United States

Recent developments in US product liability

There have been a number of significant product liability cases in the US in recent months. Thomas E Riley from our New York office has prepared an article which was first published in the annual survey issue (51-2) of the Tort … Continue reading

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Filed under Product recall, Product safety, United States

Amended US Federal Rules of Civil Procedure narrow availability of civil discovery and sanctions

Important changes to the US Federal Rules of Civil Procedure (FRCP), which govern the conduct of civil proceedings (including product liability cases) in US federal district court, will take effect on 1 December 2015 (absent US Congressional action, which appears unlikely). … Continue reading

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Filed under Class actions, Collective actions, Uncategorized, United States

FDA Empowers Plaintiffs’ Bar with Trans-Fat Ban

Following almost two years of deliberation, and notwithstanding a nearly 80 percent drop in the consumption of trans fats over the past decade (due in part to industry’s movement away from the use of partially hydrogenated oils), the FDA has … Continue reading

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Filed under Class actions, Food & Beverages, United States

Lawyers, Partially Hydrogenated Oils, and Money

Lawyers for class-action plaintiffs in the US often “piggyback” on the work of government regulators and prosecutors — swooping in to file class actions against the recipients of FDA warning letters or the targets of government enforcement proceedings. In some … Continue reading

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Filed under Class actions, Food & Beverages, United States

US Supreme Court weighing proposals to curtail scope, burden and uncertainty of discovery in US Federal Court

Joe Falcone has published an article in Financier Worldwide addressing proposed amendments to the US Federal Rules of Civil Procedure, which rules govern civil cases (including product liability cases) in US federal court. If adopted, these amendments should narrow significantly … Continue reading

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Filed under Class actions, Collective actions, United States

Product Safety and Recall in the U.S. and EU

Joe Falcone and Howard Watson have published an article in Product Liability Law & Strategy addressing the varying approaches taken by the EU and the US to ensure the safety of products placed on the market in those jurisdictions, specifically … Continue reading

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Filed under Europe, Product recall, Product safety, United States

EPA Targets Nanotechnology: Hi-Ho, Nanosilver, Away?

The U.S. Environmental Protection Agency has taken an aggressive approach to regulation of nanoscale silver under the Federal Fungicide, Insecticide, and Rodenticide Act (FIFRA). In this article attorneys David L. Wallace and Justin A. Schenck summarize historical and recent regulations … Continue reading

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Filed under Nanotechnology, United States

US Federal Appeals Court dismisses suit against European arms manufacturer for lack of personal jurisdiction

Relying on recent precedent from the United States Supreme Court, a US federal appeals court dismissed a wrongful death claim against a Romanian weapons manufacturer for lack of personal jurisdiction. See Williams v. Romarm, SA, No. 13-7022 (D.C. Circuit July … Continue reading

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FDA proposes revised guidance for distribution of scientific/medical publications addressing “off-label” uses—and faces free speech concerns

The US Food and Drug Administration (FDA) has issued a revised draft guidance setting forth FDA’s views on the dissemination of certain information regarding “off-label” uses of drugs or medical devices.  While the FDA has sought to clarify its position … Continue reading

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Filed under Pharmaceuticals and Healthcare, Product safety, United States

Chinese Parent Subjected to US Jurisdiction Through Subsidiary’s Acts

In Re: Chinese-Manufactured Drywall Products Liability Litigation (CA5 May 20, 2014)   The corporate form is commonly used by entities and individuals alike to limit liability by, among other things, avoiding the jurisdictional reach of certain court systems. This is … Continue reading

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