 51% to 81% in children younger than 9. During the same period, age appropriate restraint use, including booster seats among children 4 to 8 years old quadrupled from 15% in 1999 to 63% in 2007. Research indicates that for 4 to 8 year-olds booster seat and proper child seat usage reduces the risk of injury in a crash by 59%. Booster seats elevate a child’s small body to insure proper seat belt fit, better protecting them in the case of a crash. Kristy Arbogast, Ph.D., the Director of Engineering at The CHOP Center for Injury Research and Prevention where a long-term study was conducted stated “Along with the increase we see in the number of kids riding in child restraints, we can also see changes in the types of restraints they are using now versus 10 years ago. More 4 and 5-year olds are riding in booster seats now, rather than car seats with built in harnesses, with slightly more of them in high back booster seats than backless. But among the 6 through 8 year olds, backless booster seats are far more prevalent than high back booster seats”.

When you place your child or infant in a safety seat, you expect and trust the manufacturer has designed a safe seat that will protect your child in the case of an accident. Unfortunately, this is not always the case. Once again, often we find that many manufacturers place profits over safety and design child safety seats according to Federal standards, which are really minimum standards. Often there are design defects that are not revealed during testing and many times, testing is not done or when it is done is done under real world conditions testing of the seats. Effectively designed child seats have lead to many injuries and deaths which were easily preventable. When the child’s seat does not operate properly, its ineffectiveness can be more dangerous than failing to use the seat itself in that it can cause additional injuries for the child or fail to protect the child from serious harm or death.

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September 1, 2008

Filing Lawsuits Against Foreign Manufacturers

Pennsylvania Product Liability Lawyer Filing Lawsuits Against Foreign Manufacturers Whose Products Injure Local People
by Raymond M. Bily, Esquire

Foreign manufacturers of defective products can be sued in state or federal courts but doing so sometimes presents special challenges. Foreign auto makers, industrial product manufacturers, and consumer product makers and their intermediaries are not beyond the reach of U.S. courts if they put defective products into the stream of commerce. A manufacturer who has offices or advertises in a state generally has sufficient contact to be sued in state courts. Less clear is when a product is manufactured overseas and comes into a state indirectly. Courts generally inquire whether the manufacturer had some knowledge or expectation that the product would be purchased by consumers in the particular state.

Assuming jurisdiction is proper, a more difficult problem can involve service of process. Foreign corporations are savvy litigants. They understand that mere distance alone can be used to create the perception that injured consumers will have a very difficult time pursuing them in U.S. courts.

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August 29, 2008

My Pennsylvania Personal Injury Attorney Reinforced the Value of Hope

The dictionary defines "hope" as the belief in a positive outcome relating to the events and circumstances in one's life. Hope implies a certain amount of despair; wanting, wishing, suffering or perseverance, believing that a better or positive outcome is possible even when there is some evidence leading to the contrary.

The term "false hope" refers to hope highly based on fantasy or an extremely unlikely outcome.

At the law firm of Reiff and Bily, our lawyers understand and respect the value of hope. It is our job to communicate the plaintiffs dreams and hopes to the insurance companies and ultimately to the juries who hear our cases. It is our job to prove that what the plaintiff is capable of doing or was capable of doing prior to an incident and identify the compensation necessary for the plaintiff to recognize the fulfillment of his dreams and goals. The lawyers of Reiff and Bily are not afraid to ask the insurance companies or juries to fully compensate plaintiffs for the loss of their dreams and hopes.

Hope was personified in Greek mythology as "Elpis". When Pandora opened Pandora's box, she let out all of the evils except one known as hope.

In law, damages refer to the money awarded to a claimant, also known as a plaintiff, following a successful claim in a civil action. Damages in personal injury or tort affairs are generally awarded to place the plaintiff in a position that he or she would not have been in had the tort or action not have taken place which put the person in the situation. Compensatory damages compensates the plaintiff for pain and suffering and loss of amenities and losses of hope. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of life's pleasures, frustration, humiliation, degradation, and a non-inclusive list of other factors. This is not easily quantifiable and depends on the individual circumstances. We refer to it as, what is the value of hope? What is the value of the loss of a plaintiff’s loss of dreams and hopes that he had prior to the incident? We seek to recover full compensatory damages generally to place the plaintiff in a position in which he would have been had the offense or tort not taken place.

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August 25, 2008

PENNSYLVANIA SUV ROLLOVER LAWYER WEIGHS IN ON DESIGN DEFECTS INHERENT TO SUVs AND I5 PASSENGER VANS IN PENNSYLVANIA AND THROUGHOUT THE UNITED STATES

On January 19, 2002, Benetta Buell-Wilson of San Diego, California was driving her 1997 Ford Explorer on an interstate highway when she swerved to avoid a metal object in the road and the SUV went out of control. The vehicle skidded across the highway and rolled more than 4 ½ times when the Explorer came to rest on its roof. The accident left the 49 year old woman crushed and paralyzed. A California jury awarded Buell-Wilson and her husband $369,000,000, including $246,000,000 in punitive damages. The state courts of California reduced the amount of the verdict. However, the California Court of Appeals approved an $82.6 million dollar settlement, including $55 million in punitive damages.

The experienced Philadelphia motor vehicle accident and personal injury lawyers at the law firm of Reiff and Bily have been handling SUV Explorer rollover and 15 passenger van rollover cases in Pennsylvania and other states in the nation with a successful track record. The Explorer and other SUV’s are flawed because they have a higher center of gravity and are prone to rollover. Also, research indicates that the Explorer roofs are inadequate to protect occupants in a rollover accident and Ford was aware of knowledge of these designs flaws but failed to fix them. Ford has consistently argued that the verdicts against them are unjust because the design of the vehicles meets minimal federal safety standards.

On February 8, 2008, the Ford Motor Company paid $6.5 million dollars to a 41 year old man left brain damaged in a 2004 rollover accident involving an Explorer sport utility vehicle that a Texas jury ordered them to pay. In that claim, Ruben Camora lost control of his 1993 Explorer when a tire lost its tread and he was ejected from the vehicle as it rolled over. His mother, who sued on his behalf, noted that the tread separation set off vibrations on the rear of the vehicle that caused it to skate sideways because of a defect in the SUV’s suspension.

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August 14, 2008

Pennsylvania Personal Injury Attorney Weighs in on Expert Witnesses

The high cost of litigation is ever increasing and these hired guns are out of control. Are they worth the money?

The costs associated with personal injury lawsuits are quite significant and rising every day. Many state that the overhead costs of malpractice and product liability lawyer litigation are exorbitant. Many Americans hear that lawsuits are rampant and frivolous, clogging the courts and depriving taxpayers of their funds. On the other hand, honest plaintiff attorneys maintain that they are the policemen of society and that frivolous lawsuits are an exception. Obviously, an experienced personal injury or product liability lawyer would have to be crazy to take a meritless claim which would result in a huge expenditure if the same attorney is working on a contingent fee basis.

The purpose of the tort system is to fairly compensate victims and make them whole by virtue of compensatory damages. Obviously, there are some lawyers who will take just about any case that walks into the door and hope that writing a few threatening letters or taking minimal action will scare their opponents into a quick and “easy A” settlement These are the types of lawyers the educated consumer should avoid. It is important, however, when seeking a lawyer to represent your interests, to remember that you get one bite at the apple and your lawyer should be qualified, insured, in good standing with the bar association, interested in your claim, screened for suitability and experience handling legal matters such as yours. The lawyers at the Pennsylvania personal injury firm of Reiff and Bily have 30 years experience handling thousands of carefully screened car accident, medical malpractice and defective products cases. They will carefully screen your case, investigate comprehensively and decide if it is worthwhile to pursue without wasting your time or their resources - as a result of such careful screening. They only accept approximately 30-40 percent of the clients that contact them. These distinguished Pennsylvania car accident attorneys have recovered in excess of 150 million dollars for their clients solely on a contingent basis.

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August 11, 2008

Toys And Playgrounds Might Not Be As Safe As One Would Presume

There could be danger lurking in your own home or backyard. Injuries to children can occur anywhere. They can happen in your house, backyard, school, day care facility, or even in a public park. While it is seemingly impossible to keep a child protected all times, it is important for parents and children to become aware of the dangers that lurk in play grounds and toys. The Pennsylvania personal injury and play-ground accident lawyers at the Philadelphia products liability law firm of Reiff and Bily have been researching and handling thousands of personal injury cases since 1979. Our Pennsylvania defective product attorneys have had extensive experience in the area of defective toys (products liability claims) and play-ground or amusement injuries.

The Centers for Disease Control and Prevention (CDC) reports that in 2001 approximately 45% of playground-related injuries are severe (fractures, internal injuries, concussions, dislocations, and amputations) and about 75% of nonfatal injuries were related to playground equipment failure, misoperation or malfunction.

Between 1990 and 2000, 147 children ages 14 and younger died from playground-related injuries. 82 of these injuries (56%) died from strangulation and 31 of these injuries (20%) died from falls to the playground surface. Most of these fatalities (70%) occurred on home playgrounds. Public playground climbers resulted in the most common cause of an injury as compared to any other equipment. At home playgrounds, swings were responsible for most injuries.

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August 3, 2008

PREVENTABLE LAWNMOWER ACCIDENTS ARE ON

THE RISE IN PENNSYLVANIA AND THE UNITED STATES

There are approximately 180,000 lawnmower accidents per year. Recently, featured on the CBS early morning news, was the case of Betty Forsythe, whose grandson suffered catastrophic injuries in Pennsylvania in a lawnmower accident. In the interview, Ms. Forsythe, of Duncannon, PA, noted that her grandson, Dylan, lost three fingers and one of his feet and stated “Children are fast, children are quick. If you are the parents or grandparents, if you are watching children, just don’t allow them to be in the same area where mowing is done”. In the same story, Dr. Scott Cozen of Shriner’s Hospital for Children, a specialist in pediatric and hand and foot surgery, indicated that he has treated dozens of children injured by lawnmowers and stated that lawnmower accidents are the number one cause of foot amputations in children nationwide. He noted that “either the child is riding on the mower with Grandpop or Dad and subsequently falls off and has a devastating injury while playing in the yard and the child is inadvertently run over. He further noted that the majority of the kids injured by lawnmowers are teenagers. Many teenagers are cutting the lawn for allowance, at which point the lawnmower gets stuck and they do something stupid such as putting their foot in, reaching their hand in and resulting in an amputation.

A lawnmower can be a dangerous machine causing catastrophic injuries and death if not used properly. Most lawnmower accidents are catastrophic with over half requiring amputations of toes, feet, legs or fingers. It is noted that the summertime is the most dangerous time for kids and lawnmowers. Apparently, children do not have an appropriate fear of power lawnmowers and with a parent mowing, they cannot hear the child running up so that even with backing up or going forward, the child can often end up under the mower.

Recently on the ABC “Good Morning America” show, the case of Henry Burmester, a 4 year old, was noted. Unfortunately, Henry Burmester‘s father accidently ran over Henry’s foot with the lawnmower. His Dad, Donald, was backing up the mower and never saw his son coming as the spinning blade hit the boy’s leg and foot. According to the report, the Burmesters began a campaign and non-profit organization called “Know Before You Mow” to alert parents and kids to the dangers of lawnmowers. It includes chilling public service announcements that demonstrate how quickly a child can run into trouble with a lawnmower.

The Pennsylvania personal injury attorneys of Reiff and Bily, we have been researching and handling product liability matters for approximately 30 years. Product liability law mandates that manufacturers have a responsibility and a legal obligation to produce safe products. Nowhere is this more important than in the manufacturing of both regular and riding lawnmowers.

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August 2, 2008

JET SKI ACCIDENTS ON THE RISE - WHO IS RESPONSIBLE?

THE INCREASING NUMBER OF DEATHS AND CATASTROPHIC INJURY

It’s summertime and more and more, emergency officials are responding to jet ski accidents throughout the United States. On July 13, 2008, emergency officials from Louisville and Howard’s Creek, Ohio responded to an accident involving at least one jet ski on the Ohio river.

On June 15, 2008, another teenager was killed on the Colorado River in Colorado when her jet ski collided with another personal water craft on the river. Over the last ten years, usage of jet skis have enjoyed a surge of popularity, adding to a growing danger on our nation's waterways. Today there are over 1 million personal water craft vessels in use in America and on average approximately 5,000 jet ski accidents occur each year resulting in 2,600 injuries in over 72 deaths. The laws relating to the operation of jet skis and the manufacture of jet skis are exceedingly complex and require an intensive knowledge of products liability, state and federal laws governing boating accidents, as well as maritime and international waterway laws.

The personal injury attorneys in Pennsylvania at the law firm of Reiff and Bily help victims recover compensation for injuries suffered in boating and jet ski accidents. At the Reiff and Bily law firm, our experience with the investigation and litigation of recreational boating and jet ski claims can give you an advantage in establishing liability against the responsible party. Common injuries associated with jet ski accidents include but are not limited to head and brain injuries, spinal cord injuries, burn injuries, hyperthermia and of course, drowning. Unfortunately, it is a fact that many inexperienced boaters are allowed to operate jet skis and personal water craft in U.S. waterways. Just think how easy it is for you to go and rent a jet ski by just presenting your credit card. The usage of the jet ski by inexperienced boaters places the lives of themselves as well as countless other people in jeopardy by reckless conduct. Along with this risk comes a host of problems related to intoxicated boaters and drunk driving accidents, collisions with other boats, water intrusion injuries, collisions with docks, piers, shorelines and swimmers and other serious injuries.

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July 28, 2008

Flammable Clothing and Bedding Material – Are You Wearing Or Sleeping On A Dangerous Material?

Flammable clothing and bedding are very dangerous and often times cause death and disfigurement to unsuspecting consumers due to serious burn injuries. If your clothing catches fire, flames may spread quickly through the clothing, sometimes causing the material to melt onto your skin, and create severe and disfiguring burns all over your body. If you bedding catches fire, especially if you’re sleeping, your temple of relaxation could become a death trap. Depending on the type of fabric, textile construction, weaves, weight, and finish, as well as looseness of fit, certain materials, when ignited accidentally, can pose a serious risk of a burn injury or even death. The Pennsylvania burn injury and product liability lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling flammable clothing and bedding claims since 1979.

The one of the consumer product laws passed in 1953 was the Flammable Fabrics Act (FFA) to regulate the manufacture of highly flammable clothing due to an epidemic of burns from flammable children’s clothing in the 1940s. In 1967, Congress amended the FFA to expand coverage to include interior furnishings as well as paper, plastic, foam, and other materials used in wearing apparel and interior furnishings. Responsibility for administering the FFA was transferred to the Consumer Product Safety Commission (CPSC) when it was created in 1972. Under the FFA, the CPSC can issue mandatory flammability standards for manufacturers, importers, distributors, and retailers of fabric and garments. After standards for sleepwear were loosened in 1996, an increase in clothing burns among young children wearing loose sleep garments was observed. Despite efforts by the CPSC, injuries resulting from flammable clothing and fabric still remain a danger.

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July 23, 2008

Protect Your Precious Cargo – Keep Your Children Safely Secured In Your Vehicle

Everyone needs to get from one place to another and many people drive a car. When you’re driving and transporting children, wouldn’t you consider child car seat safety? Parents rely on child safety seats to protect their children, but it is not unusual that there could be a defect in the seat making it extremely hazardous. The Pennsylvania product liability lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling numerous defective car seat cases since 1979.

In March of 2008, Evenflo Discovery seats were being recalled due to a flaw that the child seat would fail during a side-impact crash. During testing, a ram struck the vehicle’s side at 38.5 miles an hour. The portion of the seat in which a child would be strapped in broke free of the base. The base anchors the seat to the car and the seat was thrown around the interior of the car. This was not the first time a child safety seat was recalled. In 2007, there was 11 recalls of child seats, totaling about 3.35 million seats as reported by The New York Times.

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July 16, 2008

Amusement Parks Are Not So Amusing When Rides Cause Injury Or Death

Amusement parks are meant to be a place where families could and should have fun out doors, playing games and riding on roller coasters. Most of the time when we think about amusement parks we think of “KODAK” moments of smiles and laughs with our family. Roller coasters and other rides are typically safe to ride, but that does not mean they are free from disasters. The Pennsylvania catastrophic injury lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling many amusement park accident injury and death claims since 1979.

Amusement parks are supposed to inspect their rides daily, but accidents can still occur. Sometimes the rides are outdated or in need of repair. Other times it’s a ride that is not inherently safe or becomes unsafe due to worker negligence or improper maintenance. In July of 2008, 4 people were injured in Denmark due to their roller coaster’s car came of the tracks and fell onto the cement ground below the ride. The roller coaster opened only a month prior to the accident. Even the newest of rides might cause a serious injury if improperly designed, installed, or maintained.

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July 7, 2008

Fuel-Fed Auto Fires

Getting in a car accident is dangerous enough without having to worry about the possibility of your car being engulfed in flames due to a design defect. Fuel-fed car fires are a real danger and often do more harm than the actual crash. The Pennsylvania fuel-fed fire lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling numerous automobile related injury cases since 1979.

The National Fire Protection Association (NFPA) reports that during 2004, fire departments responded to an estimated 266,500 highway-type vehicle fires. These fires claimed 520 lives and caused $969 million in direct property damage.

The Ford Pinto is a prime example of how a defect can result in fatalities. The defect was in the design of the strap on gas tank that made it susceptible to leakage and fire in low to moderate speed collisions. Not only did Ford know of the defect and the possibility of a fuel-fed fire, but they continued to market the Pinto. Innocent lives were lost because Ford marketed a dangerous design. Ford ended up recalling the Pintos and tried to make them safer. Additional information on the Pinto recall is available.

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May 7, 2008

Recall for Seatbelt Defects

On May 2, 2008, the Toyota Motor Company recalled 90,000 Highlander Sport Utility vehicles in the United States for seatbelt defects. This involves vehicles built between last May and March of 2008 to repair problems with the seatbelt that could leave rear-facing child seats unsecured. The Toyota Company ordered a “stop sale” of all 2008 Highlander SUVs and Hybrid versions with third row seats to retrofit changes to the seatbelt.

The Philadelphia personal injury law firm of Reiff and Bily has long investigated complaints by owners of Chrysler, Dodge, Ford, Toyota and Nissan motor vehicles and 15-passenger vans concerning defective seatbelt latch plates and defective seat and child seat design. These latch plates are designed to keep child safety seats securely in place by keeping a lapbelt tight around the safety seat. Often times, the latch plates do not connect firmly or loosen, no longer keeping the child seat firmly in place. This defect creates a safety hazard for children in the child seat because a loose seatbelt may permit the seat to move forward or to the side during a sudden stop or an accident. This hazard is usually hidden because the latch plate breaks and the spot is not visible unless the plate is turned over and inspected, and/or because it is difficult to tell that the latch plate broke in such a manner. In a proper crash worthy designed vehicle, seatbelts and other safety systems are supposed to minimize the destructive effect of forces by distributing these forces over the greatest period of time possible and over the largest surface area possible to the parts of the body that are most capable of withstanding the forces.

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April 18, 2008

Filing Lawsuits Against Foreign Manufacturers

Pennsylvania Product Liability Lawyer Filing Lawsuits Against Foreign Manufacturers Whose Products Injure Local People
by Raymond M. Bily, Esquire

Foreign manufacturers of defective products can be sued in state or federal courts but doing so sometimes presents special challenges. Foreign auto makers, industrial product manufacturers and consumer product makers and their intermediaries are not beyond the reach of U.S. courts if they put defective products into the stream of commerce. A manufacturer who has offices or advertises in a state generally has sufficient contact to be sued in state courts. Less clear is when a product is manufactured overseas and comes into a state indirectly. Courts generally inquire whether the manufacturer had some knowledge or expectation that the product would be purchased by consumers in the particular state.

Assuming jurisdiction is proper, a more difficult problem can involve service of process. Foreign corporations are savvy litigants. They understand that mere distance alone can be used to create the perception that injured consumers will have a very difficult time pursuing them in U.S. courts.

The perception begins when the corporation insists on having service of process in accordance with the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Criminal Matters. The most common method of service of process recognized by the Hague is for the initiating process to be transcribed in the foreign corporations native language then served upon a receiving central authority. A recent case filed by our firm against a Japanese auto maker was several times the costs of suing a U.S. corporate defendant. Language barriers can present themselves through out the process of litigation, including depositions and interrogatories. At deposition it is often necessary to have interpreters who are highly skilled and adept, sometimes in local dialects.

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April 15, 2008

Philadelphia Product Liability Lawyer Demands That Manufacturers and Insurance Companies Always Tell The Truth and Admit When They Are Wrong

Always tell the truth and admit when you are wrong! Sounds like a simple and easy enough rule to follow. Most of us learn this when we are children through our parents, grandparents, teachers and clergy, but how many people actually practice their lives according to this standard?

I grew up in a family business where this was the mantra of my grandfather, a hardworking immigrant to America.

Trials in American justice have been the ultimate means to resolve disputes in American society from colonial times to the present as lawyers skillfully prepare their cases, examine and cross-examine witnesses to reveal the truth.

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