Developments in New York products liability law

In this article, we present a summary of significant products liability cases from October 1, 2015, to September 30, 2016. Our article covers a range of developments concerning failure to warn claims, the exercise of personal jurisdiction, federal preemption, expert testimony as to causation, the learned intermediary doctrine, and class actions. Read more

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 Trial & Insurance Practice Law Journal. Read more

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). While various amendments are slated, the most significant amendments will limit the scope of civil … Read more

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 made “a final determination that there is no longer a consensus among qualified experts that … Read more

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 ways, they are to the administrative state what the pilot fish is to sharks. Not … Read more

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 the historically broad scope of discovery in federal court and reduce the spectre of court-imposed … Read more

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 with respect to supply chain and recall requirements as well as penalties for non-compliance. Read more

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 governing nanoscale silver and provide recommendations for companies involved in selling products containing nanoscale silver. … Read more