Extending Derivative Sovereign Immunity For Government Contractors
The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to...
View ArticleTalc-Related Matter Filings Predictably Increase, As New Bankruptcies Are Filed
Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those...
View ArticlePreterm Infant Formula Litigation: Key Takeaways from Recent Jury Verdicts
Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only...
View ArticleCongress Moves Forward on Lithium-Ion Battery Legislation
As the demand for clean energy and transportation grows, so does the need for rechargeable batteries. Lithium-ion batteries are widely used, from small toys to electric cars to large energy storage...
View ArticleScope and Enforceability of Arbitration Clauses in Florida
In October 2023, a New York medical doctor sat down for a fateful meal with her husband and her mother-in-law at a Florida restaurant owned by the adjacent theme park.[1] The doctor, who suffered from...
View ArticleMoCRA: Facility Listing and Cosmetic Registration with FDA Direct
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of...
View ArticleUnderstanding the Proposed Amendments to California Proposition 65 From a...
California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state....
View ArticleFederal Agency Implements First-Ever Product Safety Standards for Infant...
The U.S. Consumer Product Safety Commission (CPSC) announced a new rule on September 18, 2024, which will implement the first-ever federal safety standards for infant nursing pillows.[1] This rule...
View ArticleCircuit Split: 3rd vs 9th & 11th Circuits on FIFRA Duty to Warn Claims
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...
View ArticleAmericans’ Growing Appetite for Risk and Shrinking Responsiveness to...
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...
View ArticleTikTok Litigation: The Next Frontier of Mass Tort
The recent wave of lawsuits against TikTok by over a dozen states and the District of Columbia[1] marks a significant moment in the ongoing scrutiny of social media platforms and their impact on youth...
View Article2024 Judicial Hellholes and Associated Nuclear Verdicts
The American Tort Reform Foundation (ATR) has published its 2023-2024 Judicial Hellholes Executive Summary. This annual report highlights prominent jurisdictions across the United States known for...
View ArticleNJ Court Rules Clickwrap Arbitration Clause Enforceable
McGinty v. Zheng, No. A-1368-23, 2024 WL 4248446 (N.J. Super. Ct. App. Div. Sept. 20, 2024) On March 31, 2022, a lawyer and her husband sustained personal injuries after their rideshare driver ran a...
View ArticleAmerican Tort Reform’s 2025 Top 10 “Judicial Hellholes” for Defendants
Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst...
View Article$6 Billion Verdict Dodged: Formula Giants Cleared of Liability in Baby NEC Case
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...
View ArticleKids Online Safety Act: Impacts on Online Platforms in the Virtual Age
On June 21, 2023, U.S. Senator Jon Ossoff introduced the Kids Online Safety and Privacy Act (the “Act”) (Senate Bill 2073), which is legislation focused on online experiences of minors. Recently...
View ArticleConnecticut Court Awards Punitive Damages in Recent Asbestos Trial
The Estate of Nicholas Barone trial in Bridgeport Superior Court in Connecticut before Judge William Clark concluded with a $15 million plaintiff’s verdict on 5/16/2024. The jury also awarded punitive...
View ArticleCalifornia’s Proposition 65 Short-Form Warnings Now in Effect
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed amendments to Proposition 65 in October 2023 that significantly modify the information businesses are...
View ArticleWashington Court Finds No Take-Home Exposure in Asbestos Bench Trial
In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to...
View ArticleWhat Martin v. Goodrich Means for the Illinois’ Workers’ Compensation Landscape
On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational...
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