Uber Drives Dual MDL Challenges to Ninth Circuit -
Key Takeaways -
Ninth Circuit review of Uber’s non-consolidation clauses in an MDL context could generate new precedent on the enforceability of similar clauses and shape...more
11/1/2024
/ Amended Complaints ,
Jurisdiction ,
Litigation Funding ,
Litigation Strategies ,
Multidistrict Litigation ,
Popular ,
Public Safety ,
Royal Canin USA Inc v Wullschleger ,
SCOTUS ,
Sexual Assault ,
Terms of Use ,
Third-Party ,
Tort ,
Uber
Testing the Waters: The Implications of Loper Bright on EPA’s New PFAS -
Regulations -
In the past year, the U.S. Environmental Protection Agency (“EPA”) finalized several significant rules to regulate per- and...more
9/9/2024
/ Administrative Procedure Act ,
American Bar Association (ABA) ,
Artificial Intelligence ,
CERCLA ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Learned Intermediary ,
Loper Bright Enterprises v Raimondo ,
Machine Learning ,
New Regulations ,
PFAS ,
Statutory Interpretation
Bipartisan Momentum Builds to Shine Light on Litigation Funders -
In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party...more
8/2/2024
/ Appeals ,
Clean Air Act ,
Climate Change ,
Failure To Warn ,
Federal Rules of Civil Procedure ,
Greenhouse Gas Emissions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Preemption ,
SCOTUS ,
Strict Product Liability
Supreme Court to Resolve Availability of RICO Claims to Personal Injury Plaintiffs -
On April 29, 2024, the Supreme Court granted certiorari in Medical Marijuana, Inc. v. Horn, No. 23-365, 2024 WL 1839091 (U.S. Apr. 29,...more
Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more
5/1/2024
/ CERCLA ,
Clean Air Act ,
Cloud Computing ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Federal Rules of Civil Procedure ,
Hazardous Substances ,
Liability ,
Mobile Apps ,
Motion to Dismiss ,
Multidistrict Litigation ,
Opioid ,
PFAS ,
Pharmaceutical Industry ,
Proposed Rules ,
Public Health ,
Public Nuisance ,
Safe Harbors ,
Social Media ,
Software
A Prescription for Liability: Michigan Repeals Flagship Drug Immunity Law -
Michigan’s recent repeal of immunity provisions under its Product Liability Act has potentially significant implications for pharmaceutical...more
3/28/2024
/ Appeals ,
Artificial Intelligence ,
Bribery ,
Canada ,
Compliance ,
Food and Drug Administration (FDA) ,
Food Safety ,
Fraud ,
Liability ,
Negligence ,
PFAS ,
Pharmaceutical Industry ,
Product Packaging ,
Strict Product Liability
A growing number of silicosis lawsuits and regulatory actions focused on the engineered stone countertop industry has swept the nation. A recent article by our team explores available litigation strategies and defenses...more
Senators Focus Attention on Litigation Funding’s Opacity -
Building on the momentum we previously noted related to litigation funding, on September 14, Senator John Kennedy introduced the Protecting Our Courts from Foreign...more
10/31/2023
/ CERCLA ,
Compliance ,
Consolidated Appropriations Act (CAA) ,
Cybersecurity ,
Environmental Protection Agency (EPA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Guidance ,
Final Rules ,
First Amendment ,
Food and Drug Administration (FDA) ,
Foreign Investment ,
Litigation Funding ,
Medical Devices ,
PFAS ,
Political Campaigns ,
Proposed Legislation ,
Regulatory Oversight ,
SCOTUS ,
Social Media ,
Third Party Funding ,
Toxic Substances Control Act (TSCA) ,
Transparency ,
Vulnerability Assessments ,
Wireless Technology
EPA Strengthens Focus on PFAS -
Late last month, U.S. EPA finalized a rule requiring current and historical manufacturers and importers of perfluoroalkyl substances (PFAS) and PFAS-containing materials to report on PFAS...more
10/25/2023
/ CERCLA ,
Compliance ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
New Regulations ,
PFAS ,
Popular ,
RCRA ,
Safe Drinking Water Act
Delaware Supreme Court Rejects No-Injury Medical Monitoring Claims -
As part of our ongoing coverage of issues in Medical Monitoring, we noted that the Delaware Supreme Court received a certified question from the U.S....more
10/2/2023
/ Air Pollution ,
Appeals ,
DE Supreme Court ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Rules of Civil Procedure ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Medical Monitoring ,
Motion to Exclude ,
OECA ,
PFAS ,
Software
PFAS Litigation Continues to Expand -
In recent months, state attorneys general have filed lawsuits seeking natural resource damages for historical releases of per- and polyfluoroalkyl substance (“PFAS”) to the...more
Introducing Dechert Re:Torts, a monthly publication that offers a summary of significant cases, rules and pertinent issues, brought to you by Dechert’s Product Liability and Mass Torts Group. Our snapshots help you stay...more
2/1/2023
/ Asbestos ,
Environmental Protection Agency (EPA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Mass Tort Litigation ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Multidistrict Litigation ,
Patent Infringement ,
PFAS ,
Popular ,
Product Recalls ,
Proposed Amendments ,
Proposed Rules ,
Registration Requirement ,
Reporting Requirements ,
Risk Management ,
Strict Product Liability ,
Toxic Substances Control Act (TSCA)