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Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:
Fishman Haygood LLP

U.S. Third Circuit Rejects Claims of Preemption and Allows Fosamax Cases to Proceed

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In 2022, over 500 plaintiffs filed a case alleging that Merck Sharp & Dohme Corp., a drug manufacturing company, failed to provide adequate warnings that one of their drugs increased the risk of atypical femoral fractures....more

Goldberg Segalla

Court Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds

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Court: Supreme Court of New York, Appellate Division, First Department - The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL...more

Akin Gump Strauss Hauer & Feld LLP

PFAS Litigation: New Claims against Upstream Manufacturers

While the results of consumer products litigation surrounding PFAS have been uneven (see prior blog posts), a new type of claimant may be emerging based on a recent claim filed by a Georgia-based carpet manufacturer against...more

Searcy Denney Scarola Barnhart & Shipley

Protecting Yourself from Dangerous Products: Tips for Consumers

Dangerous products are far more common than they should be. Despite manufacturers’ and retailers’ obligations to avoid putting dangerous products on the market, numerous people suffer serious and fatal injuries caused by...more

Tyson & Mendes LLP

California Civil Procedure Code Section 998 – A Means to an End

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On April 4, 2019, Vadim Gorobets sued Jaguar Land Rover North America, LLC based on allegations the defendant had violated the Song-Beverly Consumer Warranty Act (California’s “lemon law”). On October 15, 2020, defendant...more

Searcy Denney Scarola Barnhart & Shipley

What to Look for in a Mass Tort Lawyer

If you have a claim against a drug company, automaker or other product manufacturer, asserting your legal rights may involve filing a mass tort claim. In this situation, you may not be the only one who is entitled to...more

Kelley Drye & Warren LLP

Advertising Lessons from the World of Pickleball

I’ll start by admitting that I don’t know anything about the game of pickleball. Using the word ​“basketball” as an example and working backwards by breaking the word ​“pickleball” into its component parts, I can make an...more

Bricker Graydon LLP

[Webinar] Fast Facts, Big Impacts: The Manufacturing Lightning Round - January 16th, 9:00 am - 11:45 am ET

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Join Bricker Graydon attorneys and distinguished experts as we cover a myriad of topics in a 2-hour, rapid-fire format webinar designed to provide you with valuable information that you can put to immediate use. See the...more

Husch Blackwell LLP

$6 Billion Verdict Dodged: Formula Giants Cleared of Liability in Baby NEC Case

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A jury in St. Louis, Missouri was recently asked to award over $6 billion in damages against baby formula manufacturers defendants in a lawsuit that alleged the defendants’ specialized infant formulas for premature babies...more

Carlton Fields

No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority

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Zabrina Mcintyre is a director and cybersecurity adviser at KPMG, where she leverages her diverse expertise in cybersecurity, risk management, and strategic project leadership. She brings a unique blend of creativity and...more

Morrison & Foerster LLP - Class Dismissed

Right-to-Repair Laws: The Trend Continues

Interest in the “right-to-repair” movement continues to grow, as a number of states propose new legislation in this realm for consumer electronics, with five states successfully enacting such laws. But these laws are not...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - December 2024

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

Latham & Watkins LLP

New EU Product Liability Directive Comes Into Force

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The Directive expands the scope of liability to digital products (including AI systems), fulfilment service providers, and online platforms, while reducing the burden of proof for claimants. On 9 December 2024, the new...more

Fishman Haygood LLP

U.S. Sixth Circuit Panel’s Rejection of GM’s Article III Standing and Predominance Challenges to Class Certification is Now Set...

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An August 2024 decision by a panel of the U.S. Sixth Circuit in Speerly v. General Motors, which underscores key developments in the law governing class certification, Article III standing, and the treatment of manifest...more

Goldberg Segalla

New York Court Denies in Part, Grants in Part Talc Defendant’s Motion for Summary Judgment

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In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the...more

Fox Rothschild LLP

Minnesota Seeks Comment on Rules Implementing Reporting Requirement for Products Containing Intentionally Added PFAS and...

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Following up on the rulemaking process presaged by Minnesota’s comprehensive statute (Amara’s Law) requiring phase outs of PFAS intentionally added to products, which we’ve previously discussed here and here, the Minnesota...more

Faegre Drinker Biddle & Reath LLP

Five Major Drug & Medical Device Developments of 2024

As we ring in the new year, it is time, once again, to reflect on some of the most significant legal developments for drug and device companies this year. Below is a brief recap and assessment of a few of the top developments...more

Kilpatrick

Sixth Circuit vacates certification of ten statewide classes against Nissan based on district court’s failure to ascertain common...

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Takeaway: The Sixth Circuit recently emphasized how demanding Rule 23’s commonality requirement can be. In In re Nissan North America, Inc. Litigation, --- F.4th ----, No. 23-5950, 2024 WL 4864339 (6th Cir. Nov. 22, 2024),...more

Arnall Golden Gregory LLP

I Don’t Want Your Photograph: Actually, FDA Might Want to Take Photographs During an Inspection

While the authors are not huge fans of the rock band Def Leppard, its 1983 “Photograph” hit came to mind recently, when we read a recent Warning Letter issued, in part, because of a company’s refusal to allow photographs...more

Foley & Lardner LLP

Ninth Circuit Precedent Limits Fraud-Based Label Claims

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It is well-settled that fraud-based claims asserted in federal court need to satisfy not only Federal Rule of Civil Procedure 12(b)(6)’s plausibility pleading standard but also the heightened pleading requirements of Federal...more

Hissey, Mulderig & Friend, PLLC

Women with Meningioma Brain Tumors from Depo-Provera May Qualify to File a Lawsuit

The Depo-Provera birth control shot has been linked to an increased risk of a type of brain tumors known as meningiomas. Women who received the Depo shot and were diagnosed with meningioma brain tumors may be eligible to...more

UB Greensfelder LLP

Is PFAS the Next Asbestos?

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PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of the PFAS phenomenon. ...more

Keller and Heckman LLP

November 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Hogan Lovells

Updated roadmap for UK medical device reforms published by the MHRA

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On 11 December 2024, the MHRA published a revised roadmap for the long-awaited reforms to the UK Medical Device Regulations 2002 (MDR Roadmap). The updated MDR Roadmap provides additional clarity for industry on the intended...more

Searcy Denney Scarola Barnhart & Shipley

Dangerous Drug Recalls: Protecting Yourself from Medication Risks

Each year, drug companies recall numerous drugs that they have marketed to patients and healthcare providers in the United States. These recalls come despite drug companies’ obligations to thoroughly test new drugs before...more

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