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.


REGULATORY REVIEW

FDA Issues New Rule for Nonprescription Drugs with Additional Conditions of Use

The FDA has issued a final rule establishing requirements for the development and marketing of nonprescription drug products with an Additional Condition for Nonprescription Use (ACNU), which ensures appropriate self-selection and use by consumers without practitioner supervision. This rule aims to increase consumer access to nonprescription drug products and provides specific guidelines for application, labeling, and postmarketing reporting.


HOT TOPICS

Plaintiff’s Firm Ordered to Produce Advertising Information

A Colorado state court judge ordered a plaintiff’s firm to produce its advertising information in a toxic tort proceeding.

Post-Removal Complaint Amendments Can Divest Federal Court Jurisdiction

Our team recently published an OnPoint analyzing the United States Supreme Court’s decision in Royal Canin U.S.A., Inc. v. Wullschleger which establishes that a post-removal amendment to the operative complaint can divest a federal court of jurisdiction. The article discusses the ruling and provides recommendations for defendants to guard against amendments as a type of forum shopping.


ENVIRONMENTAL EDIT

EPA Proposes Human Health Criteria for PFAS in Surface Water

Continuing its focus on PFAS, EPA publishes draft recommended human health water quality criteria for public comment, proposing some PFAS levels far below the limits of detection.

Supreme Court Declines to Hear Challenge to Hawaii Climate Tort

In July 2024, we covered the U.S. Supreme Court’s request for the Solicitor General’s view on a petition for a writ of certiorari asking the Court to find that Honolulu’s climate change lawsuit against fossil fuel companies was preempted by federal law. In December 2024, the Solicitor General responded that the Court should deny the petition as outside the Court’s jurisdiction because the Hawaii Supreme Court had not issued a final ruling. The Solicitor General also argued that the Hawaii Supreme Court had upheld the lower courts’ rulings on bases consistent with federal law. On January 13, 2025, the Court denied the petition without comment, allowing Honolulu’s action to move forward in the trial court.


MDL MINUTE

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

The JPML’s 2024 rulings in product liability actions highlighted opportunities for informal coordination and factors weighing against requests for industry-wide MDLs.


Re:Torts Editorial Committee

Lindsey Cohan
Partner, Austin

Kate Unger Davis
Partner, Philadelphia

Mara Cusker Gonzalez
Partner, New York

Jacqueline Harrington
Partner, New York

Paul LaFata
Partner, New York

Marina Schwarz
Counsel, New York

Emily Van Tuyl
Partner, New York

Danielle Gentin-Stock
Partner, New York

Noah Becker
Associate, Philadelphia
Re:Torts Coordinator