News & Analysis as of

Distributors Product Defects

McCarter & English, LLP

Artificial Intelligence & Product Liability

As federal agencies and states grapple with regulating artificial intelligence (AI) to enhance its safety profile, and as businesses race to adopt AI for myriad purposes, it is important to recognize a general safety...more

Foley Hoag LLP

Product Liability Update - July 2024

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

McGlinchey Stafford

Maritime Products Liability Law: Understanding the Fundamentals

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The United States Supreme Court first recognized products liability, including strict liability, as part of the general maritime law in East River Steamship S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (1986). The...more

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

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In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Husch Blackwell LLP

The Specter of Nuclear Verdicts and Middle-Market Companies

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The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such...more

Snell & Wilmer

CPSC Rules Amazon Responsible Under Federal Safety Law for Hazardous Products Sold by Third-Party Sellers on Amazon.com

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Today, the Consumer Product Safety Commission (CPSC) issued an Order against Amazon.com, Inc.. determining that Amazon was a “distributor” of products that are defective or fail to meet federal consumer product safety...more

Searcy Denney Scarola Barnhart & Shipley

Get the Help You Need: Navigating Product Liability Cases in Florida

Product liability cases in Florida, as in any other state, involve legal claims against manufacturers, distributors, or sellers of defective products that cause harm to consumers. These cases can be complex, involving various...more

Woodruff Sawyer

Preparing for the Unexpected: A Product Recall

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The risk of a product recall has increased in recent years due to changing global regulatory standards. Contributing factors include geographically widespread supply chains and different manufacturing protocols among nations...more

Jones Day

Reversal of Burden of Proof Under Proposal for a New EU Product Liability Directive

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In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more

Cooley LLP

International Product Recall – The Basics You Need To Know

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Increasing globalization of product markets brings tremendous opportunities for product manufacturers. New technologies enable companies to reach consumers in markets all around the world, and rapid geographical expansion is...more

Cozen O'Connor

Eight Million Portable Dehumidifiers Recalled in The Last 10 Years

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Believe it or not, there are just six more weeks until spring. As the weather warms up and humidity rises, homeowners will start to use their portable dehumidifiers. The use of portable dehumidifiers poses a significant fire...more

Hogan Lovells

Proposal for General Product Safety Regulation (GPSR): Overview of important potential revisions

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Already in 2011, the EU Commission stated its intention to revise the Directive 2001/95/EC on general product safety ("GPSD") "to improve the safety of products circulating in the EU through better coherence and enforcement...more

Snell & Wilmer

E-Commerce Marketplace Liablity

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Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. Amazon.com LLC, 2021...more

Searcy Denney Scarola Barnhart & Shipley

Can I Sue for a Faulty Product?

Although “faulty” doesn’t necessarily mean “defective” or “dangerous,” product liability law does indeed hold manufacturers and others liable for producing dangerous products that cause injury. Product liability claims in...more

Faegre Drinker Biddle & Reath LLP

Online Retailers Beware: Texas Supreme Court to Consider Whether Amazon Is a “Seller” - Faegre Drinker on Products

The Texas Supreme Court is set to determine whether Amazon can be considered a “seller,” and thus held liable, for a defective product sold through its website, in the case of McMillan v. Amazon.com, Inc., No. 20-20108, 2020...more

Butler Weihmuller Katz Craig LLP

Amazon: Primed for Trouble?

Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties through Amazon’s website.  Amazon has for many years argued it is...more

Gray Reed

Amazon Packages Bursting into Open Fires, Jack Frost Nipping at Your Nose…

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On December 26, Marty and Dave McFly were playing video games when, downstairs in the living room, the hoverboard that Marty had received for Christmas ignited. The fire quickly engulfed the Christmas tree and spread...more

Faegre Drinker Biddle & Reath LLP

Post-BMS, Courts Grapple with the Nexus Between Stream of Commerce Activities and the Plaintiff’s Claim Required for Specific...

Courts have struggled for decades to define the constitutional limitations on personal jurisdiction over major product manufacturers who sell their products nationwide. The central tension has been determining the validity...more

Akin Gump Strauss Hauer & Feld LLP

A Client’s Guide to FDA Recalls

Recent FDA Recall Highlights & Developments - • The agency finalized Public Warning and Notification of Recalls Under 21 CFR Part 7, Subpart C; Guidance for Industry and FDA Staff, providing recommendations regarding the...more

Farella Braun + Martel LLP

Selling Products In California: Navigating Product Regulations

Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more

BCLP

EU Retail News - September 2017

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UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more

Benesch

Supreme Court Tightens Personal Jurisdiction Requirements

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Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

Stinson LLP

The Road to Recall: Evaluating Defects for Substantial Product Hazard

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The U.S. Consumer Product Safety Commission (CPSC or the Commission) is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant to...more

Buchalter

Regulatory and Product Liability Overview for Distributors of Food Products in California

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Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

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