California appellate courts have recently provided much needed clarity for defendants wishing to preserve the ability to attribute fault to a potentially culpable co-defendant seeking summary judgment. We previously addressed this issue in a 2021 blog post, highlighting the uncertainty
Faeger Drinker on Products
Faeger Drinker on Products, published by Faegre Drinker Biddle & Reath, focuses on legal issues related to product liability and regulatory compliance for manufacturers. The blog covers topics such as FDA preemption in medical device litigation, jurisdictional challenges in toxic tort cases, legislative updates on tort reform, interpretations of statutes of repose in product claims, and evidentiary standards for expert testimony in product liability trials. It addresses the intersection of product manufacturing, litigation risks, and regulatory frameworks, providing insights relevant to companies facing complex legal challenges involving product safety and liability.
Blog Authors
Latest from Faeger Drinker on Products
Third Circuit Confirms Correlation Still Does Not Prove Causation
A recent Third Circuit decision is a useful and quotable reminder that temporal correlation is not enough to prove causation. Causation is an indispensable element of any product liability action. It is the same in pharmaceutical third-party payor (TPP) class…
California Supreme Court Rejects Duty to Innovate
On August 3, 2026, the California Supreme Court issued its decision in the closely watched Gilead Tenofovir Cases, No. S283862, — Cal.5th —, 2026 WL 2223748 (Cal. Aug. 3, 2026), rejecting the so-called “duty to innovate.” The court held, in…
Paraquat MDL Lone Pine Order Creates New Hurdles for Nonsettling Plaintiffs
The multidistrict litigation (MDL) concerning paraquat-based herbicides — In re: Paraquat Products Liability Litigation, MDL No. 3004 (S.D. Ill.) — has become a focal point in mass torts. Thousands of plaintiffs allege that exposure to paraquat caused them to develop…
New York’s Beauty Justice Act: Sweeping Changes Proposed for Cosmetics and Personal Care Products
New York lawmakers are advancing the Beauty Justice Act, one of the most comprehensive state-level efforts in the country to regulate cosmetics and personal care products. For in-house counsel at cosmetics and personal care companies, the bill is worth tracking…
What’s the Catch? Interpreting the “Catch-All” Provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
The Supreme Court of Pennsylvania recently ruled that a product vendor’s silence is not deceptive when the vendor has no duty to speak. The “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) prohibits vendors of goods…
Transposing the EU’s New Product Liability Directive: A Member State Progress Report
Even in the areas where the Product Liability Directive aims for full harmonisation, the EU member states’ early legislative activity reveals notable differences in implementation. Companies should continue to monitor national transposition closely and begin preparing for the new regime.…
Treat Your AI Like an Opposing Expert: Rule 702 Lessons for Evaluating AI Output
Attorneys using generative AI can borrow a familiar litigation skill: Evaluate AI-generated output the way they would evaluate an opposing expert witness opinion under Federal Rule of Evidence 702. An expert witness cannot simply “waltz into the courtroom and render…
In Case You Missed It: Faegre Drinker on Products — Winter 2026
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…
Interplay Between Statutes of Repose and Statutes of Limitations in Latent Disease Exposure Claims
By H. Max Kelln
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,…