Product Liability

Expert Analysis

• EU Medical Device Regulation May Spur Litigation Uptick

  

  By bringing European Union medical device standards into closer alignment with those of the U.S., a new EU regulation may increase product liability claims against device manufacturers based on ad hoc data that may not have the benefit of regulatory verification, say attorneys at DLA Piper.

• 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

  

  A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

• What Cos. Must Know About New Sesame Allergen Labeling

  

  To ensure compliance with the FASTER Act, a new federal law designating sesame as a major food allergen, companies should assess food product labeling and food manufacturing practices, and keep comprehensive documentation of their sesame-related controls and procedures, say attorneys at Covington & Burling.

• Challenging Class Cert. When Plaintiffs Missed 'False' Ad

  

  False advertising class action plaintiffs often target language from a defendant's marketing materials or product label — but a defendant may be able to challenge class certification with evidence that many class members did not see the statement in question, say Michael Schwartz and Maren Messing at Patterson Belknap.

• Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

  

  A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

• Font Considerations To Give Your Legal Briefs An Edge

  

  Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

• Make Profitability Management Part Of Your Law Firm Culture

  

  As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

• The Biden Administration Is Sharpening The TSCA's Sword

  

  The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

• 4 Trends In Discoverability Of Litigation Funding Documents

  

  Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

• W.Va. Consumer Law Changes Offer Help For Finance Cos.

  

  New amendments to the West Virginia Consumer Credit and Protection Act will help businesses in the state, particularly in the financial services industry, by better defining the process for presuit notice and opportunity to cure, and by making it easier to recover attorney fees, say Andrew Narod and Jared Searls at Bradley Arant.

• Opinion

  Keep Junk Science Away From Juries

  

  Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

• The Purposeful Availment Test After Ford

  

  The U.S. Supreme Court's recent Ford Motor Co. v. Montana Eighth Judicial District Court decision held that some companies may face specific jurisdiction in any forum where a product-related injury occurs — but companies that did not purposefully avail themselves of the forum state's laws will likely have a stronger defense, say Kathleen Carrington and Derek Rajavuori at Butler Snow.

• 7 Lessons For Young Lawyers Starting Their Careers

  

  This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

• What NYC Climate Case Dismissal Means For Baltimore Suit

  

  The Second Circuit's recent thumbs-down to New York City's climate change lawsuit puts even more pressure on the U.S. Supreme Court to address federal preemption in climate litigation when it decides BP v. Baltimore this year, says Scott Press at Goldberg Segalla.

• Opinion

  Fla. Amendment Should Make Courts More Insurer-Friendly

  

  Effective May 1, a seemingly innocuous amendment by Florida's Republican-appointed Supreme Court, aligning the state summary judgment standard with that of federal courts, should make state courts much more hospitable to defendant insurers, says Charles Lemley at Wiley.