Products Liability International Trade

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Defense and Indemnity Demands in Today’s Global Marketplace

In defending product liability cases, product manufacturers, sellers and distributors often tender a request for defense and indemnity from claims to one of their business partners. Typically, the tender arises from two...more

Foreign Defendant Is Dismissed For Lack Of Personal Jurisdiction

Defendant is a Finnish company with its principal place of business in Finland. It contracts with codefendant Delaware corporation to distribute its products in the United States. Defendant does not conduct direct sales in...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

Even the Great Wall of China Can’t Hide a U.S. Distributor in a Product Defect Lawsuit

The Illinois First District Appellate Court recently held that a U.S. distributor cannot escape liability under the Illinois Distributor Release Statute if the plaintiff was unable to obtain jurisdiction over a Chinese...more

Can The FDA Do That?

A little like one of those peanut-shaped asteroids, today’s post cobbles together a couple of recent developments that, other than having relevance to the FDA, do not have all that much in common....more

Foreign Manufacturers Fingered by Bill That Aimed To Ensure Safety of Imported Products

Dangerous drugs, defective drywall, toxic toys – the pile of problematic products imported from foreign manufacturers threatens the safety of the youngest to the oldest Americans. The reason consumers end up with tangibles in...more

"Congressional Investigations Highlight Risks for Companies Across Industries"

An examination of congressional investigations in 2014 reminds us that such investigations can strike an industry or company at any time. Irrespective of the subjects, the investigations typically share one or more of the...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Prepacked caramel apples tied to four deaths from listeria. Listeria from...more

US China Trade War-Trade, Trade Adjustment, 337/IP, Products Liability

As you may know, the blog posts are getting longer and longer as more trade and other actions take place against China. Because of the length, I, therefore, am breaking this post into two parts. This first post covers Trade,...more

UK: Saracens Rugby Club adopts innovative approach to analysing concussion injuries

With the profound and long-lasting medical consequences of concussion becoming increasingly evident, Saracens Rugby Club has joined other sports organisations in adopting measures to protect the health of their players....more

Update: Syngenta Litigation Regarding GMO Corn

In a recent post, we detailed lawsuits filed by corn exporters, farmers, and other stakeholders against Syngenta Corp. regarding its marketing of corn which contains genetically modified (“GMO”) traits that have not been...more

New food information to consumers – 5 Key Points

The attention consumers are giving to their food choices is growing. These choices can be influenced not only by health and economic reasons but also by environmental, social and ethical considerations. It is not a...more

Allergen Labelling Requirements: Warning - May Contain Penalties

Christmas is already a busy time for the food and catering industries but, in addition to this, the government has enacted new provisions regarding food labelling, which entered force on 13 December this year....more

The Product Line Exception to Successor Liability Rules in the United States

In the United States, the general rule is that the purchaser of a business by way of an asset purchase is only responsible for those liabilities that it expressly or impliedly assumes from the seller. However, Canadian...more

GLOBAL: How to protect brand reputation and sales from the risks associated with a product recall

In the past decade or so, manufacturers in the developed world that would previously have created their entire product in their own country now outsource manufacture to other parts of the world. This has had significant...more

Business Litigation Report -- October 2014

In This Issue: - Main Article: ..Multi-Jurisdictional Enforcement of Judgments - Noted With Interest: ..New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for...more

Global Food, Drugs, Medical Devices and Cosmetics Newsletter - 3rd Edition

Welcome - We are pleased to provide you with the Fall edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. This newsletter provides updates on important issues and developments across these...more

Recent NJ Appellate Court Decision Indicative of Continuing Uncertainty Regarding Personal Jurisdiction Over Foreign Manufacturers...

The past few years have seen the United States Supreme Court issue a number of important decisions on the subject of personal jurisdiction. For example, the Court’s decisions in Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and...more

FDA Announces More Changes to FSMA Implementation Rules

On September 19, 2014, FDA announced potential changes to four rules that the agency proposed in 2013 to implement the Food Safety and Modernization Act (“FSMA”). FSMA was signed into law in January 2011 in response to many...more

Product Liability Update - July 2014

In This Issue: - Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating in...more

PREPARING FOR FIC (II)

Food supplements are classified by EU law as foodstuffs. As such, the legal provisions that apply to regular food generally apply to food supplements too. This News Alert looks at FIC rules which particularly impact food...more

U.S. Court of Appeals Dismisses Almost All Claims of Ecuadorian Provinces and Individual Plaintiffs Against DynCorp

The U.S. Court of Appeals for the District of Columbia recently affirmed the dismissal of all but three claims brought by individual and government entity plaintiffs against defendant DynCorp based on claims of injury by an...more

Wading Through The Stream Of Commerce: When Can Foreign Manufacturers Expect To Be Subject To Specific Jurisdiction In United...

The question of whether a court may exercise personal jurisdiction over foreign product manufacturers on the basis of introducing goods into the "stream of commerce" has produced much litigation and confusion since that...more

Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania...

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County,...more

Class Actions Now Available in Belgium

Belgium has joined the ranks of other European countries that allow for the possibility to file a collective claim, more commonly known as a class action. There is clearly a global trend in favor of class actions and Belgium...more

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