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Products Liability Intellectual Property

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:
Husch Blackwell LLP

Circuit Split: 3rd vs 9th & 11th Circuits on FIFRA Duty to Warn Claims

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The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide,...more

Pillsbury - Policyholder Pulse blog

Level Unlocked: Insurance Recovery Options for Video Game Manufacturers Facing Video Game Addiction Lawsuits

In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,...more

Jones Day

EU Enacts Broad Cybersecurity Requirements for Hardware and Software Products

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On October 10, 2024, the EU Cyber Resilience Act ("CRA") was adopted by the Council of the European Union....more

Goldberg Segalla

Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

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Court: Supreme Court of the State of New York, County of New York (NYCAL) - A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL)....more

Kelley Drye & Warren LLP

California Adopts Enforcement Criteria and Testing and Registration Requirements for PFAS in Textiles, Juvenile Products and Food...

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Recently adopted California legislation (AB 347) aims to fill fundamental gaps in implementation of the state’s restrictions on per- and polyfluoroalkyl substances (“PFAS”) in juvenile products, textile articles, and food...more

Foley & Lardner LLP

GLP-1 Drugs: FDA Sued Over Removing Tirzepatide from the Drug Shortage List

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Less than a week after the U.S. Food & Drug Administration (FDA) determined that the shortage of the tirzepatide injection, a glucagon-like peptide 1 (GLP-1) medication, has been “resolved” and removed from the FDA’s shortage...more

Kelley Drye & Warren LLP

Federal Judge: Screening Test Alone Not Sufficient to Support PFAS Class Action

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A federal judge in California has rejected a specific screening test for per- and polyfluoroalkyl substances (PFAS) as insufficient alone to support a class action lawsuit involving allegations of PFAS in menstrual products....more

Sheppard Mullin Richter & Hampton LLP

EU Cybersecurity Regulation Adopted, Impacts Connected Products

The EU Regulation on horizontal cybersecurity requirements for products with digital elements, the so-called Cyber Resilience Act, has been officially adopted on 10 October 2024 and will be published in the EU’s official...more

Rivkin Radler LLP

October 2024 Insurance Update

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There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more

Oberheiden P.C.

Everything You Need to Know About the Bard PowerPort Lawsuits

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The medical device manufacturer Bard is facing hundreds of lawsuits over its Bard PowerPort device. These lawsuits allege that the device was defectively made and caused significant medical problems when it broke....more

Perkins Coie

Notable Ruling Roundup - October 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Gracemarie Venticinque v. Back to Nature Foods Company, LLC, No. 23-1236-cv (2d Cir. 2024): In...more

Bradley Arant Boult Cummings LLP

Wait? My CBD Business May Be Racketeering? A Potential Existential Crisis We Have Been Warning About

Even the most responsible hemp operator should understand that it operates in a world full of risk. But I doubt many of them believe they might be accused of racketeering. Last week, the U.S. Supreme Court heard arguments...more

McDermott Will & Emery

Key Features of the New EU Product Liability Directive: Increased Potential for Litigation in the Technology, Pharmaceutical and...

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On October 10, 2024, the Council of the European Union adopted the new EU Directive on Liability for Defective Products (New PLD), repealing Directive 85/374/EEC (PLD), adopted in 1985....more

Morrison & Foerster LLP - Class Dismissed

CPSC Releases Annual Report On Deaths And Injuries Involving Nursery Products

During September 2024’s “Baby Safety Month,” the Consumer Product Safety Commission (CPSC) published its annual report detailing injuries and deaths associated with nursery products among children under the age of five. CPSC...more

Husch Blackwell LLP

Federal Agency Implements First-Ever Product Safety Standards for Infant Nursing Pillows

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The U.S. Consumer Product Safety Commission (CPSC) announced a new rule on September 18, 2024, which will implement the first-ever federal safety standards for infant nursing pillows. This rule comes in response to 154 infant...more

Knobbe Martens

Novacure’s Wearable Lung Cancer Treatment Device, Optune Lua, Receives FDA Approval

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The FDA has granted approval for Novocure‘s wearable medical device, Optune Lua, designed to treat advanced non-small cell lung cancer (NSCLC). The device utilizes portable transducer arrays placed on the skin to deliver...more

Morrison & Foerster LLP - Class Dismissed

CPSC Commissioners Abstain From Retracting Infant Sleep Product Statements

In a disappointing, yet somewhat unsurprising, turn of events, the Consumer Product Safety Commission (CPSC) has refused to retract Commissioner Richard Trumka’s unilateral statements earlier this year encouraging retailers...more

Keller and Heckman LLP

September 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

Goldberg Segalla

Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

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Court: Superior Court of Rhode Island, Providence - In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing...more

Goldberg Segalla

Connecticut Jury Returns $15M Verdict against J&J in Talc Trial

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Court: Fairfield County, Connecticut Superior Court - A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries.  ...more

Amundsen Davis LLC

When Compliance May Not Be Enough: Takeaways From a $462 Million Missouri Verdict

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A Missouri jury recently entered a $462 million product liability verdict against trailer manufacturer Wabash National Corporation. The 2019 underride accident occurred when the driver, with a blood alcohol level over the...more

Quarles & Brady LLP

Indispensable Strategies for Protecting Disposable Products

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As commerce moves more and more online, companies are facing unique challenges with respect to protecting their products, and the low cost of entry for online sellers has contributed to proliferations of knock-off and...more

Troutman Pepper

California Proposes Significant Changes to Product Packaging Regulations

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What Happened - On Monday, October 14, 2024, the California Department of Resources Recycling and Recovery (CalRecyle) opened a public comment period on changes to the previously proposed regulations implementing the...more

Stark & Stark

Product Defect Representation for Tesla Supercharger Injuries

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Automotive giant Tesla is facing increasing criticism following allegations that the company failed to implement adequate warnings and safety measures on its popular Tesla Supercharger stations. The scrutiny arose after...more

Oberheiden P.C.

Allergan Breast Implant Lawsuits: 6 Things to Know

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Thousands of lawsuits have been filed against the Ireland-based medical device company Allergan for a unique type of blood cancer that has been linked to its textured breast implant. The U.S. Food and Drug Administration...more

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