Catch up on the latest developments of interest for product manufacturers. Here’s a quarterly compilation of the most popular blog posts on Faegre Drinker on Products. Instruction Malfunction: Pennsylvania Superior Court Vacates $1B Verdict Due to Faulty Jury Instructions By
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Interplay Between Statutes of Repose and Statutes of Limitations in Latent Disease Exposure Claims
As toxic tort claims alleging chronic illness from alleged chemical exposure continue to rise nationwide, the recent Kansas federal court decision in Jefferies v. Harcros Chemicals Inc., 2026 WL 958172, (April 9, 2026), highlights the power of statutes of repose,…
Thinking ESOPs: Department of Labor Identifies New Enforcement Priorities
Advertising Alert: NAD Scrutinizes Dietary Supplement Dosage Claims
The dietary supplement industry sometimes relies on eye-catching numbers to signal potency and value. But as the National Advertising Division’s (NAD) recent decision in Case No. 7522, Reus Research LLC v. Iron Rock Ventures LLC, makes clear, a big number…
New Pay Reporting Requirements for New York City Employers
When Domain Abuse Can’t Wait: Using WIPO’s Expedited UDRP Process
What Is the Uniform Domain Name Dispute Resolution Policy? The Uniform Domain Name Dispute Resolution Policy (UDRP) provides trademark owners with a streamlined mechanism to seek transfer or cancellation of domain names that infringe their rights. UDRP proceedings are commonly…
Australia’s Fair Work Commission Guidance for Use of Generative AI
On March 24, 2026, Australia’s Fair Work Commission (FWC or Commission) moved to formalize its stance on the use of artificial intelligence by publishing an exposure draft of its proposed Guidance Note: Use of Generative Artificial Intelligence in Commission Cases…
Instruction Malfunction: Pennsylvania Superior Court Vacates $1B Verdict Due to Faulty Jury Instructions
Preserving objections to jury instructions can be the difference between paying a significant judgment or making a plaintiff prove their case again at trial. In October 2023, a Philadelphia jury handed down a mammoth $980 million verdict for the plaintiff…
W.D. Texas Dismisses TCPA Claims at Pleading Stage for Failure to Adequately Allege Vicarious Liability
A federal court in Texas recently granted a motion to dismiss TCPA claims where the plaintiff failed to plausibly allege that unidentified third-party telemarketers were acting as agents of the defendant, a question that is more often tested at summary…
Ohio Federal Court Rules TCPA’s DNC Provision Doesn’t Permit Text Message Lawsuits
A federal judge in the Northern District of Ohio recently held that text messages are not subject to the TCPA’s Do-Not-Call provision because they are not “calls” within the meaning of the statute. Stockdale v. Skymount Prop. Grp., LLC, et…
