On March 18th, 2024, the U.S. Environmental Protection Agency’s ban of Chrysotile asbestos became the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA). Chrysotile is currently the only known form of asbestos being imported or used in manufacturing in the United States.
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A Check on Experts in the Talcum Powder World
On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide talcum powder litigation) (“Plaintiff”) had standing to sue expert pathologists who testify for plaintiffs in personal injury litigation (“expert pathologists”) for injurious falsehood/product…
Navigating the Legal Landscape of Electric Vehicle Battery Fires
The electric vehicle (“EV”) revolution is reshaping the automotive industry, promising a greener future and reduced reliance on fossil fuels. However, as EV adoption accelerates, manufacturers face a growing legal and regulatory challenge: the risk of lithium-ion battery fires, which has sparked a wave of product liability lawsuits and regulatory scrutiny in recent months. For…
U.S. Navy’s Nonadherence to Asbestos Policy Opens Door to Lawsuit
As a sovereign entity, the United States government is immune from suit unless it consents to be sued.1 However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”), which is the exclusive remedy for state law torts committed by federal employees within the scope of their employment.…
Guns, Liability, and the Law: Why the Gustafson Decision Matters
By Caleb Hunt & Shannon Peters
The Protection of Lawful Commerce in Arms Act (PLCAA) has long been a cornerstone of protection for firearms manufacturers and sellers, shielding them from liability when their products are misused in crimes. But recent litigation, including the Pennsylvania Supreme Court’s decision in Gustafson v. Springfield, Inc.,1 shows how litigants continue to test the boundaries…
Arbitration’s Double-Edged Sword: The Rise of Mass Claims
In recent years, numerous businesses have successfully enforced broad arbitration clauses, particularly those embedded in terms and conditions of online service agreements. We previously discussed a noteworthy example from a recent New Jersey appeals panel decision.1 The underlying cause of action in that case stemmed from a motor vehicle collision that occurred while plaintiff…
Artificial Intelligence: The ‘Black Box’ of Product Liability
“With great power comes great responsibility,” and in the rapidly evolving landscape of Artificial Intelligence (“AI”), the intersection of innovation and legal responsibility is becoming increasingly complex. As AI becomes more integrated into products and services across industries, matters regarding liability, regulation, and safety are raising questions about the tension between AI and liability. Courts…
Another Bite at the Apple: Court Tosses Defense Verdict in Infant Formula Litigation
In December 2024, we reported on a City of St. Louis, Missouri jury verdict in favor of baby formula manufacturers in a lawsuit claiming their specialized infant formulas for premature babies caused an infant to develop necrotizing enterocolitis (NEC), a potentially fatal condition. This was a landmark win for the manufacturers who have been embroiled…
Tort Reform in Georgia Headed to the Governor’s Desk
As an update Georgia Governor Briam Kemp signed into law Senate Bill 68 and Senate Bill 69 on April 21, 2025.
The Georgia Assembly passed sweeping tort reform on Friday, March 21, 2025. Governor Brian Kemp had announced his tort reform package on January 30, 2025. The Georgia Senate subsequently passed two bills, Senate Bill…
Texas Court Upholds Summary Judgment in Silica Case
The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The ruling highlights the importance of reliable expert testimony and strict adherence to procedural rules in toxic tort litigation.…