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

Sticking to Standing: Court Dismisses Class Action in Adhesive Bandage Case

A recent decision continues the trend of strict standing requirements in PFAS-related consumer class action lawsuits.  

Maryland Supreme Court Rejects Opioid and Climate Change Nuisance Cases

In a pair of opinions, the Supreme Court of Maryland refused to expand the public nuisance doctrine to permit governmental damages cases against regulated industries for complex social issues.

AI INSIGHTS

Ask AI, Lose Privilege? Courts Draw Lines on AI-Generated Legal Materials

The Southern District of New York holds that AI-generated documents, generated using prompts based on attorney work product, are not protected by attorney-client privilege or work-product doctrine where they were not prepared by or at the direction of counsel and did not themselves reflect attorney strategy.

CLASS NOTES

Federal Court Denies Arbitration After Defendant’s Extensive Litigation Participation

The recent denial by a federal court of Equifax’s arbitration bid underscores the risks of pursuing arbitration after extensive litigation participation and of pursuing strategies a court may view as “unfair,” such as inserting post-complaint arbitration provisions without notifying litigants or prospective class members.

Clearing the Smoke: Plaintiff Counsel’s Advertising Defeats Class Certification Attempt in the Northern District of Illinois

The Northern District of Illinois denied class certification after finding that the named plaintiff’s prior knowledge of the alleged defect—gained through litigation advertising—gave rise to a unique proximate cause defense that rendered her an inadequate class representative.

PUBLICATION

AI Hallucinations in Court: A Case Study in How Bad It Can Get

The Drug & Device Blog recently covered a case involving extensive AI hallucinations spanning multiple filings, examining "just how many ways AI hallucinations can infect a case," "how difficult the cleanup can be once the infection has spread," and offering tips for how opposing counsel can respond.