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.

HOT TOPICS

Federal Court Dismisses Products Liability Challenge to Social Media Platforms’ Content Moderation Tools

A recent federal court decision dismissed a products liability challenge to social media platforms’ content reporting tools for failing to identify any product that actually caused harm.

Maine Joins Other States in Refusing to Extend Public Nuisance Law to Product Liability Claims

Maine’s highest court recently dismissed a public nuisance claim against sellers of opioid medications, adding to a body of caselaw that refuses to extend public nuisance doctrines against companies involved in making, marketing, or selling pharmaceuticals.

EXPERTS EXAMINED

Court Holds that Deceased Expert’s Report is a Medical Record Under Rule 703

In Roubert v. Amazon, an Eastern District of Pennsylvania Court ruled that expert opinions from a deceased expert could be used by a new expert in forming their opinions, finding reports made in anticipation of litigation to be just as reliable a basis for expert testimony as pre-litigation medical records.

ENVIRONMENTAL EDIT

Industry Groups Oppose EPA’s PFAS Rule in Legal Challenge

The EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA has sparked industry opposition due to concerns over the rule’s breadth and cost implications.

JURISDICTIONAL JABBER

Medical Monitoring Class Action Based on Mere Exposure to Lead Fails for Lack of Standing

A Pennsylvania federal court recently dismissed a medical monitoring class action, holding that risk of future injury from occupational lead exposure is not an injury-in-fact sufficient to establish Article III standing.

EVENT

Life Sciences Day 2025

Thank you to those who joined us in Philadelphia on March 5 for the 2025 Life Sciences Day! We hope you found the discussions both interesting and informative. A special thank you to our speakers and panelists for sharing their unique perspectives and industry insights. Check out the key takeaways from the program here.