General Business Products Liability

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Co-sleeping Safely: A Guide to the Current Regulations of Infant Bedside Sleepers

The bedside sleeper, also called a "co-sleeper" or "co-sleeping bassinet," provides a baby and parent their own sleeping experiences while still enabling the parent to be in close proximity to the baby. This product is most...more

California Supreme Court Decision Could Allow for Greatly Expanded Personal Jurisdiction

The California Supreme Court’s recent opinion on specific jurisdiction may have far-reaching consequences for future actions brought in the state. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior...more

NHTSA Issues Guidance for Manufacturers of Highly Automated Vehicles

The Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) has provided much-anticipated guidance to manufactures of automated vehicles with the release of the new Federal Automated...more

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

The First Baby Bed: A Guide to Current and Proposed Regulations of Bassinets

Have you ever wondered which type of children's product has the longest history? As far as children's sleeping products are concerned, the bassinet is probably the most time-honored staple. Iron baby beds were developed in...more

The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations

The concept of the Internet of Things (IoT) has existed for more than 15 years. Technology pioneer Kevin Ashton is widely credited with coining the term in 1999 to describe the connection of physical objects to the internet...more

The Modern Play Pen: A Guide to the Current and Proposed Regulations of Play Yards

On May 12, 1998, 16-month-old Danny Keysar died after his portable crib, also known as a play yard, collapsed while he was napping at his licensed childcare facility in Chicago. When the play yard collapsed, Danny's neck had...more

The Do’s and Don’ts of Growler Labeling

With growler sales getting more popular in Pennsylvania, we decided to examine the relevant federal and state laws with regard to the refilling of growlers if they do not bear the labeling of your licensed business. To...more

Complying with Children's Products Safety Rules and Regulations

As we head into the busiest time of the year for consumer purchases of children's toys and games, it is important to be mindful of the rules and regulations governing children's products' safety. Below are just a few of the...more

Complying with Advertising Laws when Marketing Children's Products

We are now in the midst of the back-to-school season, and before you know it, Halloween and the winter holiday season will be upon us. Over these next few months in particular, companies may face a variety of issues related...more

Responsible Corporate Officers’ Jail Sentences Upheld in Selling Contaminated Eggs

In an important decision, on July 6, 2016, the Eighth Circuit Court of Appeals affirmed the prison sentences imposed on Jack DeCoster, and his son, Peter, under the “responsible corporate officer” doctrine (aka Park doctrine)...more

Separation Panes: Emerging Litigation Over Window Sealant

Relatively few people in the commercial construction industry are kept up at night by polyisobutylene (PIB) — the synthetic rubber sealant commonly used to provide a long term and durable moisture barrier for insulated glass...more

Deciphering Smoke Signals — FDA’s New Tobacco Product Rules and Their Impact on the Cannabis Industry

Synopsis: Dual-use cannabis consumption products and their off-label uses may cause those products to fall within the new FDA rules governing tobacco products. Manufacturers and retailers of vape pens and atomizers...more

Contaminated Flour – Is Nothing Sacred?

As of August 1, 2016, General Mills had voluntarily recalled some 45 million pounds of several types of raw flour products because E.coli bacteria had allegedly been found in flour produced at the General Mills plant in...more

New Industry Resources for FDA’s New Nutrition Facts Regulations

The U.S. Food and Drug Administration (FDA) published a Nutrition Facts label “Industry Resources” web page to help businesses comply with the requirements of the final rules, which became effective on July 26, 2016....more

Second Circuit Raises a Caution Flag for Sales Free-and-Clear of Claims

The power of a bankruptcy court to authorize the sale of assets “free-and-clear” of liens and any other interests is a powerful tool that is used to realize value from distressed businesses. Indeed, purchasers will...more

Products Liability: Appellate Victory of Children's Products Manufacturer Shows the Importance of Understanding State Products...

On July 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed a jury verdict in favor of Dorel Juvenile Group, Inc. ("Dorel") in a case involving claims that a defective doorknob cover manufactured by...more

Waivers of implied warranty strengthened for condo, home builders in Illinois

In two recent builder-friendly decisions, the First District and Supreme Court of Illinois have ruled that the standard conspicuous waiver of the implied warranty of habitability found in most builders’ sales agreements: 1)...more

Less Whine, More Wine: HB 1690 Loosens Restrictions on Direct to Consumer Shipping for Wineries

On June 13, 2016, Governor Wolf signed into law House Bill 1690, which is considered one of the more significant liquor reform bills in Pennsylvania since Prohibition. Today’s blog is a continuation of our series that...more

Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of...

The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the...more

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

New Pennsylvania HB 1690: The Cidery Dilemma

As promised, I will continue to outline nuances of the new changes to the Pennsylvania Liquor Code and choices that consumers, manufacturers, wholesalers and retailers can make. HB 1690 will become effective in early August...more

California Supreme Court Adopts the Sophisticated Intermediary Defense

In Webb v. Special Elec. Co., the California Supreme Court formally adopted the "sophisticated intermediary doctrine," which provides an additional defense that manufacturers and suppliers can assert against product liability...more

Flame Retardants: A Guide to Current State Regulations

The Massachusetts Senate became the latest state legislative body to pass a bill that would ban at least eleven flame retardants from children's products sold in the state. An Act to protect children and families from harmful...more

Stabenow’s GMO Labeling Bill Could Serve as a Potential Congressional Compromise

Senator Debbie Stabenow (D-MI) plans to propose a GMO labeling bill after briefing groups from each side of the debate. Stabenow has shown her proposal to the Senate Agriculture Committee chairman Pat Roberts (R-KS) whose...more

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