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.

MDL MINUTE

Second Circuit Delivers a Mixed Verdict on Phenylephrine Preemption

The Second Circuit held that the FDCA preempts most consumer claims against monograph-compliant decongestant makers, while leaving open narrower claims tied to brand-name New Drug Application products and voluntary “Maximum Strength” labeling.

No Diagnosis, No Recommendation, No Recovery: California Court Rejects Explant-Only Injury in Allergan BIOCELL Bellwethers

A California trial court granted Allergan summary judgment in two BIOCELL bellwethers, foreclosing damages to asymptomatic plaintiffs who elected to have their implants removed while signaling that the issue is likely headed for appellate review.

AI INSIGHTS

Connecticut Court Sanctions Litigant for Hidden “Prompt-Injection” Text In Filings

A Connecticut Superior Court judge revoked a self-represented plaintiff’s e-filing privileges after he repeatedly embedded invisible “white-on-white” text in court submissions directing any AI system reviewing the filings to rule in his favor. This decision signals that courts may treat concealed AI-directed instructions as sanctionable litigation misconduct, even when no AI tool is actually used or deceived.

REGULATORY REVIEW

D.C. Circuit Rebuffs Challenge to EPA’s PFOA and PFOS Hazardous Substance Rule

The D.C. Circuit recently held that EPA may designate certain chemicals as “hazardous substances” when they “may present substantial danger,” a standard requiring only a “substantial risk” that is “scientifically possible.”

New York Climate Superfund Law Struck Down As Federally Preempted

Two federal courts have invalidated New York’s Climate Change Superfund Act on preemption grounds, foreclosing the state’s plan to collect $75 billion from fossil fuel companies for climate adaptation projects and signaling how a similar challenge to Vermont’s climate superfund law may be resolved.

HOT TOPICS

No Defect, No Duty: California Supreme Court Reaffirms the Bedrock of Products Liability Law

The California Supreme Court rejected a novel negligence theory that would have let plaintiffs sue manufacturers over nondefective products for not developing a “better” alternative sooner.

Re:Torts Managing Editors

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

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