In September 2025, the Pennsylvania Supreme Court tackled a significant procedural issue: whether an order compelling arbitration in ongoing litigation is immediately appealable as a collateral order. In Chilutti v. Uber Technologies, Inc., the plaintiffs, Shannon and Keith Chilutti, sued
Product Perspective: Complex Tort & Product Law
Your source for complex tort and product liability news, product safety compliance, and regulation
The Product Perspective: Complex Tort & Product Law blog, published by Husch Blackwell LLP, focuses on legal issues related to complex tort litigation and product liability. It covers topics such as regulatory compliance, product safety, failure-to-warn claims, design defect litigation, and defenses in product liability cases. The blog also addresses developments in toxic torts, environmental regulations affecting products, expert testimony standards in litigation, and emerging legal challenges involving product manufacturers. It provides analysis of court decisions, regulatory agency actions, and statutory interpretations relevant to manufacturers, distributors, and legal practitioners involved in complex product-related disputes.
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Pennsylvania Superior Court Overturns $1 Billion Product Liability Verdict
The Superior Court of Pennsylvania vacated a $1 billion jury verdict in favor of a plaintiff who alleged injuries arising out of a 2017 car accident. The case centered on alleged defects in a 1992 sports car’s occupant restraint system…
Burden Shifting in Closing Arguments: Lessons from Harrell v. City of Chicago
The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a new trial in…
U.S. Solicitor General Backs Bayer on Roundup Litigation Labeling Claims
Illegality Defense Bars Recovery in Kansas Inhalant-Abuse Case
Each year, thousands of individuals are severely injured or die from intentional inhalation of everyday products like computer duster to achieve a euphoric high. When these injuries or deaths lead to lawsuits against manufacturers, plaintiffs often argue that the products…
The Ninth Circuit’s Latest Word on Expert Testimony: A Cautionary Tale for Expert Witnesses in Toxic Tort Litigation
In August 2025, the Ninth Circuit affirmed a district court’s decision to exclude an expert’s causation opinion as unreliable and grant summary judgment in favor of a herbicide manufacturer.The case, which arose from claims that exposure to an herbicide caused…
Minnesota’s PFAS Regulation Rejected by Judge
In a significant development concerning Minnesota’s environmental regulations, an administrative court rejected the Minnesota Pollution Control Agency’s (MPCA) proposed rule on per- and polyfluoroalkyl substances (PFAS) reporting and associated fees.1 This decision, issued on August 29, 2025, highlights procedural…
Supreme Court Declines to Resolve Commerce Clause Challenge to Pennsylvania’s Consent-to-Jurisdiction Statute
IntroductionOn October 6, 2025, the United States Supreme Court denied certiorari in Syngenta Crop, LLC v. Nemeth, passing on an opportunity to clarify its prior decision in Mallory v. Norfolk Southern and address whether Pennsylvania’s “consent to jurisdiction” statute violates…
Upcoming Webinar – Toxic Torts on the Rise: Managing PFAS, Silica, Benzene, and Talc Litigation
By Jen Dlugosz
As regulatory scrutiny and litigation risks continue to expand, manufacturers are facing an unprecedented wave of toxic tort and product liability challenges. Substances such as PFAS, silica, benzene, and talc are increasingly at the center of high-stakes lawsuits, with significant…
Delaware Chancery Court Keeps Asbestos Trust Data Case Alive: Motions to Dismiss Denied
On October 24, 2025, Vice Chancellor Laster of the Delaware Court of Chancery denied motions to dismiss in a high-profile challenge to asbestos trust data-retention policies, allowing asbestos defendants’ claims to proceed past the pleading stage.
Background: Trust Data and…