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Products Liability Toxic Torts

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

Gardner Law

FDA Compliance: Conducting a Recall

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Conducting a recall is a time-sensitive process that requires an informed, strategic, and measured approach. When conducting recalls, companies must take the necessary steps to protect patients or consumers and comply with...more

Polsinelli

FDA Issues Exemptions from November 27, 2024 Compliance Deadline for Updated DSCSA Requirements

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On Wednesday, the Food and Drug Administration (FDA) issued a statement granting additional exemptions from its November 27, 2024 deadline for compliance with certain product transaction requirements.  The exemptions followed...more

McDermott Will & Emery

MHRA Updates its Timeline for Medical Device Regulatory Changes in the UK

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The MHRA recently published an update on its plans for MedTech regulatory change. The update confirmed that the new framework will be introduced through four statutory instruments to update and replace the UK Medical Devices...more

DLA Piper

Washington State Department of Ecology Proposes Next Tranche of Safer Products Program Regulations to Reduce PFAS in Consumer...

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Introduction - On September 18, 2024, the Washington Department of Ecology (the Department) shared a preliminary draft rule (Draft Rule) that would impose comprehensive restrictions and reporting requirements on manufacturers...more

Faegre Drinker Biddle & Reath LLP

In re Taxotere (Docetaxel) MDL Court Rejects Plaintiffs’ Argument that Lone Pine Order is Unfair

We think Lone Pine orders are pretty fair. Lone Pine orders are case management orders that require plaintiffs in multidistrict litigation (MDL) to produce specific evidence without which the plaintiffs cannot make a prima...more

Hissey, Mulderig & Friend, PLLC

Ozempic Weight Loss Users at Risk of Gastroparesis and Other Stomach Problems, New Study Reveals

A recent study published by the Journal of the American Medical Association (JAMA) found that patients taking the drugs Ozempic (semaglutide) and Wegovy (liraglutide) for weight loss were more than three-times more likely to...more

Osano

Why Privacy is Your Secret Weapon Against Third-Party Risk

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Managing third-party risk can feel like fighting a hydra — mitigate one risk factor and two more appear in its place. From cybersecurity to business continuity planning, vendor evaluation and onboarding, and more, doing...more

Goldberg Segalla

Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more

Goldberg Segalla

Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

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Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department - The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation...more

Morrison & Foerster LLP

CPSC Proposes New Safety Rules for Infant Rockers

The Consumer Product Safety Commission (CPSC) is seeking to mandate voluntary safety standards for infant/toddler rockers. In October 2023, CPSC published a notice of proposed rulemaking (NPR) to address associated risks....more

Butler Snow LLP

Will companies get a pass on personal injury claims under RICO?

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The United Supreme Court will hear arguments this month in a case that will have widespread consequences for the business community, specifically the products industry. In Medical Marijuana v. Horn, the question presented to...more

Pillsbury - PFAS Observer

New Lawsuit Highlights PFAS Exposure for Fertilizer Manufacturers

A lawsuit filed earlier this year highlights potential PFAS liability exposure for fertilizer manufacturers, especially those that produce biosolid-based products. Five Texas farmers have sued Synagro Technologies, alleging...more

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

Hazardous Materials Transportation Act/Compressed Gas Tank Actuation: New York Court Addressed Preemption Issue

The Appellate Division of the New York Supreme Court (“Court”) addressed in an August 29th opinion an issue arising out of an injury to Malerba caused by an improperly manufactured compressed fire suppression gas tank. See...more

DLA Piper

California Adds Teeth to PFAS Laws Covering Juvenile Products, Textiles, and Food Packaging

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On September 29, 2024, California Governor Gavin Newsom signed into law AB 347, adding comprehensive registration, certification, and enforcement provisions to California’s existing and forthcoming restrictions on the use of...more

Davis Wright Tremaine LLP

PFAS Alert! Product Manufacturers and Importers Required To Report Products That Contain PFAS by January 2026

In September 2024, the Environmental Protection Agency ("EPA") announced an extension to the reporting period for its new Per- and Polyfluoroalkyl Substances ("PFAS") reporting and recordkeeping requirements under the Toxic...more

Bergeson & Campbell, P.C.

Minnesota Posts Q&As from July 2024 Webinars on PFAS in Products Law; Leaders Mark 100 Days until Law Takes Effect

The Minnesota Pollution Control Agency (MPCA) held two public webinars in July 2024 to provide updates and answer questions on Minnesota’s per- and polyfluoroalkyl substances (PFAS) in products law (Amara’s Law), which takes...more

Cozen O'Connor

New California Law Gives Teeth to Flavored Tobacco Ban

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A bill co-sponsored by California AG Rob Bonta, which aims to assist with the implementation of a ban on the sale of flavored tobacco in the state, was signed into law and will go into effect on January 1, 2025....more

Nelson Mullins Riley & Scarborough LLP

A Rock and a Hard Place - The Third Circuit's Recent Fosamax Preemption Decision

Last month, the Third Circuit issued another appellate opinion in the long-gestating In re Fosamax litigation (3d Cir Sept. 20, 2024, – F. 4th, 2024 WL 4247311). The litigation, now well into its second decade, involves...more

Hissey, Mulderig & Friend, PLLC

Ozempic, Other Diabetes-Weight Loss Drugs Linked to 162 Deaths, According to FDA Data

Ozempic and other diabetes-weight loss drugs have been linked to at least 162 deaths and 10,000 cases involving “serious” injuries since 2018, according to data from the U.S. Food and Drug Administration (FDA)....more

Husch Blackwell LLP

MoCRA: Facility Listing and Cosmetic Registration with FDA Direct

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As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each...more

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

Harmful Products/Section 230 of the Communications Decency Act: U.S. District Judge Dismisses U.S. Department of Justice...

WebProNews reported in an October 1st article that United States District Judge Orelia E. Merchant dismissed a United States Department of Justice (“DOJ”) environmental enforcement action that had been filed against eBay,...more

Nelson Mullins Riley & Scarborough LLP

A Rent-Seeking Laboratory and the Genesis of Many Mass Torts

Over the past decade, mass tort litigation involving de minimis levels of impurities has skyrocketed.  One need only turn on the evening news to see advertisements for litigation related to allegedly carcinogenic or...more

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