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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

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Samsung Galaxy Note 7 Issues

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Reports of Samsung’s Galaxy Note 7’s malfunctions have been percolating the news ever since several of the smartphones spontaneously exploded in August. Now, the company has announced that it would cease production of the smartphone in its entirety, a drastic move in an industry where companies are usually bent on continuing to attempt to improve a product. And on top of the fact that Samsung’s shares experienced a steep drop in price and that they may have lost the trust of their customers, the company may be facing class action lawsuits.

One class action filed in the US District Court for the District of New Jersey alleges that Samsung “mismanaged the initial recall, offered confusing instructions to customers, and took too long replace potentially dangerous devices.” Specifically the class claims Samsung breached the duty of good faith and fair dealing owed to its customers, engaged in common law fraud and breached an express warranty. One of the lawyers representing the class explained that the customer’s loss is based on the fact that “Samsung [] agreed to recall and reimburse the cost of the device, but [] customers have had to continue to pay on their data and voice plans during the time they had to make their device inoperative until they received their replacement device.”

Express warranties are created by a seller in three ways[1]:

Here, the plaintiffs allegation of breach of express warranty is that Samsung advertised the Note 7s as high quality and “at a minimum, safe” while selling a product that was subject to a known and dangerous defect (as well as failing prematurely).

Generally, the plaintiffs will need to show[2]:

Meanwhile, Samsung faces a similar class action in South Korea that, if allowed to proceed, will be adjudicated under South Korean law.

[1] § 2-313. Express Warranties by Affirmation, Promise, Description, Sample., Unif.Commercial Code § 2-313.
[2] 63 Am. Jur. 2d Products Liability § 631.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

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Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

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We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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