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Products Liability Antitrust & Trade Regulation

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:
Mandelbaum Barrett PC

Preventing and Resolving Construction Disputes: Understanding Liability

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Construction projects involve many moving parts, and when things go wrong—such as defects or failures—it’s crucial to understand who may be liable. Whether you’re a contractor, designer, owner, or manufacturer, each party has...more

Keller and Heckman LLP

October 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

IMS Legal Strategies

Working the Crowd: Why Defense Attorneys Must Get Jurors Talking in Voir Dire

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Picture this: defense counsel sits at the ready, voir dire gameplan in hand—a list of 40+ questions and their follow-ups—to identify the worst jurors and maximize cause challenges. It is a very plaintiff-friendly venue; they...more

Fox Rothschild LLP

EPA’s Third Annual PFAS Progress Report

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On November 14, 2024, EPA issued its third annual progress report on its PFAS Roadmap reporting on the agency’s three years of progress against its overarching goals of restrict, remediate, and research PFAS. The...more

Farella Braun + Martel LLP

Defense Insights As PFAS Consumer Product Claims Rise

If the first two waves of PFAS litigation focused on impacts to natural resources—namely groundwater—and personal injury claims alleging exposure to PFAS, the third wave of PFAS litigation has certainly arrived. Originally...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - November 2024 #2

FDA Releases Guidance for Voluntary Qualified Importer Program - The U.S. Food and Drug Administration (FDA) has released guidance with revisions to the Food Safety Modernization Act Voluntary Qualified Importer Program...more

Morris James LLP

I’m Taking Depo-Provera. What Should I Do?

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If you have used Depo-Provera, you may have heard recent reports suggesting a potential link between this birth control injection and an increased risk of brain tumors known as meningiomas. It is important to remember that...more

Husch Blackwell LLP

2024 Judicial Hellholes and Associated Nuclear Verdicts

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The American Tort Reform Foundation (ATR) has published its 2023-2024 Judicial Hellholes Executive Summary. This annual report highlights prominent jurisdictions across the United States known for enabling iniquitous...more

Bennett Jones LLP

Plaintiffs Fail to Show "Some Basis in Fact" For Certification in Two Proposed Vehicle Defect Class

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Class proceedings are frequently proposed after automakers issue recall notices. Two recent decisions from the Court of Appeal for Saskatchewan, Kane v FCA US LLC, 2024 SKCA 86 (Kane) and Evans v General Motors of Canada...more

Hogan Lovells

EU introduces comprehensive digital-era Product Liability Directive

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On 18 November 2024, Directive (EU) 2024/2853 was published in the EU Official Journal, with the aim of ensuring product liability rules are fit to address digital-era challenges. Coming into force in December 2024, the...more

Kilpatrick

Third Circuit revives class claims against Bayer based on benefit-of-the-bargain theory of economic loss

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The Third Circuit breathed new life into claims asserted by four of the nine named plaintiffs in a proposed class action over Bayer’s 2021 recall of benzene-contaminated antifungal sprays, finding they had sufficiently...more

Marshall Dennehey

Pennsylvania Court Dismisses Several Defendants from Product Liability Action Where Plaintiff Pled “More Likely Than Not” the...

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Jamie McKnight v. Amazon.com, Inc., et al., No. 23-1449, 2024 WL 2156223 (E.D. Pa. May 14, 2024) - The plaintiff alleged he suffered injuries to his scalp from the application of a defective mole removal cream....more

Faegre Drinker Biddle & Reath LLP

Plaintiff’s Half-Baked Attempt to Prove Defect and Causation With Photographs of Moldy Bread Shows the Knead for Expert Testimony

A picture may be worth a thousand words, but that doesn’t make the camera an expert witness. Product liability actions usually require expert testimony to prove defect and causation. Pictures, like other documents, can be...more

Bennett Jones LLP

B.C. Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

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In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the plaintiffs alleged that Mentor's silicone gel-filled breast implants, MemoryGel, caused adverse health effects, including connective tissue disorders (CTDs) and autoimmune...more

A&O Shearman

The new product liability

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On October 10, 2024, the Council of the EU adopted the new EU Directive on Liability for Defective Products, which replaces the previously applicable Product Liability Directive of 1985, thereby fundamentally changing the...more

Faegre Drinker Biddle & Reath LLP

New EU Product Liability Directive Published in Official Journal

The countdown has begun towards the transformed European product liability landscape! The recently adopted European Union Product Liability Directive (PLD) was published in the Official Journal of the European Union today...more

Faegre Drinker Biddle & Reath LLP

Same Song, Different Verse — Causation Experts for Second Group of Bellwether Plaintiffs Excluded for Same Reason as First Group’s...

Multidistrict litigation is meant to “promote the just and efficient conduct” of actions “involving one or more common questions of fact” by transferring those actions to a single district court “for coordinated or...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - November 2024

The U.S. Codex Office will hold a public meeting on November 14, 2024, to receive public comments on agenda items and U.S. positions for the Codex Alimentarius Commission, held November 25-30, 2024, in Switzerland. Issues to...more

Goldberg Segalla

Connecticut Jury Awards $15 Million Talc Verdict against Johnson & Johnson Entities

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Court: Connecticut Superior Court – Fairfield at Bridgeport County - In this asbestos action, Plaintiffs Evan Plotkin and Martha Barry-Plotkin filed suit claiming Mr. Plotkin had asbestos exposure from, among other things,...more

Goldberg Segalla

California Jury Finds for Asbestos Defendant in Friction Products Case

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Court: California Superior Court, Los Angeles County- In this asbestos action, plaintiffs Leon Solis Jr., Laura Rangel, Crystal Solis and Leon Solis filed suit claiming negligence against several defendants, including Brake...more

Shook, Hardy & Bacon L.L.P.

Bill Banning Weight Loss Supplement Sales to Minors Passes NJ Assembly - Dietary Supplement & Cosmetics Legal Bulletin

The New Jersey General Assembly has passed a bill that would prohibit the sale of certain diet pills and dietary supplements for weight loss or muscle building to those under 18. AB 1848...more

Shook, Hardy & Bacon L.L.P.

Listeria-Related Recalls Prompt Proposed Class Actions - Food and Beverage Litigation and Regulatory Update

Boar’s Head, Treehouse Foods and BrucePac face proposed class actions following a series of Listeria-related recalls. Harper v. Boar’s Head Provisions Co. Inc., No. 24-0860 (E.D. Cal., filed October 21, 2024)...more

Miles Mediation & Arbitration

In RE: Hair Relaxer Marketing, Sales Practices and Products Liability Litigation

In August, Judge Mary M. Rowland dismissed nearly 200 plaintiffs’ cases in the ongoing In RE: Hair Relaxer Marketing, Sales Practices, And Products Liability Litigation [Hair Relaxer], a multidistrict litigation (MDL) that is...more

Wiley Rein LLP

Costs to Respond to Third-Party Subpoena Do Not Constitute a Claim

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The United States District Court for the District of Connecticut granted an insurer’s motion for summary judgment on the grounds that neither a subpoena issued as part of multi-district litigation nor a chart listing the...more

Goldberg Segalla

Virginia Jury Awards $3.45 Million In Millwright Mesothelioma Case

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Virginia Circuit Court - In this asbestos action, plaintiff Patricia Katcham filed suit claiming that her husband, James Katcham, had occupational exposure to asbestos because of his career as a millwright. It was...more

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