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

Recent PFAS Updates: FDA and Federal Court Demand Reasoned Basis for PFAS Rules

The FDA reaffirmed that fluoropolymers are safe for use in medical devices, noting the lack of evidence that fluoropolymer PFAS materials are harmful and that there is no reason to restrict their use. Similarly, a federal court preliminarily enjoined a New Mexico PFAS-labeling requirement because it lacked a rational connection to promoting public health goals.

AI INSIGHTS

Scrutiny of AI at the Bar: States Expand Efforts to Limit AI Misuse in Courts

The use of AI tools in legal practice continues to make headlines, due in no small part to notable examples of attorneys and judges failing to scrutinize their use of AI-generated materials. State governments are increasingly paying attention, and California is taking action.

MDL MINUTE

Sixth Circuit Reins In Opioid MDL: PBM Amendments Vacated for Lack of Individualized Diligence

The Sixth Circuit granted mandamus and vacated a sweeping order in the national opioid MDL that had allowed plaintiffs to amend their complaints to assert claims against pharmacy benefit managers nearly two years after the deadline. The decision confirms the need to assess each plaintiff’s diligence before permitting late amendments. It also reinforces the importance of procedural protections in complex coordinated mass tort litigation.

CLASS NOTES

No Common Proof, No Class: C.D. Cal. Denies Certification in Engine Defect Case

A federal court in California denied class certification in a vehicle defect suit because evidence of the manufacturer’s knowledge varied based on when each class member bought their car. While limited in scope, this ruling shows how timing gaps can defeat predominance.

HOT TOPICS

Delaware Narrows the Lens on Litigation Funding Discovery

Delaware now allows discovery into a litigation funder’s existence and control rights but denies access to the funding agreement’s economic terms.

Re:Torts Managing Editors

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

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