On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding pending arbitration, the Federal Arbitration Act (“FAA”) compels the court to issue a stay and the court does not have discretion to dismiss the action. Smith v. Spizzirri, 601 U.S. 472 (May 16, 2024) (citing 9 U. S. C. §3).
Vehicles are more complex now, than ever, offering incredible and exciting technology, including self-driving features. But as innovation continues to rapidly change the automotive industry, can we expect the same innovation to impact the legal landscape giving way to new and unique theories in product liability actions and/or impacting the defenses asserted by defendants? The short answer appears to be, “not yet.”
In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26 (2015), even if their marriage to decedent occurred after decedent’s injury. This ruling has significantly redefined the scope of wrongful death claims and supersedes a longstanding common law doctrine in Florida that historically barred such recoveries.
To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a federal question, or an issue that involves subject matter that only the federal court can decide. Separate and distinct from subject matter jurisdiction is the court’s inquiry into personal jurisdiction.
Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation
For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids, Michigan, has been locked in an appellate battle with Michigan’s Department of Environment, Great Lakes, and Energy and State Attorney General Dana Nessel (collectively, Michigan) over whether the Airport may remove Michigan’s lawsuit over the Airport’s use of PFAS[1]-containing firefighting foam based on the federal officer removal doctrine.
In April, the U.S. Food and Drug Administration (FDA) released the results of its 2023 sampling assignment, testing for asbestos in talc-containing products. The results confirmed the absence of asbestos in all 50 samples tested, marking the third consecutive year of asbestos-free talc products in the United States. While this news is reassuring for industry participants, the legal landscape remains complex due to ongoing litigation. This article explores the legal implications, potential risks, and regulatory changes related to asbestos detection in cosmetic talc products.
The Occupational Safety and Health Administration (OSHA) “walkaround” rule went into effect on May 31, 2024. The rule is controversial, to say the least, and even before its effective date, it was targeted by industry and trade groups, with perhaps the most high-profile of these efforts being a federal lawsuit in Texas filed by the U.S. Chamber of Commerce, the National Association of Manufacturers, and Associated Builders and Contractors, Inc., among other plaintiffs.
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