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

Fight Over "Sham Litigation" Will Proceed

The Eastern District of Pennsylvania has confirmed that an alleged scheme to fabricate medical records in personal injury actions may expose attorneys and their medical collaborators to RICO liability. 

CLASS NOTES

Reasonable Consumer Standard Defeats Omission-Based Mislabeling Claims

Two 2026 decisions show courts using the “reasonable consumer” standard to dismiss omission-based consumer fraud class actions at the motion to dismiss stage. Manufacturers and brand owners facing similar claims should take note: these decisions confirm that proactive challenges to implausible consumer interpretations can be dispositive before costly discovery begins.

AI INSIGHTS

Pennsylvania Sues Character.ai Over Chatbot That Posed as Licensed Psychiatrist

A state enforcement action against a chatbot with fabricated medical credentials highlights growing liability exposure for AI companies whose platforms allow chatbots to hold themselves out as licensed professionals.

Magistrate Judge Orders Production of AI Prompts Used by Expert Witness

A magistrate judge in the District of Connecticut recently ordered the production of AI prompts used by an expert witness in preparing her report. This appears to be the first federal court decision of its kind.

REGULATORY REVIEW

EPA Announces Modifications to National Drinking Water Regulations

EPA proposes to roll back certain PFAS drinking water limits—PFOA and PFOS standards remain.

BANKRUPTCY BULLETIN

Third Circuit Clarifies that Product-Line Successor Liability Claims are Property of the Bankruptcy Estate

Managing potential successor liability is an important issue purchasers confront when seeking to acquire distressed businesses with mass tort liabilities. The Third Circuit recently held that talc plaintiffs could not assert product-line successor liability claims against a purchaser because those claims were property of the seller company’s bankruptcy estate. 

ONPOINT

U.S. Supreme Court Rules FIFRA Expressly Preempts State Failure-to-Warn Claims in Roundup Litigation

Dechert recently released an OnPoint regarding the U.S. Supreme Court’s 7-2 decision in Monsanto Co. v. Durnell. The Court held that FIFRA expressly preempts state-law failure-to-warn claims against pesticide manufacturers, with potentially significant implications for product liability litigation across other regulated industries, including medical devices, over-the-counter drugs, and cosmetics. 

Re:Torts Managing Editors

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

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