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

No Waiver Here: Courts Protect Consumer Arbitration Rights and Sanction Counsel for Misrepresentation

Recent decisions reaffirm courts’ willingness to reject arguments that a defendant waived arbitration rights by participating in litigation. Defendants may also pursue sanctions against parties who attempt to circumvent valid arbitration agreements through misrepresentation. 

MDL MINUTE

Product Liability Litigation and the 2025 Judicial Panel on Multidistrict Litigation:
A Year in Review

In 2025, the JPML continued to grant a majority of the MDL petitions that it considered, including petitions involving product liability claims. The JPML tended to grant centralization when defendants share common defenses, or plaintiffs sought to pursue additional injuries for products subject to an existing MDL, but was hesitant to do so when the scope of potential defendants and claims could not be sufficiently limited based on the claims alleged.

REGULATORY REVIEW

FDA Seeks to Delay PFAS Litigation and Issues Report on PFAS in Cosmetics

Ongoing litigation and a recently published report by FDA signal a continuing focus by the agency to investigate PFAS in food and cosmetics.  The agency notes that toxicological data are lacking for PFAS compounds that are viewed as having a potential safety concern.

ONPOINT

UK Government to Legislate on Litigation Funding to Mitigate the Effects of the 2023 Supreme Court Decision in PACCAR

Dechert recently released an OnPoint regarding the UK Government's  decision to “mitigate the impact of the 2023 Supreme Court judgment in PACCAR” and to “implement proportionate regulation of third-party litigation funding agreements”, which may lead to continued class action litigation growth in the UK.