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,
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.
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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…
In Case You Missed It: Faegre Drinker on Products — Fall 2025
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. Register to Do Business, Register to Be Sued? Illinois’ New Jurisdictional Trap for Toxic…
A Win for the Gig Economy: First Appellate Ruling on Florida’s TNC Statute Affirms Independent Contractor Protections
In 2017, the Florida Legislature sought to regulate “Transportation Network Companies,” (TNCs), like Uber and Lyft, by passing section 627.748, Florida Statutes (2017) (TNC Statute). As discussed in more detail below, the TNC Statute generally shelters TNCs from vicarious liability…
Significant Drug & Device Developments of 2025
As we welcome the new year, it is time to reflect on some of the most significant legal developments in the drug and device space in 2025. 1. Navigating a New Skepticism in Science Not long ago, the average American…
NY Federal Court Ruling Strengthens FDA Preemption for Class III Device Manufacturers
A recent preemption decision out of the Southern District of New York offers encouraging news for medical device manufacturers. In Wieder v. Advanced Bionics LLC, 2025 WL 3237257 (S.D.N.Y. Nov. 20, 2025), the magistrate judge has recommended that most of…
Register to Do Business, Register to Be Sued? Illinois’ New Jurisdictional Trap for Toxic Tort Litigants
For companies operating nationwide, rules governing where they can be sued are consequential — especially in high-exposure toxic tort litigation. Toxic tort cases often involve claims over exposure to substances like asbestos, lead paint, pesticides, pharmaceuticals or industrial pollution and…
In Case You Missed It: Faegre Drinker on Products — Summer 2025
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. Tort Reform Is Top of Mind in 2025: Legislative Updates in Georgia, South Carolina,…
Causation Conundrums: Implications of Georgia Supreme Court’s Interpretation of Statute of Repose in Long-Term Product Use Cases
When does the statute of repose clock start ticking on a product liability claim involving long-term repeat use of many individually purchased units of a product? According to the Georgia Supreme Court’s decision in Burroughs v. Strength of Nature Global,…
Close, But Not Quite: Eastern District of North Carolina Excludes Experts Whose General Expertise Does Not Enable Specific Opinions Offered
Even “[a] supremely qualified expert cannot waltz into the courtroom and render opinions” unless those opinions pass muster under Federal Rule of Evidence 702. Clark v. Takata Corp., 192 F.3d 750, 759 n.5 (7th Cir. 1999). As a recent case…