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Manufacturers Immunity

Maron Marvel

Federal Court Issues Critical Opinion in PFAS Multidistrict Litigation

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PFAS, also known as Per-and poly-fluoroalkyl substances can be found in numerous industrial products. In South Carolina, United States District Court Judge Gergel presides over the PFAS multidistrict litigation (MDL). The MDL...more

White and Williams LLP

Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

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Per- and poly-fluoroalkyl substances, commonly known as PFAS, have served as a key component in numerous industrial and consumer products for decades. These “forever chemicals,” which have been associated with environmental...more

Husch Blackwell LLP

PREP Act Offers Immunity To Product Manufacturers And Premises Owners From COVID-19 Liability

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The Public Readiness and Emergency Preparedness Act (PREP Act) may provide immunity to product manufacturers and premises owners who face liability from their administration or use of antivirals, drugs, biologics,...more

Jackson Lewis P.C.

Indiana Enacts COVID-19 Liability Shield For Hoosier Businesses

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In an effort to stimulate safe reopening of the economy and protect companies acting in good faith, Indiana has enacted a COVID-19 immunity shield. Governor Eric Holcomb signed Indiana Senate Bill 1, “Immunity Related to...more

Steptoe & Johnson PLLC

The COVID-19 Jobs Protection Act: Liability Immunity for Health Care Facilities on the Horizon in West Virginia

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On February 19, 2021, the West Virginia Senate passed SB 277, the “COVID-19 Jobs Protection Act.” The purpose of the Act is stated to “eliminate the liability of the citizens of West Virginia and all persons including...more

Patterson Belknap Webb & Tyler LLP

HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and...more

White and Williams LLP

HHS Purports to Expand Civil Immunities Related to COVID-19 Vaccine

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On December 3, 2020, in anticipation of one or more forthcoming COVID-19 vaccines, the U.S. Department of Health and Human Services (HHS) purported to broadly expand civil immunity from tort claims related to the manufacture,...more

Lathrop GPM

Missouri Bill Aims to Protect Individuals and Businesses Helping in Response to COVID-19

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On Monday, November 16, 2020, the Missouri Senate introduced Senate Bill 1 (“SB 1”), which modifies provisions relating to civil actions arising during a declared state of emergency. Due to COVID-19, Missouri first declared a...more

Kilpatrick

COVID-19: Chart of State Immunity Statutes

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With uncertainty surrounding efforts in the Senate to enact broad COVID-19-related immunity for all schools, colleges, charities and businesses in the Phase 4 Coronavirus relief act, the “HEALS Act,” organizations still need...more

Morgan Lewis

The PREP ACT: Critical Liability Immunity for Critical Products

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As the coronavirus (COVID-19) pandemic resurges, PREP Act liability immunity continues to be critical for manufacturers and users of COVID-19 medical products. ...more

Bradley Arant Boult Cummings LLP

Mississippi Legislates Herd Immunity from COVID-19 Exposure Claims

The Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act was signed into law on July 8, 2020. The Act provides sweeping immunity for businesses, health care providers,...more

Pillsbury Winthrop Shaw Pittman LLP

The Economic Recovery: States Offer Varied Liability Protections for Businesses

Businesses continue to face uncertain liability risks from COVID-19-related lawsuits. The state initiatives for civil liability protections for businesses remain limited and varied by jurisdiction. The statutes enacted to...more

Hogan Lovells

PREP Act declaration amended to clarify coverage of certain products not directly used for COVID-19

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On Monday, the U.S. Department of Health and Human Services (HHS) issued a second amendment (the Amendment) to the March 10, 2020 Declaration under the Public Readiness and Emergency Preparedness (PREP) Act for Medical...more

Holland & Knight LLP

PREP Act: Liability Protection Is Available During COVID-19 Pandemic

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Issues relating to liability for pharmaceutical, personal protective equipment (PPE) and diagnostic test businesses as well as for physicians and healthcare personnel in the coronavirus (COVID-19) context remains a salient...more

Sheppard Mullin Richter & Hampton LLP

Not So Fast – FDA Retracts Authorization for Some Respirators Made in China

Immunity under the Public Readiness and Emergency Preparedness (“PREP”) Act is a moving target for government contractors and other companies manufacturing or distributing personal protective equipment (PPE) in the COVID-19...more

Fox Rothschild LLP

North Carolina Law Provides Limited Immunity To Certain Businesses Against COVID-19 Contraction Claims

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While it is no silver bullet, North Carolina’s new pandemic aid legislation (Session Law 2020-3) includes helpful liability limitations for certain businesses faced with claims by employees, customers and users of personal...more

Society of Corporate Compliance and Ethics...

Compliance professionals find some relief under PREP Act

Report on Supply Chain Compliance 3, no. 9 (April 30, 2020) - Companies that are switching production lines to help produce critical medical equipment have a measure of liability immunity under the Public Readiness and...more

Troutman Pepper

HHS Issues Advisory Opinion Clarifying Prep Act Immunity

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In response to a wave of questions from organizations looking to contribute to the fight against COVID-19, HHS recently clarified the bounds of immunity under the Public Readiness and Emergency Preparedness (PREP) Act, which...more

Nutter McClennen & Fish LLP

Do You Qualify for Immunity Under the Public Readiness and Preparedness Act?

Over the last few weeks, many private sector entities have jumped into the marketplace to assist with the COVID-19 emergency response. Some manufacturers have pivoted from their normal activities to begin making a new product...more

Harris Beach PLLC

FDA’s Emergency Use Authorization Expands Class of Mask Manufacturers and Distributors Entitled to Immunity

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In response to increased concerns regarding insufficient personal protective equipment (“PPE”), the FDA recently issued an Emergency Use Authorization (“EUA”) applicable to face masks for use by both the general public and...more

BCLP

U.S. Liability Considerations for Product Manufacturers Shifting Production to New Products to Assist in Pandemic Response

BCLP on

An issue of concern for some manufacturers during the COVID-19 outbreak is the issue of potential liability in a product liability lawsuit if they switch their manufacturing process to produce items they don’t normally...more

Goodwin

Qualifying for Immunity Under the U.S. PREP Act During COVID-19

Goodwin on

As part of the U.S. government’s response to the COVID-19 pandemic, on March 10, 2020, the Secretary of Health and Human Services (“Secretary”) issued a Declaration pursuant to the Public Readiness and Emergency Preparedness...more

Hogan Lovells

HHS Issues Advisory Opinion Encouraging a Broad Reading of its PREP Act Declaration

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On April 14, 2020, the Department of Health and Human Services (HHS) General Counsel issued an advisory opinion (“the Opinion”) on the March 10, 2020 Public Readiness and Emergency Preparedness Act (“PREP Act”) Declaration...more

Womble Bond Dickinson

COVID-19 Liability Immunity - What You Need to Know Now

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The Secretary of the Department of Health and Human Services issued a declaration providing liability immunity to certain individuals and entities against covered claims of loss relating to the manufacture, distribution,...more

BCLP

Immunity from Liability under the U.S. PREP Act for Medical Countermeasures during the SARS-CoV-2/COVID-19 Pandemic

BCLP on

Key Points HHS Declaration Provides Immunity: During a public health emergency, the Secretary of HHS can issue a Declaration providing broad tort immunity for “Covered Persons” engaging in “Recommended Activities” with...more

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