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Product Defects Class Action Liability

Bennett Jones LLP

Court of Appeal Certifies Negligence Claim Against Gun Manufacturer for Mass Shooting

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The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge’s decision...more

McGuireWoods LLP

Product Liability & Mass Tort Monitor: June 2025

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The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort litigation....more

Morrison & Foerster LLP

Software Gains New Status as a Product Under Strict Liability Law

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant...more

Bennett Jones LLP

A Product Cannot Damage Itself: Ontario Court of Appeal Sets Aside Certification of Motor Vehicle Engine Class Action

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Damage to a product resulting from a defect within the product constitutes presumptively unrecoverable pure economic loss. That is the conclusion of the Ontario Court of Appeal in North v. Bayerische Motoren Werke AG, 2025...more

Searcy Denney Scarola Barnhart & Shipley

FDA Recalls: How to Stay Informed About Unsafe Products

Unsafe product recalls are alarmingly common. While all companies have a legal obligation to ensure that their products are safe for use or consumption, companies fail to meet this obligation far too often. In many cases,...more

Morris James LLP

Depo-Provera Litigation Update: What Comes Next in the Legal Process?

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The recent decision by the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate Depo-Provera lawsuits into MDL No. 3140 in the Northern District of Florida marks a critical step forward for individuals who...more

Morrison & Foerster LLP

FDA Issues Action Levels for Lead in Baby Food

On January 6, 2024, the U.S. Food and Drug Administration (FDA) issued its final guidance establishing action levels for lead in processed food intended for babies and young children. This is the first FDA guidance directly...more

Bennett Jones LLP

Developments in General Causation Methodologies for Class Certification

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In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

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