On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure…
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/ Civil Procedure, Constitutional Law
As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York, imposes…
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/ Constitutional Law, Energy & Utilities, Environmental Law
USDA Animal and Plant Health Inspection Service (APHIS) announced on January 23, 2025, that it is reinstating its legacy notification procedure as of February 7, 2025, providing a streamlined alternative to permits for regulated…
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/ Administrative Law, Agriculture, Science, Computers, & Technology
On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect.
Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on…
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/ Consumer Protection, Environmental Law, Toxic Torts
EPA Adds Nine New PFAS to List of Chemicals Subject to Toxic Chemical Release Reporting Under the Emergency Planning and Community Right-to-Know Act and The Pollution Prevention Act On January 6, 2025, the EPA published a final…
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/ Environmental Law, Science, Computers, & Technology, Toxic Torts
Interest in the “right-to-repair” movement continues to grow, as a number of states propose new legislation in this realm for consumer electronics, with five states successfully enacting such laws. But these laws are not…
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/ Consumer Protection, Products Liability, Science, Computers, & Technology
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…
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/ Administrative Law, Consumer Protection, Products Liability
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 to…
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/ Administrative Law, Consumer Protection, Products Liability
On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon Monoxide…
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/ Consumer Protection, Products Liability
While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman Law…
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/ Antitrust & Trade Regulation, Consumer Protection
The Consumer Product Safety Commission (CPSC) launched a new online Business Product Safety Complaint portal through which a business can anonymously alert CPSC of competitor products in the marketplace that businesses believe…
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/ Business Torts, Consumer Protection, Products Liability
In early May 2024, the New Civil Liberties Alliance (NCLA) notified the U.S. Consumer Product Safety Commission (CPSC) that it intended to file suit against CPSC and CPSC Commissioner Richard Trumka for allegedly violating the…
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/ Administrative Law, Consumer Protection, Health, Products Liability
Lithium-ion batteries are rechargeable batteries, commonly found in devices used every day, including cell phones, e-cigarettes, and laptops. Lithium-ion batteries are also found in electric vehicles, e-scooters, and other…
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/ Consumer Protection, Products Liability, Science, Computers, & Technology
On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in cans…
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/ Communications & Media Law, Consumer Protection, Health
