Product Liability Review 2022

Product Liability: Background and Introduction
Product liability regimes in Europe represent a balance between the interests of consumers and producers, explicitly referenced as a ‘fair apportionment of risk’ in the second and seventh recitals to the Product Liability Directive 85/374/EEC. Redress for harms resulting from the use of products typically requires the injured party to prove contractual breach, fault (e.g. negligence) or, even in the case of no-fault regimes, a defect in the relevant product, […]

By | July 11th, 2022 ||

Enforcing The Line Between Product Liability And Public Nuisance

The Situation: Courts are increasingly confronted with attempts by the plaintiffs’ bar to repackage traditional product liability claims as public nuisance claims, as a ploy to circumvent various elements of product liability law.

The Result: Jones Day won a significant victory for Chevron in paraquat multidistrict litigation (“MDL”), convincing the MDL court to reject the public nuisance claims as disguised product liability claims.

Looking Ahead: After some outlier decisions expanding the scope of public nuisance liability beyond its traditional […]

By | May 15th, 2022 ||

Recyclability, Liability For Plastics Producers: Cases To Watch In 2022

There is a rising trend of lawsuits being filed across the country against plastic products producers and sellers alleging the companies are violating state consumer protection statutes related to labeling. While litigation is still in the early stages for many of the cases, rulings are anticipated to be made this year that could have a far-reaching impact on plastics products manufacturers and sellers.

Here are three key cases to watch in 2022 that will impact […]

By | April 8th, 2022 ||