Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls
Bar Exam Toolbox Podcast Episode 131: Listen and Learn -- Strict Products Liability
Subro Sense Podcast - Unpacking Product Claims Against Amazon
Straight Talks: Innovations in product liability for autonomous and connected vehicles
In June 2025, two former executives were each sentenced to more than three years in prison for conspiracy and failure to report hazardous products to the U.S. Consumer Product Safety Commission ("CPSC"), marking the first...more
As we previously reported, in November 2023, two corporate executives were convicted of conspiracy and failure to report defective dehumidifiers in violation of the Consumer Product Safety Act (CPSA). This groundbreaking...more
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
The EU Commission has adopted Directive (EU) 2024/2853, which implements a comprehensive overhaul of the 1985 Directive 85/374/EEC on defective product liability (“New PLD”). The new framework, which complements Regulation...more
Dramatic changes to EU product liability rules are expected to drive an increase in litigation....more
In November 2023, a jury convicted two corporate executives of conspiracy and failure to report information about defective residential dehumidifiers as required by the Consumer Product Safety Act (CPSA). The jury verdict is...more
The Council of the European Union ("Council") adopted its position on the European Commission's Proposal for a Directive on liability for defective products ("PLD Proposal") and suggested several changes to the initial draft...more
Les actions collectives en responsabilité du fabricant au Canada constituent un type de litige complexe et en constante évolution; la responsabilité du fabricant faisant l’objet d’un activisme accru de la part des...more
Product liability class actions in Canada are a complex, ever-evolving area of litigation that continue to see an increase in consumer activism and regulatory oversight. If you’re a manufacturer, distributor or seller, or...more
With the aim of bringing product liability rules into the digital age, the European Commission proposes new rules to address liability claims relating to products, in particular AI systems, as well as issues related to...more
In an important judgment for manufacturers, the UK Supreme Court (‘UKSC’) in Hastings v Finsbury Orthopaedics Ltd & Another endorsed statements of principle for determining whether a product is defective for the purposes of...more
For some time, we have been following the emerging case law on whether companies, such as Amazon, that create an online marketplace for other sellers, may be held liable when products supplied by those sellers cause injury....more
New York’s Appellate Division, First Department recently affirmed a Manhattan trial court’s dismissal of a lawsuit against e-commerce giant Amazon, where the plaintiff alleged personal injuries from an electronic bicycle his...more
On April 26, 2021, the California Court of Appeal issued its decision in Loomis v. Amazon.com LLC, which could have drastic consequences for operators of e-commerce sites being sued for strict liability for injuries incurred...more
As companies increasingly open and support online marketplaces for third parties to sell goods and products, the question has arisen as to what happens when one of those products is defective. Who is liable for any harm the...more
In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act...more
On August 13, 2020, in a case involving an Amazon customer injured by a defective battery purchased online, the California Court of Appeal overturned a trial court ruling that had determined Amazon was a mere provider of...more
The COVID-19 pandemic created an environment where many companies are fighting unprecedented constraints to assist their customers and keep their businesses alive. As they tackle new demands daily — on their businesses and...more
Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019. The circuit courts were busy with class actions in the third quarter. Appellate judges were able...more
The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more
An opinion from the District of Arizona on Friday, September 27, 2019, highlights the divide created by a pair of recent opinions from the 3rd and 6th Circuit Courts of Appeals. The two opinions, issued days apart, suggest...more
The Consumer Product Safety Act requires manufacturers, importers, and distributors of consumer products to report hazardous defects. Failure to comply can subject the individual officers and employees to criminal penalties. ...more
Earlier this month, the United States Court of Appeals for the Eleventh Circuit issued a decision that could make it easier for manufacturers to force consumers into arbitration via “shrinkwrap” agreements—packaged contracts...more
On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more
Welcome! The spring has sprung and we are here to round up the major class action opinions and settlements finalized during the first quarter of 2018. It was another active quarter with significant activity across all the...more