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Latest from Product Liability & Mass Torts Blog

Product Liability & Mass Torts Blog

California Appellate Court Vacates $15 Million Punitive Damages Award

By Elizabeth Runyan Geise & Alec Kraus

May 11, 2021

Punitive damages can often multiply a defendant’s potential exposure in litigation. A recent California appellate court decision, however, may make it easier for defendants to obtain summary judgment for punitive damages claims before a jury may consider a possible award. In Morgan v. J-M Manufacturing Company, Inc.,[1] the court vacated a $15 million punitive damages award because there was insufficient evidence to support the award. In fact, the court emphasized that there was no…

Product Liability & Mass Torts Blog

Companies Defending Personal Injury or Wrongful Death Suits in Illinois Will Face Prejudgment Interest If New Bill Becomes Law

By James Cromley & Rachel A. Remke

March 16, 2021

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

A new bill sitting on Illinois Governor J.B. Pritzker’s desk could change the calculus for defendants in personal injury and wrongful death lawsuits by entitling plaintiffs to prejudgment interest both in future lawsuits and in lawsuits that have already been filed. The bill could make plaintiffs’ verdicts more costly for defendants while also inflating settlement amounts. HB3360 passed both houses on January 13 and went to the governor on February 4 for signature. If the…

Product Liability & Mass Torts Blog

How COVID Has Changed False Advertising Rules

By Katia Asche & Jill Berry

March 9, 2021

In light of the COVID-19 pandemic, manufacturers of cleaning products may want to examine what their marketing says (or doesn’t say) about their products’ ability to disinfect. What manufacturers should note: Plaintiffs’ lawyers are filing an increasing number of false advertising claims alleging that cleaning and sanitizing products do not do what they purport to do. While plaintiffs must still satisfy the existing legal standards for false advertising claims, these claims may lead some manufacturers…

Product Liability & Mass Torts Blog

Consumer Product Manufacturers: Is Your Regulatory Slate Clean?

By Jonathan Judge

February 23, 2021

Law and Justice concept. Mallet of the judge, books, scales of justice.

Every two years, a little-noticed provision of the Consumer Product Safety Act (CPSA) reshapes the regulatory reporting landscape for manufacturers and importers of consumer products in the United States.…

Product Liability & Mass Torts Blog

How Companies Can Approach Wider Availability of COVID-19 Vaccines in the Coming Months

By Brett F. Clements & Jeffrey D. Skinner

February 9, 2021

After a very difficult 2020, rapid vaccine development has sparked optimism among the public and in the business community. But as we wrote last week, there’s a long road ahead while infections remain high. Today we look at considerations for a new transition period – vaccines becoming more widely available, but before the country achieves herd immunity.…

Product Liability & Mass Torts Blog

Business Considerations in Light of Increases in COVID-19 Cases

By Brett F. Clements & Jeffrey D. Skinner

February 1, 2021

As COVID-19 cases have spiked across the country, many businesses have adjusted certain operations with an eye on customer and employee safety, as well as to ensure compliance with recent changes to government orders. Some businesses have faced challenges that they have not seen since last spring. Over the summer, we explained some ways companies could prepare for a potential winter resurgence of the virus. Today we consider how companies may wish to proceed as…

Product Liability & Mass Torts Blog

Vehicle Manufacturers Face Cybersecurity Challenges

By Mariam Chamilova & Jill Berry

January 19, 2021

Over the last several decades, there have been significant advancements in automotive technology. Today’s vehicles are equipped with more and more sophisticated computer systems than ever before. But as our reliance on technology continues to grow, so does the potential for cybersecurity attacks and resulting litigation. That’s why it’s becoming increasingly important for car manufacturers to pay close attention to the legal landscape.…

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…

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

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.…

Product Liability & Mass Torts Blog

News | Insight | Analysis

Blog Authors

California Appellate Court Vacates $15 Million Punitive Damages Award

Companies Defending Personal Injury or Wrongful Death Suits in Illinois Will Face Prejudgment Interest If New Bill Becomes Law

How COVID Has Changed False Advertising Rules

Consumer Product Manufacturers: Is Your Regulatory Slate Clean?

How Companies Can Approach Wider Availability of COVID-19 Vaccines in the Coming Months

Business Considerations in Light of Increases in COVID-19 Cases

Vehicle Manufacturers Face Cybersecurity Challenges

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

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

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

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