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Manufacturers Sellers

Butler Snow LLP

Leveraging the UCC for Sellers

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For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more

BCLP

California Bans Use of Certain Food Additives

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The California Food Safety Act, a law that bans the sale of foods containing four specific chemical additives, has been signed into California law. The law takes effect on January 1, 2027....more

Schwabe, Williamson & Wyatt PC

Manufacturing Companies: Runway Starts Now for a Smooth Exit

Exit opportunities for manufacturing companies require planning, diligence, and patience. The manufacturing industry has had it rough over the past few years. Supply chain challenges stemming from the pandemic have lingered,...more

Snell & Wilmer

Component-Part Manufacturers Are Not Required to Indemnify Retail Sellers Under California’s Song-Beverly Consumer Warranty Act...

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The California Court of Appeal in Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318 held that component-part manufacturers are not obligated to indemnify retail sellers under California Code of Civil Procedure section...more

Gardner Law

State Registration Enforcement

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Are you licensed to sell in these states? Most U.S. states require manufacturers to register, and gain a state-issued licensure, to sell or manufacture products within state boundaries. In fact, the following states...more

Jaburg Wilk

Who is Entitled to “Notice” Under the Revised Purchaser Dwelling Act?

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As a construction defect attorney, I know I am not alone with the frustration in trying to interpret the confusing, ambiguous, and often times nonsensical language which comprises Arizona’s Purchaser Dwelling Act, promulgated...more

Bradley Arant Boult Cummings LLP

The U.S. Trademark Office Says Δ8-THC Is Illegal -- Usually

The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill...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

ArentFox Schiff

Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)

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In our first Cannabis Counsel Cast episode, Partners Emily Leongini and Lynn Fiorentino discuss the potential impact of California’s Prop. 65 on manufacturers, distributors, and sellers of cannabis products, particularly in...more

Wiley Rein LLP

FCC Proposes to Ease Equipment Marketing and Importation Rules

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On December 10, 2020, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) proposing to ease certain restrictions on marketing and importation of radiofrequency (RF)...more

Foley & Lardner LLP

Force Majeure Tug-of-War: Competing Interests of Buyers and Sellers Negotiating Force Majeure Protections in Supply Chain...

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It is quite common in supply chain contracts for the buyer and the seller to have competing interests in negotiating key contractual provisions and protections. Before COVID-19, force majeure provisions were often just an...more

K&L Gates LLP

COVID-19: Price Gouging Enforcement in the United States - Key Considerations

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The legal landscape surrounding price gouging has changed dramatically over the past several weeks and continues to do so. When COVID-19 first reached the United States, several states had yet to enact price gouging...more

Foley & Lardner LLP

Supply Contract Update: Michigan Court of Appeals Affirms that a Requirements Contract Need Not Be Exclusive (Cadillac Rubber &...

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On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract...more

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

Products Liability Series: What is Arkansas' Law on Joint and Several Liability?

Arkansas limits a judgment against a defendant to no more than its proportional share of the damages. In other words, damages are allocated to a defendant in direct proportion to that defendant’s percentage of fault. For...more

Gray Reed

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

Gray Reed on

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

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

Benesch

INCOTERMS – Ground Zero for Negotiating Tariff Impact

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The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. INCOTERMS are so ubiquitous in international...more

Burr & Forman

SC body bag noncompete case exhumed, revisited

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Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more

Porter Hedges LLP

Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of...

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The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the...more

Bracewell LLP

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

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On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

Cranfill Sumner LLP

Top 7 Defenses for Product Liability Lawsuits in North Carolina

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North Carolina law provides for a variety of affirmative defenses for manufacturers and sellers in product liability actions. The legislature has codified many of these defenses in the North Carolina Product Liability Act...more

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