Dechert Re:Torts - March 2025

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  • Federal Court Dismisses Products Liability Challenge to Social Media Platforms’ Content Moderation Tools
  • Maine Joins Other States in Refusing to Extend Public Nuisance Law to Product Liability Claims
  • Court Holds that Deceased Expert’s Report is a Medical Record under Rule 703
  • Industry Groups Oppose EPA’s PFAS Rule in Legal Challenge
  • Medical Monitoring Class Action Based on Mere Exposure to Lead Fails for Lack of Standing

HOT TOPICS

Federal Court Dismisses Products Liability Challenge to Social Media Platforms’ Content Moderation Tools

A recent federal court decision dismissed a products liability challenge to social media platforms’ content reporting tools for failing to identify any product that actually caused harm. Read more

Maine Joins Other States in Refusing to Extend Public Nuisance Law to Product Liability Claims


Maine’s highest court recently dismissed a public nuisance claim against sellers of opioid medications, adding to a body of caselaw that refuses to extend public nuisance doctrines against companies involved in making, marketing, or selling pharmaceuticals. Read more

EXPERTS EXAMINED

Court Holds that Deceased Expert’s Report is a Medical Record under Rule 703

In Roubert v. Amazon, an Eastern District of Pennsylvania Court ruled that expert opinions from a deceased expert could be used by a new expert in forming their opinions, finding reports made in anticipation of litigation to be just as reliable a basis for expert testimony as pre-litigation medical records. Read more

ENVIRONMENTAL EDIT

Industry Groups Oppose EPA’s PFAS Rule in Legal Challenge

The EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA has sparked industry opposition due to concerns over the rule’s breadth and cost implications. Read more

JURISDICTIONAL JABBER

Medical Monitoring Class Action Based on Mere Exposure to Lead Fails for Lack of Standing

A Pennsylvania federal court recently dismissed a medical monitoring class action, holding that risk of future injury from occupational lead exposure is not an injury-in-fact sufficient to establish Article III standing. Read more

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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