News & Analysis as of

Negligence Unfair or Deceptive Trade Practices

Searcy Denney Scarola Barnhart & Shipley

How Can You Have Safety in the Face of Deceptive Marketing? The Critical Battle for Booster Seat Safety and Deceptive Marketing –...

As a lawyer handling product liability cases, I’ve come across numerous instances that highlight the often dangerous shortcomings of child safety products. But nothing quite underscores the gravity of this issue like the...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

Vondran Legal on

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET

Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more

Harris Beach PLLC

Medical and Life Sciences: Year in Review 2022

Harris Beach PLLC on

From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more

Ervin Cohen & Jessup LLP

Are Consumer Protection or False Advertising Claims Covered By Insurance?

​​​​​​​Whether consumer protec­tion or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For ex­ample, coverage for such claims under a CGL policy is unlikely be­cause an...more

Robinson+Cole Data Privacy + Security Insider

Crypto Wallet Data Breach Leads to Class Action Litigation

Plaintiffs filed suit in the District Court for the District of Delaware against Shopify Inc. and TaskUs Inc., alleging that the companies failed to implement measures to prevent a data breach that resulted in a breach of...more

Fox Rothschild LLP

No License, No Contract, No Claim

Fox Rothschild LLP on

Can an unlicensed general contractor enforce a construction contract in North Carolina? “No,” and as Judge Conrad explains, “[t]his is an unyielding rule.” JCG & Associates, LLC vs. Disaster America USA, LLC, 2021 NCBC...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more

Hudson Cook, LLP

Current Developments in Bank Deposits and Payment Systems (Spring 2020)

Hudson Cook, LLP on

This survey summarizes several recent developments affecting bank deposits and payment systems. These include payments-related consent orders and enforcement actions by the Consumer Financial Protection Bureau (“CFPB”) and...more

Bowditch & Dewey

Lender Liability During COVID-19

Bowditch & Dewey on

During an interview with Bloomberg TV on March 6th, Lawrence Summers, former Secretary of the U.S. Treasury, observed: “Economic time has stopped but financial time has not stopped.” An incisive summary as any of the current...more

White and Williams LLP

Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects

In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor...more

Carlton Fields

Class Action Roundup

Carlton Fields on

McClendon v. North Carolina Mutual Life Insurance Co. (M.D. Tenn. 2019) - In McClendon, the plaintiff’s mother purchased a whole life insurance policy to insure the plaintiff’s brother, and subsequently took out a loan on...more

Troutman Pepper

North Carolina Federal District Court Dismisses Tort Claims Based on Same Duty and Breach Alleged in Plaintiff’s Contract Claims

Troutman Pepper on

Precision Hydraulic Cylinders, Inc. v. Manufacturing. Technology, Inc., No. 7:18-CV-203-FL, 2019 BL 344743, 2019 U.S. Dist. LEXIS 156670 (E.D.N.C. Sept. 13, 2019) - Precision Hydraulic Cylinders, Inc. (“Precision”) issued...more

Foley Hoag LLP

Product Liability Update: July 2019

Foley Hoag LLP on

Massachusetts Federal Court Dismisses Suit By Japanese Plaintiffs Against Massachusetts Reactor Designer For Japanese Disaster Based On Forum Non Conveniens, Citing Japanese Compensation System That Provided Alternative Forum...more

Fenwick & West LLP

Eighth Circuit Finds No Duty for Retailers to Safeguard Personal Data of Customers - Consumer Protection Violation Requires Actual...

Fenwick & West LLP on

Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more

Robinson+Cole Data Privacy + Security Insider

Adidas Removes Putative Class Action Suit Arising Out of the Data Breach Announced Earlier this Year

On June 28, 2018, Adidas released a statement announcing that it recently “became aware that an unauthorized party claims to have acquired limited data associated with certain Adidas consumers.”...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Foley Hoag LLP

Product Liability Update: April 2017

Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

Stinson LLP

Emerging Trends Newsletter - Q4

Stinson LLP on

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Burr & Forman

Should You Litigate In Court or Arbitrate the Dispute?

Burr & Forman on

Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

Bilzin Sumberg

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

Bilzin Sumberg on

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

Troutman Pepper

Location, Location, Location: Fraud Suit Filed Against Anheuser-Busch Over 'Abbey' Beer

Troutman Pepper on

As anyone in real estate will tell you, location matters. Apparently, location also matters when it comes to selecting a beer. Recently, a purchaser of Leffe Beers brought a class action lawsuit in Florida federal court...more

Foley Hoag LLP

Product Liability Update - October 2015

Foley Hoag LLP on

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Saul Ewing LLP

Bad Faith Sentinel - September 2015

Saul Ewing LLP on

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

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