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Retailers Product Defects

Mayer Brown

Heavy Metals in Rice Class Action Raises Increasing Risks for Retailers and Distributors

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A recently filed class action lawsuit in the US District Court for the Western District of Washington underscores growing legal risks for retailers and distributors of rice products in the United States. Plaintiffs in Wright...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

Seward & Kissel LLP

Exacting Revenge, Best and Final, and Out At Home?

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Implant maker Exactech may conclude bankruptcy without TPG settlement | Reuters - Medical implant maker Exactech adjourned its Chapter 11 plan confirmation hearing on Wednesday, delaying proceedings that would have...more

Husch Blackwell LLP

Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

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The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In...more

Marshall Dennehey

Pennsylvania Court Dismisses Several Defendants from Product Liability Action Where Plaintiff Pled “More Likely Than Not” the...

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Jamie McKnight v. Amazon.com, Inc., et al., No. 23-1449, 2024 WL 2156223 (E.D. Pa. May 14, 2024) - The plaintiff alleged he suffered injuries to his scalp from the application of a defective mole removal cream....more

Morrison & Foerster LLP - Class Dismissed

CPSC Releases Annual Report On Deaths And Injuries Involving Nursery Products

During September 2024’s “Baby Safety Month,” the Consumer Product Safety Commission (CPSC) published its annual report detailing injuries and deaths associated with nursery products among children under the age of five. CPSC...more

Morrison & Foerster LLP - Class Dismissed

CPSC Commissioners Abstain From Retracting Infant Sleep Product Statements

In a disappointing, yet somewhat unsurprising, turn of events, the Consumer Product Safety Commission (CPSC) has refused to retract Commissioner Richard Trumka’s unilateral statements earlier this year encouraging retailers...more

Morrison & Foerster LLP - Class Dismissed

CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer Of Smoke Detector

On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon...more

Foley Hoag LLP

Product Liability Update - July 2024

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Husch Blackwell LLP

The Specter of Nuclear Verdicts and Middle-Market Companies

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The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such...more

Woodruff Sawyer

Preparing for the Unexpected: A Product Recall

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The risk of a product recall has increased in recent years due to changing global regulatory standards. Contributing factors include geographically widespread supply chains and different manufacturing protocols among nations...more

Venable LLP

Product Safety and Recalls: An Excerpt from the Advertising Law Tool Kit

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Join us over the next few months as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk....more

Morgan Lewis

Proposed New York Law Seeks Stricter Electronic Marketplace Liability - Retail Did You Know?

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Bill S6437, a bill making its way through the New York State Senate, would purport to place electronic marketplace providers on the same footing as retailers for purposes of New York’s strict liability law. While the law...more

Searcy Denney Scarola Barnhart & Shipley

The Responsibility of Manufacturers and Retailers in Florida Product Liability Cases

It is normal and reasonable to believe that all of the products on sale at a store are safe. The overwhelming majority of companies take the necessary steps to ensure that this is so. There are instances, however, when a...more

Hogan Lovells

European Commission proposes new ground-breaking rules on product liability and AI civil liability

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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

Hogan Lovells

Proposal for General Product Safety Regulation (GPSR): Overview of important potential revisions

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Already in 2011, the EU Commission stated its intention to revise the Directive 2001/95/EC on general product safety ("GPSD") "to improve the safety of products circulating in the EU through better coherence and enforcement...more

Hogan Lovells

International Products Law Review

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New Sustainable Batteries Regulation: Reflections from our Global Products Law team Following the closure of the European Commission’s recent consultation period, the European Parliament and Council are set to consider a...more

Wilson Sonsini Goodrich & Rosati

Are Online Marketplaces Liable for Product Defects? California Says Yes

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

Searcy Denney Scarola Barnhart & Shipley

Can I Sue for a Faulty Product?

Although “faulty” doesn’t necessarily mean “defective” or “dangerous,” product liability law does indeed hold manufacturers and others liable for producing dangerous products that cause injury. Product liability claims in...more

Faegre Drinker Biddle & Reath LLP

Online Retailers Beware: Texas Supreme Court to Consider Whether Amazon Is a “Seller” - Faegre Drinker on Products

The Texas Supreme Court is set to determine whether Amazon can be considered a “seller,” and thus held liable, for a defective product sold through its website, in the case of McMillan v. Amazon.com, Inc., No. 20-20108, 2020...more

Brownstein Hyatt Farber Schreck

Presidential Election Portends Changes at the Nation’s Leading Product Safety Agency

With the results of Election Day in focus, the transition to a new administration will eventually change the face of the U.S. Consumer Product Safety Commission (CPSC) for years to come. Questions persist about the...more

Butler Weihmuller Katz Craig LLP

Amazon: Primed for Trouble?

Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties through Amazon’s website.  Amazon has for many years argued it is...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

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Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Searcy Denney Scarola Barnhart & Shipley

Injured Patients Want Consolidation of Zantac Lawsuits

Litigation Update - On January 30, 2020, class action, consumer protection and pharmaceutical lawyers from around the country will be in federal court in Tampa, Florida to argue before a panel of federal judges whether...more

Alston & Bird

CPSC Recall Snapshot: Senate Commerce Committee Finds “Inappropriate Deference to Industry”

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Welcome to the December edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has come under scrutiny this year by some who feel it did not appropriately handle complaints about certain consumer products, prompting...more

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