On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint manufacturers The Sherwin-Williams Co., E.I. DuPont de Nemours & Co., and Armstrong Containers Inc. In granting the manufacturers’ summary judgment motions, District Judge Lynn Adelman relied upon the procedural issues that arose throughout the lawsuit and the 2021 reversal of a $6 million award in the United States Court of Appeals for the Seventh Circuit.
Continue Reading Federal Court Tosses Fifteen-Year-Old Lead Paint Personal Injury Lawsuit

Under the Tennessee Products Liability Act, plaintiffs used to be required to identify a specific defect or condition that made the product unreasonably dangerous and proximately caused the alleged injuries. But in Hill v. Kia Motors America, Inc., et al., the Sixth Circuit Court of Appeals turned this requirement on its head and held that plaintiffs could meet the specific defect element by circumstantial evidence merely supporting an inference of an unspecified defective condition.


Continue Reading The Sixth Circuit Tosses the Specific Defect Requirement under Tennessee Law

About a year ago, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short form warning rules for Proposition 65.  Proposition 65 requires businesses to warn Californians about exposure to certain chemicals through “clear and reasonable” warnings.  There are currently two forms of “safe harbor” warnings, one of which is the short form warning. The short form warning requires less detail, takes up less label space, and does not require the listing of any chemical names, which has made it a popular choice.

Continue Reading OEHHA Proposes (Additional) Changes to Prop 65 Short Form Warnings

In the most recent round of the long-running litigation over hearing protection supplied by manufacturing giant 3M and used by U.S. Military personnel from 2002 until 2015, Plaintiffs have obtained large verdicts in 3 out of 4 bellwether cases against 3M.

Continue Reading Bellwether Military Earplug Verdicts Underscore Importance of Establishing the Government-Contractor Defense

In July of 2021, after more than five months of silence, President Biden finally announced his nominations to the U.S. Consumer Product Safety Commission (“CPSC”), which included Alexander Hoehn-Saric, as Commissioner and Chair, Richard Trumka Jr., as Commissioner, and Mary T. Boyle, as Commissioner.
Continue Reading U.S. Senate Committee Approves Biden’s CPSC Nominations

On June 1, 2021, the United States Supreme Court declined to hear Johnson & Johnson’s (J&J) appeal to overturn a $2.12 billion dollar damages award to 22 female plaintiffs who alleged their ovarian cancer was caused by J&J’s talcum powder products. This is a significant setback for defendants in defending consolidated multi-plaintiff mass tort trials and a juries ability to award large punitive damage awards.
Continue Reading United States Supreme Court Declines to Hear Talcum Powder Appeal

The Public Readiness and Emergency Preparedness Act (PREP Act) may provide immunity to product manufacturers and premises owners who face liability from their administration or use of antivirals, drugs, biologics, diagnostics, devices, or vaccines used to treat, diagnose, cure, prevent, or mitigate COVID-19.
Continue Reading PREP Act Offers Immunity to Product Manufacturers and Premises Owners from COVID-19 Liability

The Eighth Circuit recently held that a motion to dismiss based on forum non conveniens filed 18 months after the start of litigation was untimely. According to the decision, if the forum was truly inconvenient, the defendants should have filed a motion to dismiss earlier than 18 months after the complaint was filed and before the end of discovery.
Continue Reading Eighth Circuit Reverses Dismissal Based on Forum Non Conveniens Motion

Heavy metals, such as arsenic, lead, cadmium, and mercury, are present in baby foods produced by U.S. baby food manufacturers according to a report released in February by the U.S. House of Representatives Subcommittee on Economic and Consumer Policy. Heavy metals are considered dangerous to human health and are especially concerning for children and babies, who are more susceptible to the neurological effects associated with exposure to heavy metals.
Continue Reading Heavy Metals in Baby Food – Congressional Report Unleashes a Flood of Litigation

The Tennessee Supreme Court’s opinion in Carolyn Coffman et al v. Armstrong International, Inc., et al., at least implicitly, recognized a “bare metal defense” for the first time under Tennessee law. The Court addressed the issue of whether, under Tennessee law, equipment defendants “had a duty to warn of the dangers associated with the post-sale integration of asbestos-containing materials manufactured and sold by others.” The Court held that, under the Tennessee Products Liability Act (TPLA), Tenn. Code Ann. §29-28-101 through 108, the equipment defendants did not have a duty to warn end users about the post-sale incorporation of asbestos containing products manufactured by third parties.
Continue Reading Tennessee Supreme Court Implicitly Adopts the “Bare Metal Defense”