Products Liability Consumer Protection Personal Injury

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A Happy & Safe Halloween

Personal-injury risks scarily skyrocket on Halloween. The holiday of haunts and hijinks enjoyed by trick-or-treating children and party-planning adults is a chronic cause of accidents, fires and safety threats. For...more

The Learned Intermediary Rule in Consumer Protection Claims

We recently posted about a new California decision that was notable, in part, because it applied the learned intermediary rule to often-asserted (and equally often abused) California consumer protection statutes. See Andren...more

Child Strollers Recalled Due to Safety Defect

CPSC Recalls Safety 1st Brand Strollers Because of Child Injury Risk - Is the stroller that you currently use safe? According to a recent article from ABC News, around 20,000 strollers have been recalled due to a “defect...more

Regulatory and Product Liability Overview for Distributors of Food Products in California

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

Lithium-Ion Batteries: Small Products, Big Exposures

They are everywhere: in your pocket, in your car, in your hands, in your lap and even “in your face.” Lithium-ion batteries are in nearly every product that has become a staple of modern life, such as smartphones,...more

Takata Airbag Recall Balloons — 7 Automakers Join List

NHTSA Calls Controversy ‘Largest and Most Complex Safety Recall in U.S. History’ - The consumer-safety threat posed by defective airbags in millions of vehicles worldwide has escalated again....more

The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Legal Issues Raised by the Driverless Vehicle Revolution – PART 2

Part 1 of this article, published in the December 2015 Business Litigation Report, described emerging driverless vehicle technology and related patent and patent ligation issues. Part 2 continues this discussion with the...more

Product Liability Update: January 2016

Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff - In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S....more

Severe Burn Injuries Caused By Exploding E-Cigarettes

Gone are the days when smoking cigarettes was universally viewed as a sign of strength, sexiness or sophistication. The tobacco industry’s effective—and deceitful—advertising campaign rolled out over the last century finally...more

Nearing a Tipping Point on a Mandatory Furniture Tip-Over Standard?

Currently, furniture makers and retailers may opt to comply with voluntary stability and tip-over standards established by the American Society for Testing Materials (ASTM). The Consumer Product Safety Commission (CPSC)...more

Volkswagen Caught – Another Car Maker Duping Consumers

The latest scandal from the automotive industry proves that the public, and now the planet, continue to be cheated despite well-meaning regulation designed to keep us all safe....more

CPSC Snapshot: CPSC Multimillion Dollar Penalty With a Twist

Earlier this month, the CPSC announced an agreement to yet another multi-million dollar settlement. However, in an unusual course of conduct, the CSPC agreed to suspend all but $200,000 of the penalty based on the company’s...more

A Handmade Dismissal for Maker’s Mark

A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Blue Bell resumes ice cream production in Alabama. The Alabama Department...more

Feds Go After Websites Selling Suspect Medicine and Devices

Partnering with international regulatory and law enforcement agencies, the FDA last month put the screws to more than 1,000 websites that illegally sell potentially dangerous drugs and medical devices directly to consumers....more

No Prescription For Consumer Protection

Allowing plaintiffs to pursue claims under consumer protection statutes in prescription medical product liability litigation is trying to pound a square peg into a ham sandwich. It doesn’t fit, and the combination isn’t very...more

Inspections Expose Unsafe Product Imports

The United States Department of Justice recently filed a product liability lawsuit in federal court against Toys Distribution Inc., BLI Apparel Inc., All Seasons Sales Inc. and S&J Merchandise Inc., as well as six of the...more

Alabama Legislature Abolishes Weeks Innovator Liability Theory

That didn’t take long. Yesterday the Alabama House of Representatives passed SB-80, which abolishes the innovator liability theory created in the execrable decision in Wyeth, Inc. v. Weeks, ___ So.3d___, 2014 WL 4055813...more

Food and Beverage News and Trends

Judge rejects consumer claim concerning evaporated cane juice - On March 12, a US district judge in the Northern District of Illinois dismissed with prejudice a consumer lawsuit against the manufacturer of Healthy Grains...more

Generic Drug Manufacturers to Face Failure-to-Warn Claims in California

On January 20, 2015, the Supreme Court declined to hear an appeal involving failure-to-warn claims against generic pharmaceutical manufacturers. Teva Pharms. USA Inc. v. Super. Ct., No. 13-956, 2015 WL 231967 (U.S. Jan. 20,...more

California Supreme Court Considers Component Parts Doctrine

Last week, the California Supreme Court granted review of Ramos v. Brenntag Specialties, Inc. to resolve a split in the Second Appellate District regarding the application of California’s component parts doctrine. The...more

Who Is at Fault When a Driverless Car Is in an Accident?

One author's view on how to determine the answer that may surprise you....more

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Lead Paint Companies Hit With Billion Dollar Judgment in California Public Nuisance Case

In a decision with potentially far-reaching impacts, a California state court has ordered three major paint companies to pay $1.15 billion to clean up lead paint in homes throughout California. People v. Atlantic Richfield...more

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