News & Analysis as of

Product Defects

Fox Rothschild LLP

In Product Defect Cases, PA High Court Says Silence Doesn't Equal Deception

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Mere Silence Is Not Deceptive - Businesses that sell products or services in Pennsylvania are assured access to a significant defense in consumer lawsuits now that the state’s highest court has held that simply staying...more

Hogan Lovells

Hidden gaps: Business risks your insurance may not cover

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Commercial insurance programmes are not always as comprehensive as policyholders assume. Certain categories of risk are routinely excluded or only partially addressed by standard policy wordings. This article considers three...more

Herbert Smith Freehills Kramer

Class Actions against UK Listed Companies

Class action litigation has become increasingly prominent in the English courts in the past decade, with claims increasing in size and value. Significant risk areas include securities class actions, Environmental, Social, and...more

Stark & Stark

Philadelphia Parking Garage Collapse in Grays Ferry

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A partially constructed parking garage collapsed in the Grays Ferry neighborhood of Philadelphia on April 8, 2026, killing one construction worker, injuring two others, and leaving two more unaccounted for beneath the rubble....more

Lathrop GPM

Ohio Federal Court Holds Reasonableness of Repair Efforts Is Jury Question

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A federal court in Ohio denied both sides’ summary judgment motions after finding genuine factual disputes over whether Overhead Door, a manufacturer of Wayne-Dalton doors, reasonably attempted to cure allegedly defective...more

Searcy Denney Scarola Barnhart & Shipley

10 Dangerous Drug Cases in 2026: Are You Eligible to Join?

Dangerous drugs are far more common than they should be. While pharmaceutical companies have a legal duty to ensure that their drugs are safe for use as marketed, numerous patients suffer serious complications caused by...more

Goldberg Segalla

Partial Summary Judgment Granted to Baby Powder Manufacturer on Claim of Negligent Misrepresentation

Goldberg Segalla on

Plaintiff Andrew Curtin sued Johnson & Johnson and Pecos River Talc in federal court in Maine, alleging his late wife Cynthia Cartwright died from mesothelioma caused by her longtime use of J&J baby powder. The defendants...more

Faegre Drinker Biddle & Reath LLP

Instruction Malfunction: Pennsylvania Superior Court Vacates $1B Verdict Due to Faulty Jury Instructions

Preserving objections to jury instructions can be the difference between paying a significant judgment or making a plaintiff prove their case again at trial. In October 2023, a Philadelphia jury handed down a mammoth...more

Hogan Lovells

PRODUCT | Product liability and product safety and the interface with class actions / collective redress: Private enforcement on...

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The new Product Liability Directive (EU 2024/2853 – PLD 2024) marks a profound shift in the European liability landscape, strengthening a system based on the liability without fault on the part of economic operators,...more

K&L Gates LLP

AI Product Liability: The Next Wave of Litigation

K&L Gates LLP on

Artificial intelligence (AI) litigation is beginning to consolidate around a familiar body of doctrine: product liability. Early cases are testing whether consumer-facing AI applications are treated as products (not services)...more

Fishman Haygood LLP

U.S. Supreme Court Affirms Fifth Circuit in Palmquist, Reinforcing Limits on Jurisdiction Where “Fraudulent Joinder” is Claimed

Fishman Haygood LLP on

A recent decision by the Supreme Court of the United States affirms the United States Court of Appeals for the Fifth Circuit in Palmquist v. Hain Celestial Group, confirming that plaintiffs sufficiently pleaded claims against...more

Husch Blackwell LLP

How AI Is Revolutionizing Product Safety: Essential Insights for Navigating Risks, Recalls, and Regulations

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Artificial intelligence is no longer just a buzzword in product safety. AI is actively reshaping the way companies identify hazards, manage recalls, communicate warnings, and address the unique risks of lithium-ion batteries....more

Searcy Denney Scarola Barnhart & Shipley

What Damages Can I Recover in a Defective Drug Case?

Defective drugs can have life-altering effects. In far too many cases, patients suffer serious complications that negatively impact their health for weeks, months or years—and in some cases the rest of their lives. ...more

Goldberg Segalla

California Jury Awards Over $33 Million to Mesothelioma Claimant Against Hollywood Lighting Equipment Manufacturer

Goldberg Segalla on

George Stephenson v. PK&P Investment Co. f/k/a Mole-Richardson Co., Ltd., et al. - Plaintiff George Stephenson brought an asbestos personal-injury action against the company formerly known as Mole-Richardson Co., alleging...more

Searcy Denney Scarola Barnhart & Shipley

How Do I Join an Ongoing Mass Tort Case?

Mass tort cases provide a way for multiple people who have suffered similar injuries to hold the same company accountable. These could be physical injuries, like trauma caused by defective medical implants and other defective...more

Hogan Lovells

New rules, new players: Who’s next in the EU’s product‑liability shake‑up? EU Product Liability Directive

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Directive (EU) 2024/2853 (EU PLD) represents an important change in EU product liability, modernising the framework to reflect increasingly complex, tech‑driven products and global supply chains. Consumer protection is...more

Morris James LLP

FDA Class I Recall of FreeStyle Libre 3 Sensors: Practical Steps and Legal Considerations

Morris James LLP on

Key Takeaways - The FDA has identified a Class I recall (its most serious type) involving certain FreeStyle Libre 3 and FreeStyle Libre 3 Plus sensors....more

McGuireWoods LLP

Can Social Media or AI Be a Defective Product? - Product Liability & Mass Tort Monitor: March 2026

McGuireWoods LLP on

March 18, 2026 The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort...more

Troutman Pepper Locke

North Carolina Court Affirms Sealed Container Defense in Vape Battery Malfunction Case

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The North Carolina Court of Appeals recently issued a decision strengthening the “sealed container” defense available to non‑manufacturing sellers in products liability cases. In Weaver v. AMV Holdings LLC, the court found in...more

A&O Shearman

Germany: Update On Product Liability Law

A&O Shearman on

On Wednesday, March 4, 2026, the German Bundestag held its first reading of the Draft Act on the Modernisation of Product Liability Law (BT-Drs. 21/4297). The draft legislation serves to transpose the EU Product Liability...more

Maison Law

Wrongful Death in California Accidents: Do You Have a Claim?

Maison Law on

Losing a loved one to the negligence of another person is devastating, but insult is added to injury when you begin to receive expensive bills for medical expenses, the funeral and the burial. This is only the beginning...more

Searcy Denney Scarola Barnhart & Shipley

How Do You File a Claim for a Tire Blowout in Florida?

Tire blowouts can cause serious accidents. If you have been seriously injured in a car accident involving a tire blowout, you may be entitled to financial compensation for your medical bills, pain and suffering, and other...more

Jones Day

Germany: Three Forces Converge to Raise ESG Litigation Stakes

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Germany's litigation landscape is being reshaped by the convergence of tighter criminal enforcement, scalable collective redress, and intensified regulatory action – with imminent EU implementation deadlines bringing the risk...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Standing on Shaky Ground: A Difference of Opinion on What is “Fairly Traceable” in Cases Involving Third-Party Criminal Conduct

Standing seems like a straightforward concept—the plaintiff must suffer an injury in fact fairly traceable to the defendant’s challenged conduct for which the court can provide redress. See Lujan v. Defs. of Wildlife, 504...more

Gordon Rees Scully Mansukhani

Ultra Processed Food (UPF) Litigation Lands in Mississippi

Ultra-processed food (UPF) litigation has officially arrived in Mississippi. Earlier this month, a 174-page complaint was filed in the Southern District of Mississippi alleging that a number of major consumer defendants...more

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