It is not uncommon for a product liability plaintiff to base a claim for punitive damages on little more than the same allegations that undergird a strict liability or negligence claim, while adding that the defendant knew that…
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/ Civil Procedure, Products Liability
The American Tort Reform Foundation’s list of “Judicial Hellholes” often are all-too-familiar jurisdictions for product liability defendants. Some states who are home to these infamous venues, often known for producing nuclear…
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/ Civil Procedure, Personal Injury, Products Liability
In product liability litigation, plaintiffs often treat a product recall as though it is conclusive proof that the product is defective or that its warnings are inadequate. Some plaintiffs even cite clearly inapplicable recalls…
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/ Civil Procedure, Consumer Protection, Products Liability
Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at…
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/ Civil Procedure, Environmental Law, Toxic Torts
The Food and Drug Administration (FDA) recently announced that it had identified “significant data integrity and study conduct concerns” with bioequivalence studies conducted by the India-based contract research organization…
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/ Administrative Law, Health
On April 30, 2025, the National Security Division (NSD) of the Department of Justice (DOJ) announced the declination of prosecution against the Universities Space Research Association (USRA), a federal government contractor, for…
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/ Business Organizations, Criminal Law, Government Contracting
The complex and evolving AI regulatory landscape for insurers is again on the move. The Colorado Division of Insurance (the Division) has commenced the formal rulemaking process to amend and expand the reach of current…
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/ Administrative Law, Insurance, Science, Computers, & Technology
Digital Assets: From Enforcement to Opportunity -
In March 2025, the Commodity Futures Trading Commission (CFTC) removed its advisory, Review of Risks Associated With Expansion of DCO Clearing of Digital Assets, with…
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/ Administrative Law, Environmental Law, Finance & Banking
The FTSA -
The FTSA (Fla. Stat. § 501.059), often referred to as Florida’s mini-TCPA, regulates how and when solicitors can call and text consumers. Most notably for present purposes, it prohibits telephonic solicitations…
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/ Communications & Media Law, Consumer Protection, Nonprofit Law
A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the defendant…
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/ Civil Procedure, Communications & Media Law, Consumer Protection
At a Glance -
Should the U.S. government declare that the environmental and/or sustainable commodities that have been generated under a state law regime are illegal, lenders and borrowers using state-generated carbon credits…
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/ Energy & Utilities, Environmental Law, Finance & Banking
On April 30, 2025, the U.S. Supreme Court decided Feliciano v. Department of Transportation, No. 23-861, holding that federally employed military reservists called to active duty during wartime or a national emergency are…
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/ Administrative Law, Labor & Employment Law, Military Law
On April 23, 2025, President Donald Trump signed an executive order called “Reforming Accreditation to Strengthen Higher Education” along with a fact sheet about the EO and six other EOs relating to education…
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/ Administrative Law, Civil Rights, Education Law
On April 28, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a long-anticipated suite of actions aimed at PFAS (per- and polyfluoroalkyl substances). Closely watched by stakeholders across industries,…
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/ Administrative Law, Environmental Law, Toxic Torts
This month’s briefing covers DOJ’s approach to implementing its final rule on what’s now called the Data Security Program. The Trump administration also published a final rule on Medicare Advantage (MA), choosing not to define…
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/ Health, Insurance, Science, Computers, & Technology
