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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

IMS Legal Strategies

Targeting Safetyism in Defense Voir Dire | Episode 71

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Explore how safetyism drives high jury verdicts and how defense teams can effectively navigate this evolving mindset in the courtroom. In this episode, IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury...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

Goldberg Segalla

New York Jury Awards $600,000 in Mechanic’s Mesothelioma Case

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New York Supreme Court – New York County In this asbestos action, plaintiff Michael C. Wagner filed a lawsuit in the Supreme Court of New York – New York County, alleging occupational exposure to asbestos because of his...more

Dechert LLP

Federal Preemption and OTC Drug Efficacy: Lessons from the Phenylephrine MDL

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New decision from the District Court for the Eastern District of New York finds that the FDA has exclusive authority to determine whether OTC drugs are effective. Court found that manufacturers of OTC drugs do not have an...more

MG+M The Law Firm

$5 Billion Punitive Damages Awarded in Alkaline Water Contamination Lawsuit: What This Means for Future Legal Cases

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A Nevada state court handed down a monumental verdict in a case involving alleged contamination of an “alkaline water” health drink, with a jury awarding $5 billion in punitive damages. This decision follows a series of...more

Goldberg Segalla

South Carolina Asbestos Litigation Moves Up in its Position on the 2023/2024 Judicial Hellholes List

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Since its initial appearance on the Judicial Hellholes list in 2020, South Carolina asbestos litigation continues to move up. South Carolina has earned a reputation for bias against corporate defendants, unwarranted...more

Lathrop GPM

Is Your Supply Chain Tidy?

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Last week, McDonald’s found itself in the national spotlight. However, instead of highlighting a holiday McFlurry, the hamburger giant was linked to an E. coli outbreak that spread across 13 states and caused approximately 75...more

Bracewell LLP

PRG 2024 Post-Election Pulse Check: Manufacturing and the CPSC

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Edward D. Krenik, senior principal in Bracewell’s Policy Resolution Group, and Dylan Pasiuk, a PRG principal, discuss what may happen in the consumer product safety world under the new Trump administration....more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Asks the Right Questions, Affirms Summary Judgment on Plaintiffs’ Herbicide Claims as Untimely and Lacking...

As Nobel laureate Richard Feynman once observed, “[w]isdom is knowing when to ask the right questions.” A related proposition is that wise jurists know how to identify and focus on the right questions. Motion practice can...more

McGuireWoods LLP

Northern District of Indiana Excludes Battery Expert Opinions Based on Flawed Methods

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On Sept. 30, 2024, the U.S. District Court for the Northern District of Indiana released an opinion and order excluding the opinions of a proposed lithium-ion battery expert. The now dismissed case, American Home Assurance...more

Fox Rothschild LLP

Rhode Island Enacts Statutory Ban on Consumer Products and Firefighting Foams with Intentionally Added PFAS

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In late June 2024, Rhode Island joined the growing list of states that have enacted phased bans on the manufacture, sale, and distribution of various types of products containing PFAS. Rhode Island’s statute, entitled the...more

Beveridge & Diamond PC

Circular Economy: The European Commission Adopts New Ecodesign Requirements

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On November 5, President Donald Trump was elected President-elect for a second time. We anticipate that President Trump’s upcoming term will usher significant shifts in U.S. environmental and natural resource law and policy,...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera Lawsuits Filed on Behalf of Women With Meningioma Brain Tumors

Women injected with the Depo-Provera birth control shot are more than five-times more likely to be diagnosed with a type of brain tumors known as meningioma, according to a recent study....more

Morrison & Foerster LLP

The Future of Section 230: Protection Against Product Liability Claims?

Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if...more

Foley & Lardner LLP

What Cosmetic Companies Need to Know About the CPSC

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Cosmetics, including skin moisturizers, makeup, nail polish, shampoos, hair color, and deodorants, are predominantly regulated by the Food and Drug Administration (FDA). For those in the cosmetics industry, the Consumer...more

Perkins Coie

Q3 2024: Food & CPG Legal Trends

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We are pleased to share our Q3 Food & Consumer Packaged Goods (CPG) Legal Trends report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space. In Q4 of...more

Kilpatrick

E.D.N.Y. deals blow to plaintiffs’ claims – including mislabeling, false advertising and RICO claims – in multidistrict litigation...

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Takeaway: When it comes to mislabeling and related claims, and especially when human safety is not implicated, express preemption under the federal Food, Drug and Cosmetic Act (FDCA) remains a powerful tool in the hands of...more

Wilson Sonsini Goodrich & Rosati

New EU Cybersecurity Obligations for Connected Devices: What You Need to Know

On October 10, 2024, the European Union officially adopted the Cyber Resilience Act (CRA), which introduces cybersecurity obligations for internet-connected hardware and software products offered in the EU (such as...more

Foley Hoag LLP

Product Liability Update - October

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Husch Blackwell LLP

Americans’ Growing Appetite for Risk and Shrinking Responsiveness to Potential Product Issues

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Over one-third of Americans (36%) now report that they would continue to use products even after a recall, according to recent data collected by MasterControl, a provider of quality management and manufacturing software. The...more

Oberheiden P.C.

Understanding Plaintiffs’ Claims in the Exactech Multidistrict Litigation (MDL)

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The recently revised pre-trial schedule in the multidistrict litigation (MDL) against Exactech gives new plaintiffs more time to join the litigation before it heads to trial next year. That is, of course, assuming that the...more

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court - October 2024

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The Supreme Court of California is gearing up to decide an important question for the future of product liability law: Do drug manufacturers have a duty to innovate? In other words, does a manufacturer of a non-defective drug...more

Benesch

Trailer Manufacturing, Leasing, Interchange Liability

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The trucking industry recently received 450 million reasons to pay closer attention to best practices for trailer safety and the business relationships involving trailer use. On September 5, 2024, plaintiffs suing trailer...more

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