News & Analysis as of

Strict Liability

Hogan Lovells

UK makes trade sanctions violation a strict liability offence and amends the legal advisory services ban

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Significant legislative changes have been made to the UK’s sanctions regime in the first half of September 2024, namely: These new amendments demonstrate the UK’s further efforts in imposing penalties against sanctions...more

Skadden, Arps, Slate, Meagher & Flom LLP

New ‘Failure To Prevent Fraud’ Offence Expected To Come Into Force in the UK Shortly

The UK government introduced a major overhaul of its framework for addressing financial crime — and brought into force numerous significant changes — when the Economic Crime and Corporate Transparency Act 2023 (the Act)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Inverse Condemnation/Nuisance: Benton Apartment Complex Owner Files Federal District Court Judicial Action Against...

Benton Housing Associates Limited Partnership (“Benton Housing”) filed on August 9th in the United States District Court for the District of Arkansas (Central Division) a Complaint against the following defendants: City...more

Moore & Van Allen PLLC

Implications of PFAS CERCLA liability for the commercial real estate industry

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What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Statutes of Limitations for Personal Injury Cases in Florida

Personal injury cases in Florida span the range of injuries from car and truck accidents, medical malpractice, dog bites, trips and falls, and many others. Florida’s personal injury law sets out your legal rights if you have...more

Adler Pollock & Sheehan P.C.

Rising Toxic Tort Claims: Silica and Implications of Silica Based Claims

Traditionally, toxic tort related claims are brought under product liability actions for negligence, breach of warranty, and strict liability. Asbestos has historically been the center of toxic tort litigation. The number of...more

Stark & Stark

Navigating New Jersey's Personal Injury Dog Bite Law: What You Need to Know

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Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries...more

Maison Law

What is California's Dog Bite Law

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U.S. News and World Reports says that, in 2022, dog bites resulted in 48,596 visits by victims to an emergency room in California. That translates to 125 visits per every 100,000 Californians. Between 2018 and 2022, dog bites...more

Spilman Thomas & Battle, PLLC

Pennsylvania Supreme Court Revisits the Admissibility of Evidence of Product’s Compliance with Governmental Regulations or...

In 2014, the Pennsylvania Supreme Court issued its much-anticipated opinion in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328 (2014). That case was a product liability action based on a design defect. The defense bar...more

Mintz - Employment Viewpoints

Profit-Sharing Arrangement Tied To Employer’s Overall Profits Not Subject to Massachusetts Wage Act

Employers with Massachusetts-based employees know that the Massachusetts Wage Act (the “Wage Act”), with its strict liability and automatic treble damages and attorneys’ fees, is a powerful and exacting statute with which...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

Gardner Law

Court Affirms Criminal Convictions for Device Execs Under the FDCA

Gardner Law on

The U.S. Court of Appeals for the First Circuit recently upheld multiple misdemeanor convictions for two former medical device company executives under the Food, Drug and Cosmetic Act (FDCA). While the former executives...more

Napoli Shkolnik

Product Liability: How it Works For and Against Victims of Defective Medical Devices

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Crafting the perfect medical device is never an exact science—but a patient should never suffer because of defects in a product that was intended to improve their quality of life. Determining whether a device manufacturer or...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Stays in a Minority of Two States in Prohibiting Evidence of Compliance With Government and Industry Standards in...

Just before Christmas, the Pennsylvania Supreme Court delivered a lump of coal to products liability defendants: Sullivan v. Werner Co., 2023 WL 8859656 (Pa. Dec. 22, 2023), affirming a lower court ruling that barred evidence...more

Whitcomb Selinsky, PC

Strict Liability in FedEx's Appeal: Implications for Export Controls

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In a gripping legal showdown that captivated the nation, the Federal Express Corporation (FedEx) found itself embroiled in a highly contentious dispute with the United States Department of Commerce. At the heart of this...more

Kennedys

New decisions could bring big changes: Recent trends in New York labor law

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The New York State Court of Appeals recently upheld three decisions in favor of defendants in cases involving alleged violations of Section 240(1) of the New York State Labor Law. Section 240(1) imposes strict liability on...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tank Rupture/Hazardous Materials Transportation Act: Federal Court Addresses Whether State Law Claims for Negligence/Strict...

The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

Dickinson Wright

Physician Recruitment: How Hospitals Can Comply With Stark Law While Recruiting Top Talent

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Hospitals play a vital role in ensuring the well-being of communities by recruiting and employing skilled physicians. However, physician recruitment in compliance with the Stark Law can be a complex task for hospital...more

Epstein Becker & Green

Physicians Beware! Groups Providing DME, Prosthetic Devices, and Other Medical Supplies to Their Medicare Patients Risk Violating...

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When the COVID-19 Public Health Emergency (“PHE”) ended on May 11, 2023, many physician groups furnishing certain medical equipment, devices, and/or supplies to their Medicare patients became in violation of the federal...more

Searcy Denney Scarola Barnhart & Shipley

Florida's Dog Bite Laws: Liability and Compensation for Victims

Dog bites can lead to serious injuries on the part of the victim. Such injuries can include scarring, nerve damage, the loss of limbs, and even wrongful death in some cases. Florida cases involving dog bites differ from other...more

Sheppard Mullin Richter & Hampton LLP

Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Playing Hooky And Cleanup Costs

This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more

White & Case LLP

European Advocate General rejects the need for “strict liability” in GDPR violations – The last word, however, is not yet spoken

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It is, by now, well known that not taking data protection seriously can prove costly for organizations. Since the introduction of the European General Data Protection Regulation (the "GDPR") in 2018, non-GDPR-compliant...more

Goldberg Segalla

Jury Award of $36 Million Affirmed against Contractor

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Court: Court of Appeal of Louisiana, Fourth Circuit - In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit &...more

Latham & Watkins LLP

CJEU Advocate General Rejects Strict Liability for GDPR Fines

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The CJEU’s final ruling could subject companies to direct GDPR enforcement by DPAs notwithstanding national procedural rules, but may rule against strict liability under the GDPR. On 27 April 2023 Advocate General of the...more

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