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.

CLASS NOTES

Sixth Circuit Shuts the Door on “Trial by Formula” and “Mini Trials” in Reversing Class Certification

Sitting en banc, the Sixth Circuit reversed a grant of class certification, holding that individualized value determinations defeated predominance and that a formulaic damages model would impermissibly abridge the defendant’s substantive rights.

REGULATORY REVIEW

FDA Moves on Two Fronts: AI Compliance Enforcement and Clinical Trial Innovation

FDA is simultaneously warning against artificial intelligence (“AI”) overreliance in pharmaceutical manufacturing and embracing AI-driven innovation in clinical trials, a dual posture that carries implications for life sciences companies deploying AI across regulated functions.

Minnesota’s PFAS Ban Is Coming — But Not for Everything

Minnesota will ban the sale of all goods containing PFAS by 2032 unless the use of PFAS is “currently unavoidable.” 

JURISDICTIONAL JABBER

SCOTUS Adopts Expansive Reading of Federal Officer Removal Statute

The Supreme Court recently adopted an expansive reading of the federal officer removal statute, broadening the range of claims that may be deemed sufficiently “related to” federally directed activity to support federal jurisdiction.

Re:Torts Managing Editors

Ariel Smith
Associate, Philadelphia
ariel.smith@dechert.com

Drew Bencie
Associate, Philadelphia
drew.bencie@dechert.com