News & Analysis as of

Class Action Bodily Injury

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Harris Beach PLLC

Defending Benzoyl Peroxide Acne Product/Benzene Litigation

Harris Beach PLLC on

This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more

Searcy Denney Scarola Barnhart & Shipley

Searcy Denney Is Pursuing Claims on Behalf of Families Affected by Dangerous WanaBana Applesauce Pouches

Our firm is actively pursuing claims against WanaBana USA and other companies on behalf of families affected by WanaBana USA’s dangerous applesauce pouches. On October 28, 2023, the U.S. Food and Drug Administration (FDA)...more

Ervin Cohen & Jessup LLP

Courts surprisingly affirm insurance coverage to defend against economic loss

For parties facing class action lawsuits, where the class seeks to recover for economic losses, there may still be opportunities for insurance coverage. Thus, where economic losses arise out of the purchase of products that...more

Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

Maron Marvel on

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Maron Marvel

Delaware Supreme Court Rules Manifestation of Physical Harm Required for Claim of Increased Risk of Illness

Maron Marvel on

Reaffirming Delaware’s position on medical monitoring claims apart from its neighboring states, the Delaware Supreme Court answered a question certified to it by the Third Circuit ruling that there must be a manifestation of...more

Maron Marvel

Delaware Supreme Court to Decide Whether Increased Risk of Illness Constitutes a Claim in Delaware

Maron Marvel on

The Delaware Supreme Court heard arguments on June 14, 2023, on a question certified to it from the Third Circuit of the U.S. Court of Appeals, as to whether medical monitoring claims can be made in Delaware without proof of...more

Foley & Lardner LLP

PFAS Plaintiff Asserts One of the Largest Class Actions in History

Foley & Lardner LLP on

You read that correctly: A PFAS plaintiff in a case pending in Ohio federal court recently asserted “one of the largest class actions in history,” according to the Sixth Circuit Court of Appeals, which is currently...more

Cozen O'Connor

Waste Water and Ambiguities: Oklahoma Supreme Court Affirms that Carrier Must Defend Oil and Gas Company in Property Damage Suit

Cozen O'Connor on

In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 (Okla. June 14, 2022), the Oklahoma Supreme Court concluded that seismic activity caused by water waste disposal wells in oil and gas operations...more

BakerHostetler

What Is a PFAS, and Why Should I Care? Part II - The Threat to the Restaurant and Food Packaging Industries, and Potential...

BakerHostetler on

In our initial blog post, we introduced readers to per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” and predicted the rise of PFAS consumer class actions and increased regulatory activity barring the...more

Rivkin Radler LLP

Insurance Update - June 2021

Rivkin Radler LLP on

Insurance coverage litigation often centers on the interpretation of specific terms and phrases in an insurance policy. In our June Insurance Update: The Illinois Supreme Court decides whether disclosure of biometric...more

Jaburg Wilk

Arizona District Court Holds "Reasonable" Medical Expenses Are Amounts Accepted by Providers as Payment in Full Rather Than Billed...

Jaburg Wilk on

The Holding - In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113 (D. Ariz. Apr. 28, 2020), a putative breach of contract and insurance bad faith class action arising from a MedPay claim, the Arizona District...more

Rivkin Radler LLP

Insurance Update-July 2020

Rivkin Radler LLP on

We bring you our July Insurance Update. Perhaps the biggest news this month comes out of Michigan. At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business...more

Bricker Graydon LLP

Member obligations for participation in the NCAA concussion injury class action settlement release

Bricker Graydon LLP on

In 2011, a former Eastern Illinois University football player named Adrian Arrington filed a putative class-action lawsuit against the NCAA for its handling of student-athlete concussions and concussion-related risks....more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Nilan Johnson Lewis PA

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

Nilan Johnson Lewis PA on

The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Chambliss, Bahner & Stophel, P.C.

As E-Scooters Spread, California Disability Advocates Sue over Right to the Sidewalk

People with visual and mobility disabilities are being denied “their right to travel freely and safely on public walkways” as a result of an “onslaught of unregulated dockless scooters.” ...more

Polsinelli

Ninth Circuit Holds that Repeated Concussions Are Not an "Inherent Risk" in Return-to-Play Case and Revives Class Action Claims...

Polsinelli on

Recently, the Ninth Circuit held that secondary head injuries suffered after a potential concussion are not “inherent in the sport” of water polo and, therefore, USA Water Polo owed a minor athlete a duty of care to set...more

Searcy Denney Scarola Barnhart & Shipley

Why Should Class Action Matter to You?

According to a bill pending in the House of representatives, class actions are bad for you and multi-district litigation is not your friend. HR 985 is an example of our legislators acting out of complete ignorance or an...more

Proskauer - Insurance Recovery & Counseling

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

Carlton Fields

Certification Denied for Purchasers of Product Awash with Design Differences

Carlton Fields on

The Central District of California denied Plaintiff’s motion to certify a class of purchasers of Defendant’s washing machines that contain an air hose connected to an air dome. Plaintiff alleged the connection between the...more

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