Dechert Re:Torts

Key Developments in Product Liability and Mass Torts

In this monthly newsletter you'll find insights and analysis covering significant legal trends, landmark cases, and strategic considerations for businesses facing complex litigation. It serves as a valuable tool for staying informed about the evolving landscape of tort law and its implications for various industries.

REGULATORY REVIEW

PFAS in the Spotlight: EPA and FDA Zero in on Seafood and Water

The 2024 PFAS Strategic Roadmap highlights EPA’s desire to implement further regulation and oversight to study and reduce exposure to PFAS. Seafood and water-processing may be EPA’s new focus after FDA findings.

HOT TOPICS

Online Retailer Avoids Liability in Suicide Cases (For Now)

Washington state and federal courts dismissed claims alleging Amazon is liable for selling a product used to commit suicide; but debate continues as to whether traditional rules need to adapt to address online selling and marketing.

EXPERTS EXAMINED

AI Expert Challenged for Relying on AI “Hallucinations”

An AI expert’s testimony that relied on “hallucination” citations to support substantive claims is being challenged under Daubert and Rule 702. 

JURISDICTIONAL JABBER

Ohio Supreme Court Rules Public Nuisance Claims Against Retail Pharmacies Barred by State Law

A new decision from the Ohio Supreme Court finds that opioid-related public nuisance claims against retail pharmacies chains are barred by state law.

INTERNATIONAL INTRIGUE

U.S.-Style Multi-Claimant Actions Take Another Step in the U.K.: Le Patourel v BT, the First CAT Opt-Out Judgment Goes to the Defense

In December 2024, the U.K. Competition Appeal Tribunal handed down its defense ruling in Le Patourel v BT—the first opt-out, collective action trial in the United Kingdom.