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

Analysis of Third-Party Litigation Financing Reveals Funders’ Litigation Influence

LCJ presents empirical evidence reinforcing efforts to promulgate a civil rule requiring disclosure of third-party litigation funding. LCJ’s analysis demonstrates that such funding has significant potential impacts on litigation decisions and outcomes. LCJ argues that a disclosure rule would improve judicial efficiency without impeding parties’ substantive rights in litigation.

HOT TOPICS

PFAS Consumer Cases: What Recent Dismissals Signal for Future Litigation

Despite the growth of PFAS-related lawsuits, standing remains a viable avenue to attack allegations for an early motion to dismiss.

CLASS NOTES

Third Circuit Panel Opines on New Jersey Consumer Fraud Act

The Third Circuit held that, without more, a statutorily required surcharge disclosure was not an affirmative misrepresentation under the NJCFA even where the surcharge included undisclosed profit.

REGULATORY REVIEW

California Governor Vetoes PFAS Phaseout for Cookware and Consumer Goods 

Although Governor Newsom vetoed SB 682, California has already enacted multiple PFAS bans and restrictions on packaging, textiles, children’s products, and cosmetics, and legislative momentum is expected to continue. PFAS manufacturers should anticipate renewed proposals to limit PFAS in cookware and other consumer products.