In November 2020, Montana joined Arizona, New Jersey, and South Dakota in legalizing recreational cannabis use. Montana voters approved a pair of ballot initiatives on November 3, the Marijuana Legalization Initiative (“Montana I-190”) and the Allow for a Legal Age for Marijuana Amendment (“Montana CI-118”), both of which needed to pass for recreational use to become legal for adults 21 and older.…

Energy & Environmental Law Adviser

EPA Releases Late-Term “Secret Science” Rule

By Matthew H. Griffin & J. Michael Showalter

January 11, 2021

Regulated industries pay close attention to how regulators use scientific data, because the stakes are high. While scientific knowledge may evolve rapidly, regulatory processes — and the business decisions that rely on them — tend to proceed more deliberately. As a result, the regulated community has long pushed the U.S. Environmental Protection Agency (EPA) to base its decisions only on scientific information that is present in the public domain and thus subject to greater scrutiny.…

Product Liability & Mass Torts Blog

Punctuating the Product-Safety Year: A Rush of CPSC Activity at the End of a Largely Inactive 2020

By Mike Gentine

December 22, 2020

Like virtually every other institution, the U.S. Consumer Product Safety Commission (CPSC) was profoundly shaped in 2020 by the COVID-19 pandemic. The challenges of a dispersed workforce and operational uncertainty limited the agency’s operations and forced redesign of processes, from virtual Commission meetings to banners on the agency’s website warning consumers that some companies may be unable to provide recall remedies.…

Product Liability & Mass Torts Blog

Schiff Recognized as “Go-To Thought Leader” on Product Liability Issues

By Malerie Ma Roddy

December 21, 2020

We are delighted to share that this blog has received a 2020 “Go-To Thought Leadership Award” by the National Law Review for providing relevant analysis, knowledge, and thorough coverage of product liability and Consumer Product Safety Commission (CPSC) enforcement issues.…

Product Liability & Mass Torts Blog

Regulation-by-Enforcement: CPSC Targets Adult Portable Bed Rail Industry Company-by-Company

By Mike Gentine & Jonathan Judge

December 3, 2020

red product recall rubber stamp print on white background vector illustration

Over the last few years, as the U.S. Consumer Product Safety Commission (CPSC) has moved slowly in its rulemaking efforts to address tip-overs of dressers. Without a final rule, the agency has sought to use other methods to address dresser incidents, specifically its authority to investigate potentially hazardous products and its ability to request – and even compel – recalls. The agency’s process has been straightforward: It has obtained samples of countless brands and models…

Energy & Environmental Law Adviser

Lame-Duck Rules Could Loosen Migratory Bird Restrictions

By Ryan C. Granholm

December 1, 2020

Last month, we wrote about “midnight” regulations issued by the Trump Administration and a process available for Congress to respond. Since then, the Trump Administration took an important step towards issuing one such regulation, regarding activities that “incidentally” harm protected migratory birds. If finalized, this rule would be the culmination of a years-long effort to loosen the Migratory Bird Treaty Act’s (MBTA) restrictions, which could aid energy and infrastructure developers and operators.…

Employment Law Landscape

Last Call: Illinois Employers Must Provide Sexual Harassment Training by Year End

By Michael P. Wissa & Derek Barella

November 30, 2020

Remember August 2019? Before COVID? Before masks? Before shutdowns, limited reopenings, resurgences, and renewed shutdowns? Before presidential election drama? Fifteen months seems like a lifetime ago. And for many of us, at least a few action items that were important at the time have since slipped to the back burner. That doesn’t make us bad people or even procrastinators; we’ve had a few emergent issues to address that have taken priority. But we’re now about…

Product Liability & Mass Torts Blog

Rare CPSC Penalty Referral to Department of Justice May Signal a More Aggressive Agency in the Biden Era

By Mike Gentine

November 20, 2020

The United States Whitehouse in Washington DC

In a rare move, the U.S. Consumer Product Safety Commission (CPSC) has asked the Department of Justice (DOJ) to pursue and potentially litigate a civil penalty matter. In an even rarer move, the CPSC has publicly disclosed the request. Acting Chairperson Bob Adler has released a statement announcing that the Commission has voted – on a bipartisan basis – to refer a case to the DOJ, and although his statement does not identify the targeted…

Energy & Environmental Law Adviser

Election 2020: Congressional Review Act Could Allow for Quick Regulatory Reversals

By Ryan C. Granholm & J. Michael Showalter

November 18, 2020

United States Presidential Election 2020

As specific policies, legislative priorities and cabinet nominations are revealed in the coming weeks, manufacturers and energy companies are beginning to consider what a Biden Administration will mean for their business. However, until the Georgia runoff elections are completed on January 5, 2021, the balance of power in the U.S. Senate will remain unclear. As a result, industry must also continue to plan for the possibility that a Democrat-controlled Congress could employ the Congressional Review…

Product Liability & Mass Torts Blog

Lewis Court Rejects the Use of the Collateral Source Rule to Establish Injury-in-Fact

By Katherine Peluso & Jeffrey D. Skinner

November 17, 2020

Wood Gavel Standing Front Of the Illinois State Flag Closeup 3d Render

In Illinois, the collateral source rule bars defendants from submitting evidence that plaintiffs received compensation for their injuries from a collateral source. For example, if a plaintiff is injured in a car accident due to someone else’s negligent actions, often the plaintiff’s insurance company will cover part of the plaintiff’s medical expenses even before the plaintiff files a lawsuit against the tortfeasor. In that example, the defense is prohibited from submitting evidence regarding that compensation.…

Schiff Hardin LLP

Schiff Hardin LLP Blogs

Blog Authors

Cannabis Legislation in Key States: Montana Voters Approve Legalizing Marijuana for Recreational Use

EPA Releases Late-Term “Secret Science” Rule

Punctuating the Product-Safety Year: A Rush of CPSC Activity at the End of a Largely Inactive 2020

Schiff Recognized as “Go-To Thought Leader” on Product Liability Issues

Regulation-by-Enforcement: CPSC Targets Adult Portable Bed Rail Industry Company-by-Company

Lame-Duck Rules Could Loosen Migratory Bird Restrictions

Last Call: Illinois Employers Must Provide Sexual Harassment Training by Year End

Rare CPSC Penalty Referral to Department of Justice May Signal a More Aggressive Agency in the Biden Era

Election 2020: Congressional Review Act Could Allow for Quick Regulatory Reversals

Lewis Court Rejects the Use of the Collateral Source Rule to Establish Injury-in-Fact

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