News & Analysis as of September 19, 2024

Statute of Limitations › Manufacturers

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Baltimore's Climate Change Lawsuit Dismissed

Jones Day on 8/2/2024

In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more

Leveraging the UCC for Sellers

Butler Snow LLP on 7/1/2024

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

A New Supreme Court Case Could Take a Toll on Copyright Trolls

Robinson+Cole Manufacturing Law Blog on 2/26/2024

We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a...more

EPA Publishes Comprehensive PFAS Reporting Rule Under TSCA

Holland & Knight LLP on 10/20/2023

The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more

Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

Husch Blackwell LLP on 9/14/2022

In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the...more

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking...

White and Williams LLP on 3/11/2022

In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product...more

Treating Physician’s Informed Consent Process and Decision-Making in Device Selection Lead to Partial Summary Judgment for Device...

Faegre Drinker Biddle & Reath LLP on 10/22/2021

A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more

Fourth Circuit Breathes New Life into Monopolization Suit

McDermott Will & Emery on 4/22/2021

The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration...more

Mississippi Legislates Herd Immunity from COVID-19 Exposure Claims

Bradley Arant Boult Cummings LLP on 7/17/2020

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

Divorce Tips: How to Avoid Getting Your New Channel Partners Sued

Foley & Lardner LLP on 12/16/2019

Leaving behind an underperforming dealer or distributor relationship for a new one can be exciting for manufacturers and suppliers. It’s always a good feeling to get a part of the business turned around and headed in the...more

Manufacturing a Summer (Employment) Potpourri

Robinson+Cole Manufacturing Law Blog on 8/26/2019

As predicted here, the Trump Administration launched a series of not-so-surprising raids to arrest undocumented workers. As of this writing, there has not been a noticeable increase in the prosecution of employers who employ...more

Cos. Must Prepare For Collective Consumer Suits In Germany

Morrison & Foerster LLP on 8/6/2018

German consumers will be able to sue manufacturers and service providers by way of representative action starting on this November — just in time to suspend the statute of limitations for consumer claims based on the exhaust...more

Collective Actions in Europe: Another Small Step in Germany

Morrison & Foerster LLP on 7/12/2018

German consumers will be able to sue manufacturers and service providers by way of representative action starting on 1 November 2018 – just in time to suspend the statute of limitations of consumer claims based on the exhaust...more

Minnesota Clarifies the “Machinery/Equipment” Exception to the Statute of Repose for Improvements to Real Property and Adopts Test...

White and Williams LLP on 7/10/2018

In a recent decision, Great Northern Ins. Co. v. Honeywell Int’l, Inc., 2018 Minn. LEXIS 236, the Supreme Court of Minnesota addressed two important legal questions: (1) did the “machinery and equipment” exception to...more

Healthcare Law Update: May 2018

Holland & Knight LLP on 5/30/2018

Enforcement - OIG Issues Advisory Opinion on Provision of Samples by a Device Distributor - On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a...more

AGG Food & Drug Newsletter - May 2018

Arnall Golden Gregory LLP on 5/25/2018

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

U.S. Dental Supply Company Penalized for Violating Iran Sanctions

Bass, Berry & Sims PLC on 1/10/2018

•Many medical products can be exported to Iran – so long as a license is obtained •Imposition of successor liability underscores importance of pre-transaction due diligence •OFAC enforcement, as in the past, continues...more

Rare Court Decision in CPSC-Backed Enforcement Action

Morrison & Foerster LLP - Class Dismissed on 12/12/2016

A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)-backed lawsuit. United States v....more

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

Buchalter on 9/28/2016

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

HHS Proposes Administrative Dispute Resolution Process for 340B-Related Claims

McDermott Will & Emery on 8/17/2016

On August 12, 2016, the US Department of Health and Human Services (HHS) Health Resources and Services Administration issued a notice of proposed rulemaking that establishes an administrative dispute resolution process for...more

Product Liability Update: January 2016

Foley Hoag LLP on 2/3/2016

Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff - In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S....more

OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations

Seyfarth Shaw LLP on 5/7/2015

In a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations...more

Disputes in the Manufacturing Supply Chain

Foley & Lardner LLP on 10/24/2014

Disputes in the automotive supply chain often involve questions concerning warranties, warranty disclaimers, limitations on remedies and limitations on damages. Understanding the basics of warranty law is critical to managing...more

Mississippi Legislature Passes Two Bills that Should Provide Greater Certainty to Businesses and Spur Economic Development

Bradley Arant Boult Cummings LLP on 4/5/2013

The Mississippi Legislature recently passed two bills that should provide greater certainty to businesses and spur economic development in the Magnolia State. House Bill 892, signed into law by Governor Phil Bryant on March...more

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Statute of Limitations › Manufacturers

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