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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

Perkins Coie

Notable Ruling Roundup - December 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Robert Greer, et al. v. Strange Honey Farm, LLC, et al., No. 23-5589 (6th Cir. 2024): The U.S....more

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Applies FRE 702 to Class Certification Experts and Highlights Commonality and Predominance Issues for Products That...

Class certification decisions under Rule 23 of the Federal Rules of Civil Procedure mark a critical stage in any putative class action lawsuit. Rule 23(a) requires plaintiffs to prove, among other things, that “there are...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment in Asbestos Action Partly Granted

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Jurisdiction: Superior Court of Rhode Island, Providence - Plaintiffs alleged decedent Peter A. Lowe Sr. was exposed to asbestos while employed with his father’s company – Lowe Excavating and Construction – from approximately...more

Kilpatrick

California federal court declines to dismiss putative class action over recalled mislabeled products

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A California federal court denied a Japanese convenience store chain’s motion to dismiss and to strike classwide allegations of food mislabeling, finding the named plaintiff had standing to assert claims for injunctive relief...more

White and Williams LLP

Amazon Can (Still) Be Liable in Louisiana

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On November 25, 2024, in Pickard v. Amazon.com, Inc., No. 5:20-cv-01448, 2024 U.S. Dist. LEXIS 215377, the United States District Court for the Western District of Louisiana (District Court) ruled that Amazon.com, Inc....more

Fenwick & West LLP

The EU Updates its Products Liability Directive to Include AI

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On Dec. 8, the European Union (EU) updated its Product Liability Directive (PLD) to, inter alia, specifically address AI software. This directive must next be “transposed,” or written into law by each of the 27 member states....more

Smart & Biggar

Class actions relating to opioid use disorder continue across Canada

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There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects. While these proceedings are all currently in their early stages, decisions have...more

Goldberg Segalla

Union Carbide Prevails in Rare Rhode Island Asbestos Trial

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Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma. Plaintiff alleged exposure from laundering her husband’s clothes from approximately 1966 to the1990s. Mr....more

Mintz

Can a Consumer Plausibly Allege Your Product Labeling is False or Misleading Under California Law?

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California’s consumer protection laws prohibit false advertising, as well as advertising that is “‘either actually misleading or which has a capacity, likelihood, or tendency to deceive or confuse the public.’” These claims...more

Pillsbury - PFAS Observer

PFAS in Fire Protection Products Continues to Generate Litigation, Liability

Litigation risks associated with per and polyfluoroalkyl substances (PFAS) continue to grow, as demonstrated by settlements over the last year in the set of claims being adjudicated in a multidistrict litigation (MDL-2873) in...more

Hogan Lovells

Placing products on the market in Germany (EU): What you need to know about the new Product Liability Directive

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The updated Directive aims to modernize the existing liability regime, in particular in the light of past and future technological developments as well as the challenges faced by plaintiffs in proving a claim. According to...more

Goldberg Segalla

Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

Goldberg Segalla on

Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in...more

Akin Gump Strauss Hauer & Feld LLP

Three Questions with Sedgwick’s Jeremy Schutz

In this edition of Three Questions, health care & life sciences partner Nate Brown spoke with Jeremy Schutz, director of business development, recall & remediation at Sedgwick, to explore key strategies that pharmaceutical...more

White and Williams LLP

Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product

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In State Farm Fire & Cas. Co. v. Coway USA, Inc., No. 22-cv-3516, 2024 U.S. Dist. LEXIS 192849, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiff...more

Morrison & Foerster LLP

Supreme Court Declines to Hear Challenge to Structure of CPSC

On October 21, 2024, the Supreme Court declined to hear a challenge to the structure of the Consumer Product Safety Commission (CPSC). As we explained in a previous blog post, under CPSC’s current structure, the president of...more

Hogan Lovells

New Product Regulation and Metrology Bill

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Since being announced in the King’s Speech on 17 July 2024, the UK Government has now introduced the Product Regulation and Metrology Bill with the Bill receiving its first reading in the House of Lords on 4 September 2024....more

Morrison & Foerster LLP

CPSC Approves New Safety Standard for Nursing Pillows

On September 18, 2024, the Consumer Product Safety Commission (CPSC) unanimously approved a new mandatory standard for nursing pillows designed to address risks presented by suffocation, entrapment, and fall hazards...more

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