News & Analysis as of

Negligence Consumer Protection Laws

Morris James LLP

What Is the Ultra Processed Foods Lawsuit?

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Ultra processed foods are a daily part of life for many families — sold in brightly colored packages, advertised as convenient, and often presented as wholesome choices for children. But mounting evidence shows these products...more

Benesch

The Intersection of Social Media, AI, and Product Liability

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State governments, public school districts, and individuals are suing social media companies, such as TikTok and Snapchat, alleging that defects in their algorithms and platform features cause psychological and physical harm,...more

JUSTICENTER

Product Liability: What It Means and How to Pursue a Claim 

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When we buy a product, we expect it to work properly and keep us safe. However, some products cause serious injuries because of poor design, production errors, or missing warnings. This is where product liability law comes...more

Searcy Denney Scarola Barnhart & Shipley

Trampoline Park Injury Attorneys

Nationwide Representation for Catastrophic Injuries at Sky Zone, Defy, and Similar Parks - Trampoline parks may appear to be family-friendly fun zones—but they are increasingly the site of serious and even life-threatening...more

Epstein Becker & Green

Distinguishing Deceptive Trade Practices From Negligent Care: Exploring the Boundaries Between Consumer Protection and Medical...

Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims...more

Kohrman Jackson & Krantz LLP

Senate Bill 38 Challenges Judicial Control Over Food Injury Claims

In response to a controversial Ohio Supreme Court ruling, State Senator Bill DeMora (D-Columbus) has introduced Senate Bill 38, which aims to put juries – as opposed to judges – in charge of determining liability when a...more

Husch Blackwell LLP

Artificial Intelligence: The ‘Black Box’ of Product Liability

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“With great power comes great responsibility,” and in the rapidly evolving landscape of Artificial Intelligence (“AI”), the intersection of innovation and legal responsibility is becoming increasingly complex. As AI becomes...more

Chartwell Law

Georgia Tort Reform: Major Legislative Changes on the Horizon

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The Georgia General Assembly convened on January 13, 2025, marking the start of what is expected to be a pivotal year for tort reform in the state. With Governor Brian Kemp and legislative leaders making legal system reforms...more

Orrick, Herrington & Sutcliffe LLP

7th Circuit reverses decision in FDCPA case on negligence standard

On January 28, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded a lower court’s decision in a debt dispute under the FDCPA. The plaintiff alleged the defendant, a debt collector, violated the FDCPA by...more

Goldberg Segalla

PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

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The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)....more

King & Spalding

Northern District of California Dismisses “Varsity Blues” Class Action Due to Lack of Standing.

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On May 29, Judge Davila of the Northern District of California granted the defendants’ motion to dismiss two putative class actions filed against James Singer—the alleged perpetrator of the highly publicized “Varsity Blues”...more

Pillsbury Winthrop Shaw Pittman LLP

Consumer Class Actions in the Wake of COVID-19

One month into the declaration of a national emergency, the flood of coronavirus-related consumer class action litigation can be grouped into several distinct categories. Consumer class action suits to date have primarily...more

Bricker Graydon LLP

Court confirms that federal enactments regarding “never events” and “hospital acquired conditions” don’t alter elements that...

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Ohio’s well-established medical negligence law requires a claimant in a medical negligence action to prove three elements: (1) there was a breach of the applicable standard of care in the medical community; (2) the negligence...more

Fenwick & West LLP

Eighth Circuit Finds No Duty for Retailers to Safeguard Personal Data of Customers - Consumer Protection Violation Requires Actual...

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Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more

White and Williams LLP

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

In Bridgwood v. A.J. Wood Construction, Inc., 105 N.E.3d 224 (Mass. 2018), the Supreme Court of Massachusetts determined that the statute of repose barred the plaintiff’s consumer protection claims commenced more than six...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Pullman & Comley, LLC

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

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Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could produce an unintended breach, and, in some jurisdictions, breach of the duty to...more

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