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Product Liability & Mass Torts Blog

Private Eyes: When is Company Information Shared with the CPSC Confidential?

By Mike Gentine & Jonathan Judge

December 3, 2019

Entities regulated by the U.S. Consumer Product Safety Commission (CPSC) should have greater confidence in sharing confidential business information with the agency following a U.S. Supreme Court decision earlier this year that addressed the U.S. Department of Agriculture’s duty to disclose information in response to a Freedom of Information Act (FOIA) request.…

Product Liability & Mass Torts Blog

District Court Decision on EPA Reporting Could Affect Asbestos Litigation

By J. Michael Showalter

November 21, 2019

Environmental non-governmental organizations (NGOs) are pursuing litigation against EPA to force companies that have never intentionally used asbestos in a product to file reports linking their products to asbestos. Manufacturing and chemical companies should keep an eye on Asbestos Disease Awareness Organization v. Wheeler – currently pending in California federal court – where the NGOs seek to dramatically increase companies’ obligations to disclose that their products contain asbestos – even where it is just present…

Product Liability & Mass Torts Blog

On the Road Again: Does Bristol-Myers Squibb Limit Courts’ Jurisdiction Over Claims by Out-of-State Class Members?

By Christopher A. Nelson & Aphrodite Kokolis

November 12, 2019

U.S. Supreme Court Building in Washington DC USA

It has been two years since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court (BMS). In BMS, the Court held that state courts lacked personal jurisdiction over out-of-state defendants relating to state-law mass tort claims that had no connection to the forum state. We have followed this decision closely on the blog here and here.…

Product Liability & Mass Torts Blog

Two Ways Technology Has Changed How Lawyers Practice

By Chris Gerardi & Jeffrey D. Skinner

October 29, 2019

Businessman touching tablet and laptop, managing global structure networking and data exchanges customer connection on workplace. Business technology and digital marketing network concept.

Technology has changed all of our day-to-day lives. It also has impacted how lawyers practice. While having the internet at our fingertips is a convenience for most of us, it can cause headaches for judges and lawyers when jurors use the internet during trial to post or search online about the case. This means that lawyers must be more tech-competent than ever before. Here are two ways that technology has changed how lawyers practice:…

Product Liability & Mass Torts Blog

Not Another Puff Piece: The Difference Between Puffery and False Advertising

By Malerie Ma Roddy & Steven E. Swaney

October 15, 2019

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

Have you eaten “America’s Favorite Pasta”[1] or received a “record-breaking” [2] footbag with your fast-food meal? While these products may seem to have little in common, they have a shared experience – each was the target of a false advertising claim. The statements raise the always-burning question for manufacturers: what is mere puffery and what constitutes false advertising?…

Product Liability & Mass Torts Blog

Flush with Uncertainty: Do Plaintiffs Have Standing to Seek Injunctive Relief for “Consumer Fraud” When They Are No Longer “Defrauded”?

By Heather Sanborn & Stephen M. Copenhaver

October 1, 2019

Supreme Court columns with American flag and US Capitol

Imagine you try to flush a wipe that is branded flushable and discover it won’t flush. You are angry enough to sue the manufacturer for damages for “consumer fraud,” but should you also be able to force the manufacturer to change the label, even though your experience means you now know the “truth” about the product?…

Product Liability & Mass Torts Blog

First Glimpse at the CPSC’s FY2020 Plan

By Mike Gentine

September 30, 2019

Close up of a hands of a businessman on a keyboard.

Of the various debates and documents that can presage the interests and activities of the U.S. Consumer Product Safety Commission (CPSC), the agency’s operating plan is generally the most illustrative. The CPSC adopts a new plan around the beginning of each fiscal year, laying out that year’s objectives. Last Tuesday, the Commission received a briefing from agency staff on the FY20 Op Plan. The five commissioners will now review the draft and discuss potential changes,…

Product Liability & Mass Torts Blog

Motor Vehicles or High-Powered Toys: The Diverse Landscape of Off-Road Vehicle Regulation and Where it Might be Going

By Mallory McMahon & Mike Gentine

September 17, 2019

Parked ATV and UTV, buggies on mountain peak with clouds and blue sky in background

With uses ranging from transporting troops to increasing mobility for people with disabilities, off-road vehicles (ORVs) are being used by more people now than when the all-terrain vehicle (ATV) emerged in the 1960s. With increased demand comes increased discussion about how ORVs are regulated. And the answer is, it depends on where you live.…

Product Liability & Mass Torts Blog

Will CPSC Recalls Soon Get FASTER?

By Mike Gentine

September 3, 2019

As Congress returns from its August recess, the House has plenty of work on its plate regarding the U.S. Consumer Product Safety Commission (CPSC). As we wrote previously, six bills addressing specific CPSC-regulated products are on the House floor awaiting votes. Another bill still under subcommittee consideration could help companies regulated by the CPSC, the agency itself, and consumers. The Focusing Attention on Safety Transparency and Effective Recalls (FASTER) Act (H.R. 3169) would formalize…

Product Liability & Mass Torts Blog

Who’s in Charge Here? The CPSC and Individual Liability for Corporate Actions

By Mike Gentine & Jonathan Judge

August 20, 2019

Wooden Gavel And Soundboard On Consumer Protection Law Book

In April, the U.S. Consumer Product Safety Commission (CPSC) and the Department of Justice (DOJ) broke new ground by indicting two former officials of a company accused of failing to timely report a potential product safety hazard to the CPSC. Those indictments marked the first time the CPSC has sought to hold executives criminally liable based on an alleged reporting violation. But while the CPSC had never previously filed criminal charges against individual corporate officers,…

Product Liability & Mass Torts Blog

News | Insight | Analysis

Blog Authors

Private Eyes: When is Company Information Shared with the CPSC Confidential?

District Court Decision on EPA Reporting Could Affect Asbestos Litigation

On the Road Again: Does Bristol-Myers Squibb Limit Courts’ Jurisdiction Over Claims by Out-of-State Class Members?

Two Ways Technology Has Changed How Lawyers Practice

Not Another Puff Piece: The Difference Between Puffery and False Advertising

Flush with Uncertainty: Do Plaintiffs Have Standing to Seek Injunctive Relief for “Consumer Fraud” When They Are No Longer “Defrauded”?

First Glimpse at the CPSC’s FY2020 Plan

Motor Vehicles or High-Powered Toys: The Diverse Landscape of Off-Road Vehicle Regulation and Where it Might be Going

Will CPSC Recalls Soon Get FASTER?

Who’s in Charge Here? The CPSC and Individual Liability for Corporate Actions

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