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McGuireWoods LLP

Northern District of Indiana Excludes Battery Expert Opinions Based on Flawed Methods

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On Sept. 30, 2024, the U.S. District Court for the Northern District of Indiana released an opinion and order excluding the opinions of a proposed lithium-ion battery expert. The now dismissed case, American Home Assurance...more

Fox Rothschild LLP

Rhode Island Enacts Statutory Ban on Consumer Products and Firefighting Foams with Intentionally Added PFAS

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In late June 2024, Rhode Island joined the growing list of states that have enacted phased bans on the manufacture, sale, and distribution of various types of products containing PFAS. Rhode Island’s statute, entitled the...more

Beveridge & Diamond PC

Circular Economy: The European Commission Adopts New Ecodesign Requirements

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On November 5, President Donald Trump was elected President-elect for a second time. We anticipate that President Trump’s upcoming term will usher significant shifts in U.S. environmental and natural resource law and policy,...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera Lawsuits Filed on Behalf of Women With Meningioma Brain Tumors

Women injected with the Depo-Provera birth control shot are more than five-times more likely to be diagnosed with a type of brain tumors known as meningioma, according to a recent study....more

Morrison & Foerster LLP

The Future of Section 230: Protection Against Product Liability Claims?

Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if...more

Foley & Lardner LLP

What Cosmetic Companies Need to Know About the CPSC

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Cosmetics, including skin moisturizers, makeup, nail polish, shampoos, hair color, and deodorants, are predominantly regulated by the Food and Drug Administration (FDA). For those in the cosmetics industry, the Consumer...more

Perkins Coie

Q3 2024: Food & CPG Legal Trends

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We are pleased to share our Q3 Food & Consumer Packaged Goods (CPG) Legal Trends report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space. In Q4 of...more

Kilpatrick

E.D.N.Y. deals blow to plaintiffs’ claims – including mislabeling, false advertising and RICO claims – in multidistrict litigation...

Kilpatrick on

Takeaway: When it comes to mislabeling and related claims, and especially when human safety is not implicated, express preemption under the federal Food, Drug and Cosmetic Act (FDCA) remains a powerful tool in the hands of...more

Wilson Sonsini Goodrich & Rosati

New EU Cybersecurity Obligations for Connected Devices: What You Need to Know

On October 10, 2024, the European Union officially adopted the Cyber Resilience Act (CRA), which introduces cybersecurity obligations for internet-connected hardware and software products offered in the EU (such as...more

Foley Hoag LLP

Product Liability Update - October

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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

Husch Blackwell LLP

Americans’ Growing Appetite for Risk and Shrinking Responsiveness to Potential Product Issues

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Over one-third of Americans (36%) now report that they would continue to use products even after a recall, according to recent data collected by MasterControl, a provider of quality management and manufacturing software. The...more

Oberheiden P.C.

Understanding Plaintiffs’ Claims in the Exactech Multidistrict Litigation (MDL)

Oberheiden P.C. on

The recently revised pre-trial schedule in the multidistrict litigation (MDL) against Exactech gives new plaintiffs more time to join the litigation before it heads to trial next year. That is, of course, assuming that the...more

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court - October 2024

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The Supreme Court of California is gearing up to decide an important question for the future of product liability law: Do drug manufacturers have a duty to innovate? In other words, does a manufacturer of a non-defective drug...more

Benesch

Trailer Manufacturing, Leasing, Interchange Liability

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The trucking industry recently received 450 million reasons to pay closer attention to best practices for trailer safety and the business relationships involving trailer use. On September 5, 2024, plaintiffs suing trailer...more

Morris James LLP

Depo-Provera Lawsuits FAQs

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What is Depo-Provera? Depo-Provera is an injectable form of birth control manufactured by Pfizer that contains a synthetic hormone, medroxyprogesterone acetate, which prevents pregnancy by stopping ovulation, thickening...more

Bennett Jones LLP

Amended Recall Requirements for Medical Devices and Pharmaceutical Products in Canada

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Health Canada is making changes (via legislative amendments) to the manner in which medical devices and pharmaceutical products are recalled under the Medical Device Regulations, SOR/98-282 (MDR) and the Food and Drug...more

White and Williams LLP

Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

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Products liability is an area of law that both sides of the aisle vigorously litigate. Like in most litigation, products liability claims provide subrogation attorneys with an important means of prosecuting cases against...more

Hogan Lovells

Legislation introduced to strengthen UK post-market surveillance requirements for medical devices

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A draft Statutory Instrument was laid before UK Parliament on 22 October 2024 which, once passed, will introduce new post-market surveillance (PMS) requirements for medical devices and in vitro medical devices (IVDs) in the...more

Husch Blackwell LLP

FDA Issues Stern Reminder for Retailers on Recalls

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Since the fall 2023, the United States has been facing a massive recall of apple cinnamon fruit purees (like apple sauce) due to the presence of elevated levels of lead which caused the product to be considered adulterated...more

Faegre Drinker Biddle & Reath LLP

European Union Adopts the New Product Liability Directive

We previously reported on the new EU Product Liability Directive (PLD) that will significantly overhaul the EU’s existing product liability directive to conform with the digital era and modern economy. The changes to the EU’s...more

Goldberg Segalla

Connecticut Court Determines it Lacks Personal Jurisdiction Over Talcum Powder Defendant

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Court:  Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport - Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum...more

Husch Blackwell LLP

Circuit Split: 3rd vs 9th & 11th Circuits on FIFRA Duty to Warn Claims

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The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide,...more

Pillsbury - Policyholder Pulse blog

Level Unlocked: Insurance Recovery Options for Video Game Manufacturers Facing Video Game Addiction Lawsuits

In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,...more

Jones Day

EU Enacts Broad Cybersecurity Requirements for Hardware and Software Products

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On October 10, 2024, the EU Cyber Resilience Act ("CRA") was adopted by the Council of the European Union....more

Goldberg Segalla

Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

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Court: Supreme Court of the State of New York, County of New York (NYCAL) - A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL)....more

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