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.

BANKRUPTCY BULLETIN

Louisiana Bankruptcy Court Holds that Unknowable Product Liability Claims Are Not Discharged in Mass Tort Bankruptcy

A confirmed chapter 11 plan discharges only claims that could have been addressed in the bankruptcy case. Applying that principle, a Louisiana bankruptcy court ruled that a company’s 2006 chapter 11 plan did not discharge claims from a 2019 refinery explosion that no one could have foreseen.

JURISDICTIONAL JABBER

California Supreme Court Raises the Bar on Blanket Challenges Against Judges

California litigators have long removed judges from their cases with only a sworn statement declaring bias. A recent California Supreme Court decision has significantly curtailed that power.

ENVIRONMENTAL EDIT

FDA Denies PFAS Food Petition and Plans Bottled Water Limits

In two recent updates, FDA denied a citizen petition seeking regulatory limits for PFAS in certain foods and announced plans to establish allowable PFAS levels in bottled water.

CLASS NOTES

Standing and Express Preemption Deliver Early Dismissals in Consumer Class Action Alleging Heavy Metals in Toothpastes

In a putative class action alleging heavy metals in Colgate toothpastes, the Southern District of New York dismissed plaintiffs’ “price-premium” claims for lack of standing where they failed to connect alleged testing to the specific products they purchased. The court also held that express preemption barred omission-based claims seeking disclosures the FDA does not require.

No Injury, No Standing: Eighth Circuit Rejects Speculative Design-Defect Suit

The Eighth Circuit held that a gun owner who had never experienced an issue with his gun lacked Article III standing to bring a design-defect claim based on “inherent danger” and “benefit-of-the-bargain” grounds.

EXPERTS EXAMINED

Daubert Meets Res Ipsa: Seventh Circuit Rejects Twin Theories of Liability in Uniform Defect Suit

The Seventh Circuit affirmed summary judgment for defendants in litigation alleging injuries caused by employee uniforms, finding that plaintiffs lacked admissible expert causation evidence under Daubert and could not rely on res ipsa–style circumstantial theories to fill that gap.

Re:Torts Managing Editors

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

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