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  2. Product Liability & Mass Torts

Insights on Product Liability & Mass Torts

131 total results. Page 3 of 6.

Consumer Products Watch
The Eleventh Circuit Joins the Majority in Rejecting a Heightened Ascertainability Requirement for Class Actions
May 25, 2021
James D. Cromley, Aphrodite Kokolis

On February 2, 2021, the Eleventh Circuit weighed in on the “ascertainability” debate raging in the federal courts – specifically, whether plaintiffs must show that it would be “administratively feasible” to identify class members before the class can be certified.

Consumer Products Watch
California Appellate Court Vacates $15 Million Punitive Damages Award
May 11, 2021
Elizabeth Runyan Geise

Punitive damages can often multiply a defendant’s potential exposure in litigation.

News
Judge Quoted on Peloton Tread+ 125,000 Unit Recall
May 10, 2021
Jonathan Judge

Law.com

News
Judge Quoted on Manufacturer Product Safety Standards
May 4, 2021
Jonathan Judge

Consumer Reports

Consumer Products Watch
Companies Defending Personal Injury or Wrongful Death Suits in Illinois Will Face Prejudgment Interest If New Bill Becomes Law
March 16, 2021
James D. Cromley, Rachel A. Remke

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.

Consumer Products Watch
The Hot Coffee Case Revisited: Has Proximate Cause Changed in the 25 Years Since Liebeck v. McDonald’s Restaurants?
March 10, 2021
Jeffrey D. Skinner

Two cases decided 25 years apart, but there were some facts in common: a hot drink, a consumer alleging that she was burned by the drink, and a lawsuit. These are the facts of the 1994 case Liebeck v. McDonald’s Restaurants that resulted in an award of millions to the consumer.

Consumer Products Watch
How COVID Has Changed False Advertising Rules
March 9, 2021
Katia Asche

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.

Consumer Products Watch
Consumer Product Manufacturers: Is Your Regulatory Slate Clean?
February 23, 2021
Jonathan Judge

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.

Consumer Products Watch
How Companies Can Approach Wider Availability of COVID-19 Vaccines in the Coming Months
February 9, 2021
Jeffrey D. Skinner

After a very difficult 2020, rapid vaccine development has sparked optimism among the public and in the business community.

Consumer Products Watch
Business Considerations in Light of Increases in COVID-19 Cases
February 1, 2021
Jeffrey D. Skinner

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.

Consumer Products Watch
Vehicle Manufacturers Face Cybersecurity Challenges
January 19, 2021
Mariam C. Weber

Over the last several decades, there have been significant advancements in automotive technology.

Consumer Products Watch
Regulation-by-Enforcement: CPSC Targets Adult Portable Bed Rail Industry Company-by-Company
December 3, 2020
Jonathan Judge

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.

Consumer Products Watch
Lewis Court Rejects the Use of the Collateral Source Rule to Establish Injury-in-Fact
November 17, 2020
Jeffrey D. Skinner

In Illinois, the collateral source rule bars defendants from submitting evidence that plaintiffs received compensation for their injuries from a collateral source.

Press Release
Schiff Earns 46 “Best Law Firms” Rankings in 2021
November 5, 2020

Schiff Hardin LLP has received 46 top-tier rankings in the 2021 edition of U.S. News – Best Lawyers® “Best Law Firms,” nationally recognizing the firm’s premier practices.

Consumer Products Watch
Whelan v. Armstrong Int’l, Inc.: Latest Asbestos Ruling Expands Manufacturer Liability for Injuries
November 3, 2020
Elizabeth Runyan Geise, Kylie S. Wood

Several state and federal courts have recently addressed a hot-button issue in product liability law: whether the manufacturer of a product that has an asbestos-containing replacement part that causes injury may be liable even if the manufacturer itself did not manufacture or supply the replacement.

Consumer Products Watch
How to Value Important Cases: Magnitude Has the Answer
October 30, 2020
Jonathan Judge

In yesterday’s post, we described a scenario involving a simple traffic accident, asking you to estimate the average exposure at trial.

Consumer Products Watch
How to Value Important Cases: Introducing Magnitude
October 29, 2020
Jonathan Judge

Legal success is driven by the correct perception of risk. Plaintiffs don’t want to leave emptyhanded, and defendants don’t want to pay more than necessary. Sometimes the facts favor only one side, but most of the time a party’s legal risks fall on a spectrum between these extremes.

News
Judge Quoted on Schiff’s New AI Technology, Magnitude
October 29, 2020

Legaltech News

Consumer Products Watch
Eleventh Circuit Rules That Class Representative Incentive Awards Are Impermissible
September 23, 2020
Aphrodite Kokolis

In a decision with potentially far-reaching consequences for class actions, a divided panel of the U.S. Court of Appeals for the Eleventh Circuit held that the ubiquitous practice of awarding a class representative an “incentive” payment as part of a class action settlement is impermissible.

Consumer Products Watch
Retooling in the Midst of COVID-19: Statutory Protections for Manufacturers
September 10, 2020
Jasmine K. Dela Luna, Malerie Ma Roddy, Jeffrey D. Skinner

Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune.

Press Release
Three Schiff Hardin Partners Named Among Crain’s Chicago Notable Women in Law
September 8, 2020

Managing Partner Marci Eisenstein, Litigation and Dispute Resolution Group Deputy Leader Maggie Hickey, and Construction Law Group Deputy Leader Heidi Rowe have been named to the 2020 Notable Women in Law list by Crain’s Chicago Business, which distinguishes female attorney leaders who have made significant contributions to their industry in the past 18 months.

Press Release
Best Lawyers Recognizes 59 Schiff Attorneys, Six “Lawyers of the Year,” and 21 Ones to Watch
August 20, 2020

Schiff Hardin LLP is pleased to announce that 59 attorneys have been listed in the 2021 edition of The Best Lawyers in America, with six attorneys also being named a “Lawyer of the Year” in their respective areas of practice and location.

Alerts
Reopening and Readjusting: Preparing for a Diagnosis or Resurgence in the Coming Months
August 18, 2020
Jeffrey D. Skinner

Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future.

Events
Are You Ready for COVID-19 Litigation?
August 13, 2020
William P. Ziegelmueller

As the COVID-19 pandemic continues, businesses are challenged to do what they can to avoid liability and create litigation readiness policies and plans to support the new normal.

Alerts
Reopening and Readjusting: Communicating COVID-19 Policies to All Stakeholders
August 4, 2020
Jeffrey D. Skinner

In our last post, we discussed policy changes and new procedures that companies should consider as they reopen amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country.

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