In Walter Coleman, et al. v. Burger King Corp., No. 22-20925 (S.D. Fla.), a putative class of consumers from thirteen states alleges that Burger King’s advertising for items such as the Whopper materially exaggerates portion sizes, making the burgers appear
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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Nielsen’s Novel Approach to BAP1 and Mesothelioma
BAP1 as Independent Cause
Recent reviews of genetic research continue to challenge long-held assumptions about the causes of malignant mesothelioma. While plaintiffs’ attorneys often cite to asbestos exposure as the only cause of mesothelioma, a January 2025 publication in Scientific Reports led…
$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues
A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025) 331 Cal.Rptr.3d 642.
In reversing a…
Massachusetts Talc Trial Results in $8M Plaintiff Verdict
In June 2025, a Suffolk County, Massachusetts jury delivered an $8 million verdict in Janice Paluzzi v. Johnson & Johnson (21-2109). The jury allocated $5 million for past pain and suffering and $3 million for future pain and suffering.
The…
Supreme Court Allows Trump Administration to Fire Democratic CPSC Commissioners, For Now
On July 23, 2025, the U.S. Supreme Court, in a 6-3 vote, granted the Trump Administration’s request to stay a permanent injunction that had ordered the reinstatement of three Democratic CPSC Commissioners: Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr.…
NYC ‘Subway Surfing’ Case Survives Initial Motions to Dismiss
On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies Meta Platforms,…
Washington Establishes New Standard for Deliberate Injury Exception in Latent Disease Cases
In May 2025, the Supreme Court of Washington overruled previous precedent regarding the deliberate intent to injure exception related to workers’ compensation immunity for employers, finding that an employee may sue its employer for latent disease injury if they can…
Trump Administration Seeks Supreme Court Stay of Democratic CPSC Commissioners’ Reinstatement After Losses in District Court and Fourth Circuit
Background
On June 23, 2025, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland denied a motion by President Donald J. Trump and other officials (“Defendants”) to stay his order reinstating three Democratic CPSC Commissioners:…
Oklahoma Legislature Creates Two New Specialty Courts
Oklahoma has now joined many other states creating specialty business courts to handle complex business litigation. Senate Bill 632 creates two new specialized business courts, which will be located in Oklahoma County and Tulsa County. Oklahoma’s Governor, with the advice and consent…
How Georgia SB68 Streamlines Litigation: What You Need to Know
Georgia Senate Bill 68, signed into law by Governor Brian Kemp on April 21, 2025, introduces significant changes to the state’s civil litigation landscape. Most notable is the implementation of a mandatory 90-day stay of discovery after a litigant files…