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Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:
Mitchell, Williams, Selig, Gates & Woodyard,...

Hot Topics in Products Liability Law: Collection and Use of Data is THE Products Liability Issue of the Future

Data is arguably the products liability issue of the future. Dealing with data is often already a critical part of products liability lawsuits, but with the rise of artificial intelligence and automation, product...more

Faegre Drinker Biddle & Reath LLP

Where No Forum Contacts “Relate To” Claims at Issue, Ninth Circuit Affirms Dismissal for Lack of Specific Personal Jurisdiction

Specific personal jurisdiction can be a very straightforward concept. If a plaintiff claims to have been injured by a product that the defendant itself sold directly to plaintiff at a store within the forum state, disputes...more

Reed Smith

Pelvic Mesh Remand Case Fizzles Out Again

Reed Smith on

Stop us if you have heard us say “stop us if you have heard this before.”  Pelvic mesh cases on remand have often faced the harsh realities of procedural requirements and burdens of proof because transferee judges have...more

Reed Smith

Pacemaker Claims Melt Away in Arizona Desert

Reed Smith on

We made our annual pilgrimage to the Arizona Cactus League last week. As we’ve done for the past 20-plus years, we rendered homage to our favorite sport, baseball, and, more importantly, to our sisters, one of whom lives...more

Sheppard Mullin Richter & Hampton LLP

California’s Toxic-Free Cosmetics Act Bans 24 Ingredients From Cosmetic Products

Effective January 1, 2025, a new California law will prohibit 24 ingredients from use in cosmetic products. California’s Toxic-Free Cosmetics Act [Assembly Bill (“AB”) 2762] was signed into law by Governor Gavin Newsom on...more

Reed Smith

District of Rhode Island: Receiving a Prescription in the Forum State Does Not Confer Specific Personal Jurisdiction

Reed Smith on

Thanks to our friend Adam Masin for sending us today’s hot-off-the-presses case, and a shout-out to Adam and his colleague Nancy Kelly, both of Gordon Rees Scully Mansukhani, for the great result. We’ll get to that in a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hot Topics in Products Liability Litigation: The Depreciation-Based Injury Theory Used to Support Standing in a Products Case

The depreciation-based injury theory is a method that has been increasingly tested by the plaintiffs’ bar to support the assertion of standing necessary to bring a product liability case. Under this theory, a plaintiff who...more

Husch Blackwell LLP

Lawsuit Based on Benzene in Aerosol Antiperspirant Dismissed with Prejudice

Husch Blackwell LLP on

A breast cancer lawsuit based on trace levels of benzene in aerosol antiperspirant was dismissed with prejudice by a federal judge in Louisiana, because causation was not sufficiently pled. In particular, the plaintiffs...more

Reed Smith

Pro Se Plaintiff Tries and Fails To Plead Claims For Failure To Withdraw And Failure To Warn

Reed Smith on

We have made no secret of our long-held views that “failure to withdraw” or “stop selling” theories of liability for FDA-authorized medical products are unwarranted perversions of state design defect law and preempted...more

Husch Blackwell LLP

Court of Appeals of Louisiana Affirms Second 8-Figure Verdict of 2023

Husch Blackwell LLP on

In a move that further cements Louisiana’s place as the 7th Ranked Judicial Hell Hole of 2023, the Court of Appeals of Louisiana affirmed a second 8-figure verdict of 2023 for a mesothelioma personal injury case in Strauder...more

Cooley LLP

New Product Liability Laws Coming to EU – Update for Life Sciences Companies

Cooley LLP on

The EU is currently overhauling its product liability laws. Prompted by the perceived risks of new technologies and a desire to make it easier for claimants to bring claims for medical device and pharmaceutical claims, the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Sham Phone Operations and E-Cigarettes

This week, the Court addresses the FCC’s adjudicatory authority and considers the scope of specific personal jurisdiction in product-liability suits. The Court holds that the Federal Communications Commission (“FCC”) did...more

Goodell, DeVries, Leech & Dann, LLP

California Court of Appeal Affirms that Federal Impossibility Preemption Defeats Prop 65 Warning Claims for Over-the-Counter...

The manufacturers and retailers of over-the-counter generic Zantac (ranitidine) have secured an important appellate victory in California state court. On March 9, the San Francisco-based California Court of Appeal, First...more

Reed Smith

The Maximum Illogic of “Maximum Strength” OTC Fraud Claims

Reed Smith on

The plaintiffs in Acosta-Aguayo v. Walgreen Co., 2023 U.S. Dist. LEXIS 34836  (N.D. Ill. March 2, 2023), visited their friendly neighborhood drug store and bought a lawsuit. Well, first they bought pain relief patches. Those...more

Faegre Drinker Biddle & Reath LLP

Texas Supreme Court Refocuses on Causation and Affirms Summary Judgment in Herbicide Drift Case

The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more

Reed Smith

Western District of Louisiana Confirms that Defendants Can’t Destroy Diversity if They Are in a Different Case (LOL)

Reed Smith on

We’ve started thinking that it might be fun to run for a seat on our county’s (elected) trial court bench, when we retire from our law firm. (Our current campaign is for our township’s school board. If we succeed, our term...more

Kelley Drye & Warren LLP

New York Joins the Growing List of States with Bans on PFAS in Apparel

Following in California’s footsteps, New York has recently joined a litany of States banning per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel. New York Governor Kathy Hochul signed the bill into law on...more

Reed Smith

Stretching Specific Personal Jurisdiction And Shrinking Preemption At The Pleadings Stage

Reed Smith on

When we started seeing a smattering of cases over long-term contraceptive devices used in connection with tubal ligation surgery, we were not surprised. Plaintiff lawyers have targeted a wide range of contraceptive drugs and...more

Reed Smith

Fourth Circuit Affirms Liability of Eyewash Sellers and Rejects Applicability of Sealed Container and Economic Loss Defenses 

Reed Smith on

Keralink Intl., Inc. v. Geri-Care Pharmaceuticals  Corp., 2023 WL 2000999 (4th Cir. Feb. 15, 2023), is unusual because it is an affirmance of summary judgment in favor of the plaintiff. Many years ago, we won a summary...more

Husch Blackwell LLP

Louisiana Appellate Court Affirms $10.35M Verdict Based on Take-Home Asbestos Exposure

Husch Blackwell LLP on

On January 5, 2023, a Louisiana appellate court issued a divided opinion that addressed the nature of take-home asbestos claims. Pete v. Bolan Marine & Manufacturing Co., LLC, 2021-0626 (La. App. 4 Cir. 1/5/23), 2023 La. App....more

Dechert LLP

Dechert Re:Torts Newsletter - Key Developments in Product Liability and Mass Torts - Issue 2

Dechert LLP on

Federal Appeals Court Dismisses Challenge to Interim PFAS Guidance, Leaving Important Questions Unresolved - A federal appeals court dismissed a challenge to EPA's interim guidance for PFAS levels in drinking water,...more

Vicente LLP

CBD Products Liability Lawsuits Could Be Revived After FDA Declines to Regulate Cannabidiol

Vicente LLP on

In recent years, several CBD companies faced product liability lawsuits brought by consumers. Many of these cases were dismissed without prejudice or stayed until the FDA takes action to regulate CBD products, meaning that as...more

Faegre Drinker Biddle & Reath LLP

The Omnibus Appropriations Act Grants FDA Formal Authority to Require Cybersecurity Action by Medical Device Manufacturers

Cyberattacks affecting internet-connected medical devices like insulin pumps, intracardiac defibrillators, mobile cardiac telemetry, pacemakers and intrathecal pain pumps have increased in recent years. And such attacks show...more

Jenner & Block

PFAS in Consumer Products

Jenner & Block on

Developing a Proactive and Strategic Game Plan - Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does Arkansas Recognize the Learned Intermediary Doctrine?

Does Arkansas recognize the learned intermediary doctrine? Yes. In Arkansas, the learned intermediary doctrine is an affirmative defense to a strict liability product claim. Although Arkansas law has only recognized the...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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