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Morrison & Foerster LLP

When Your Life Sciences Are on the Line: Product Liability and Mass Torts

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fourth episode of When Your Life Sciences Are on the Line, where leading...more

Husch Blackwell LLP

Preterm Infant Formula Litigation: Key Takeaways from Recent Jury Verdicts

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Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only spotlight the legal...more

Sheppard Mullin Richter & Hampton LLP

Dos and Don’ts for Advertising, Packaging and Labeling of Cannabis Products in Illinois

Under Illinois law, there are various statutes and regulations that set forth requirements and prohibitions for advertising, promotion, packaging, and labeling of cannabis and cannabis-infused products. These rules are...more

Dechert LLP

Dechert Re:Torts - Issue 19 - August 2024

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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

Goldberg Segalla

Pump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part

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Court:  United States District Court for the Middle District of Florida, Tampa Division - In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain...more

Goldberg Segalla

South Carolina Jury Returns $63.4M Plaintiff Verdict in Talc Trial

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Court: Circuit Court of South Carolina, Fifth Judicial Circuit - A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International...more

Goldberg Segalla

Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

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Court: Supreme Court of New York, Albany County - Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos...more

Cooley LLP

Productwise Battery Shorts, Part 1: Are My Products Affected and When Do I Need to Comply?

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The European Union Batteries Regulation 2023/1542 started applying in August 2024 and represents a major change for anyone who manufactures, imports, or sells stand-alone batteries, or products containing batteries....more

Husch Blackwell LLP

Talc-Related Matter Filings Predictably Increase, As New Bankruptcies are Filed

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Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the...more

Kelley Drye & Warren LLP

Minnesota Aims for Fall 2025 Release of PFAS Reporting System

As Maine struggles to develop a reporting system in the wake of the legislature’s overhaul of the Pine Tree State’s PFAS reporting requirements, the Minnesota Pollution Control Agency (“MPCA”) announced that it aims to begin...more

Epstein Becker & Green

Unpacking Averages: How Old Are Medical Devices on the US Market?

This month, I explore just how old medical devices are as measured by the date they were cleared or approved by the FDA, using the Global Unique Device Identification Database....more

Oberheiden P.C.

Hernia Mesh Litigation: What a Global Settlement Would (and Wouldn’t) Mean for Patients and Their Families

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Recent events suggest that a global settlement in the longstanding hernia mesh multidistrict litigation (MDL) is on the horizon. Most recently, the parties jointly submitted two case management orders on July 5, 2024—CMO #52...more

ArentFox Schiff

Manufacturers Fight Back on PFAS Litigation

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Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a...more

Foley & Lardner LLP

2024 CPSC and FDA Enforcement Trends

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The enforcement trends of 2023 have continued into 2024, especially with respect to the U.S. Consumer Product Safety Commission (CPSC or Commission) and the U.S. Food and Drug Administration (FDA or Agency). Both have ramped...more

MG+M The Law Firm

Massachusetts Enacts Law Targeting PFAS in Firefighter Protective Gear

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On August 15, 2024, Massachusetts Governor, Maura Healy, signed legislation that will regulate and ultimately end the sale of protective gear for firefighters that contain per- and polyfluoroalkyl substances (PFAS)....more

Goldberg Segalla

Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham...more

Bennett Jones LLP

Certification Denied in Proposed Negligent Design Class Action Against Gun Manufacturer for Mass Shooting

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The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion....more

Husch Blackwell LLP

Extending Derivative Sovereign Immunity For Government Contractors

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The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity...more

Bennett Jones LLP

Differences in Consumer Protection Legislation Continue to Deter National Consumer Protection Based Class Actions

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The Supreme Court of British Columbia’s recent December 2023 decision in MacKinnon v Pfizer Canada Inc. (MacKinnon) illustrates that certifying a national class action against product manufacturers based on breaches of...more

DLA Piper

Food and Beverage News and Trends - August 2024

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. FDA rolls out Phase II of long-term sodium reduction plan. FDA has released new,...more

Searcy Denney Scarola Barnhart & Shipley

Exploring Treatment Options for Exactech Shoulder Issues: Surgery vs. Non-Surgical Approaches

The U.S. Food and Drug Administration (FDA) has issued a Safety Communication advising healthcare providers to stop implanting Equinoxe Shoulder System joint replacement devices manufactured by Exactech. The Safety...more

DLA Piper

Microplastics Allegations “Don’t Hold Water”: Illinois District Court Tosses Claims Against Bluetriton Brands

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A recent opinion from the Northern District of Illinois may dampen the prospects of plaintiffs seeking to challenge the labeling of bottled water and other beverages based on the alleged presence of microplastics....more

Husch Blackwell LLP

Fed. R. Civ. P. 16.1: MDL Guidance in Products Liability Cases

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In 1968, the Multidistrict Litigation Act provided the framework for multidistrict litigation (MDL); where civil actions involve “one or more common questions of fact . . . pending in different districts, such actions may be...more

BakerHostetler

New State Laws Limiting the Use of PFAS in Consumer Products Continue to Proliferate

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Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more

Faegre Drinker Biddle & Reath LLP

Yes, Michigan Applies the Learned Intermediary Doctrine

For decades, both state and federal courts in Michigan have routinely applied the learned intermediary doctrine in products liability cases involving prescription medical products. Under the doctrine, a manufacturer’s duty to...more

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