As reported by Law.com, a new report by CMS shows that the number of class actions in Europe continues to grow following the implementation of the Representative Actions Directive (RAD) in most European Union member states....more
This week, the European Union made a significant breakthrough towards its goal of overhauling the 40-year-old Product Liability Directive for the demands of the “digital” age and modern economy. To amend the directive, the...more
Americans love a good scare on Halloween. But, of course – with ancient castles, centuries of folklore, and actual Transylvania, our friends in the European Union know how to celebrate the spooky season just as well as we...more
Although the federal government implemented some new regulations on autonomous vehicles (AVs) in 2023, states remain the predominant source of new regulations affecting AVs. In fact, 25 states and the District of Columbia...more
On June 27, 2023, the United States Supreme Court decided Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749, 600 U.S. ___ (June 27, 2023), a decision that likely will reinvigorate forum-shopping efforts by plaintiffs...more
On May 23, 2023, the European Commission formally published the new General Product Safety Regulation, which reforms a variety of product safety regulations for manufacturers doing business in the European Union (EU) and its...more
Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more
3/2/2023
/ Class Action ,
Collective Redress ,
Consumer Fraud ,
Corporate Counsel ,
EU ,
France ,
Germany ,
Macedonia ,
Member State ,
Netherlands ,
Portugal ,
UK
On September 28, 2022, the European Commission adopted two proposals that adapt liability rules to the digital age, circular economy and the impact of global value chains. These proposals are related to (i) the Revised...more
In this sixth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions for...more
Telemedicine and telehealth have significantly reshaped how consumers access health care services. Even before the COVID-19 pandemic, online portals were jockeying to replace visits to primary care providers and urgent care...more
In this fourth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions...more
Case:
Patterson v. Chiappa Firearms, USA, LTD, No. 1:20-cv-01430-JPH-MG, 2021 WL 4287431 (S.D. Ind. Sept. 21, 2021).
Significance:
- First Indiana case to apply the “relate to” standard articulated in Ford Motor Co....more
In this third alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation entitled the Directive of the European Parliament and of the Council on Representative Actions...more
In this second alert in our series regarding the European Parliament’s formal endorsement of a new collective action legislation titled the “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25...more
The European Parliament formally endorsed the text of a new collective actions legislation, “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on Representative Actions for the...more
In a decision likely to bring comfort to the manufacturers of vehicle automation technology, the court in Flynn v. FCA US LLC, No. 15-cv-855-SMY, 2020 WL 1492687 (S.D. Ill. Mar. 27, 2020) granted the defendants’ motion to...more
Last week the Third Circuit made its most recent move in the Oberdorf v. Amazon case: asking the Pennsylvania Supreme Court whether an e-commerce business – such as Amazon – is strictly liable for a defective product that was...more
It’s that time of year again—the end of one and beginning of another—when we pause, reflect and look forward to the year ahead. In this retrospective, we consider the past year’s legal developments in the drug and medical...more
On June 4, 2018, the Seventh Circuit affirmed an Indiana federal judge’s determination that a woman’s product liability suit for a broken intrauterine contraceptive device (IUD) required expert evidence under the Indiana...more
On March 16, 2018, Massachusetts joined a growing minority of states — California, Vermont and Illinois — recognizing innovator liability of name-brand drug manufacturers. Rafferty v. Merck & Co., Inc., SJC-12347, 2018 WL...more
As recently highlighted in the Wall Street Journal, drones are playing a role in relief efforts for disasters like Hurricane Harvey. They have been used to assess property damage in hard-to-reach locations, search for missing...more
On December 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. The changes are relatively minor this year compared to last year, which included a significant narrowing of the scope of...more
As 2015 winds down, we reflected on some of the year’s most significant legal developments for drug and device manufacturers. In our opinion, the bench got it right (for the most part) this year. Here is a brief recap and...more