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Brandan Mueller

As a member of the firm’s Technology, Manufacturing & Transportation team, Brandan represents clients in the defense and prosecution of cases involving product liability, transportation matters, complex commercial litigation, construction law, insurance law and personal injury. He has focused extensively on product liability cases involving fires and explosions as well as on toxic tort matters.

On June 21, 2023, U.S. Senator Jon Ossoff introduced the Kids Online Safety and Privacy Act (the “Act”) (Senate Bill 2073), which is legislation focused on online experiences of minors. Recently passed by both the House and Senate, the Act soon awaits President Biden’s review. If signed into law, it will impose significant obligations on online gaming and media platforms, particularly those serving users under 17.

The U.S. Consumer Product Safety Commission (CPSC) announced a new rule on September 18, 2024, which will implement the first-ever federal safety standards for infant nursing pillows.[1] This rule comes in response to 154 infant deaths and 64 serious injuries believed to be caused by these products between 2010 and 2022.[2] These deaths commonly involved infants under 3 months old who were sleeping with the nursing pillows in locations such as adult beds, cribs, playpens, or couches.[3]

As the demand for clean energy and transportation grows, so does the need for rechargeable batteries. Lithium-ion batteries are widely used, from small toys to electric cars to large energy storage systems. While some lithium-ion batteries are already subject to regulations, rechargeable batteries used in “micro-mobility devices” such as electric bikes and scooters are currently not subject to any federal safety standards. Some advocates contend that a lack of regulation has led to an increase in fires caused by poor quality, defective batteries. According to a report by CBS News New York, defective lithium-ion batteries have allegedly resulted in 400 fires, 300 injuries, and 12 deaths between 2019 and 2023 in New York City alone.

Philadelphia County has long been a preferred forum for plaintiffs’ bar in Pennsylvania. Until last week, a motion to dismiss for improper venue under Pa. R. Civ. P. 1028(a)(1) was a tool at the disposal of any corporate defendant improperly entangled into Philadelphia County litigation. However, the Pennsylvania Supreme Court’s decision in Hangey v. Husqvarna, 14 EAP 2022 (Pa. Nov. 22, 2023, Dougherty, J.) may have effectively foreclosed improper venue dismissal except for those defendants who conduct no business in Philadelphia County whatsoever.

I was privileged to serve once again as a contributing editor on our firm’s Legal Insights for Manufacturing report, published yesterday. This was our second-annual report, and it contains some great information and perspectives on the challenges that manufacturers will need to tackle throughout the coming year, including product liability, safety, and marketing, as well

We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year for the manufacturing industry.

The President swore in a new face to the Commission for the Consumer Product Safety Commission (CPSC) on June 30, 2022. Mary T. Boyle, however, is not an entirely new face as she served in various positions within the CPSC for more than a decade. She formerly served in various leadership rules, including CPSC’s Executive Director from 2018 before being confirmed as the new Commissioner. Ms. Boyle also served as CPSC’s Senior Counselor for Policy and Planning, General Counsel, and Deputy General Counsel.

Around the time that much of the United States was beginning to shut down in response to COVID-19, President Trump nominated Dr. Nancy B. Beck for Commissioner and Chairman of the Consumer Product Safety Commission (CPSC). A review of Dr. Beck’s education and background shows that the vast majority of her career – over 15 years – has been spent in public service. Yet Dr. Beck’s nomination has been met with criticism of her roughly five years as a Director at the American Chemistry Council (ACC). For instance, the Chair of the House Energy and Commerce Committee issued a press release which highlighted Dr. Beck’s time at the ACC and claimed that Dr. Beck was “doing the bidding of the chemical industry at the expense of the health and safety of the American public.” Likewise, the Washington Post and New York Times headlined articles about Dr. Beck with a description of her as a “chemical industry executive.” While it may be expected that Dr. Beck’s detractors would focus on her time at the ACC, media characterizations of her as a “chemical industry executive” do not accurately describe the whole of her professional efforts.