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Preventing and Defending Claims

Consumer Claims and Product Liability Defense Law Blog

Discussing consumer claims and product liability legal matters.

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Jun 10, 2020

COVID-19-Related Litigation Explodes Leading into May and June 2020

As a follow-up to our April 23, 2020, blog post, “Be Prepared for an Onslaught of Coronavirus-Related Lawsuits, we are sharing the “COVID-19 Impact Analyzer” report from Lex Machina® on general and COVID-19-related case filing statistics for covered jurisdictions and courts with the permission of Lex Machina®.» Read More

Jun 01, 2020

Defending Coronavirus-Related Lawsuits in the U.S. – A U.S. Class Action Perspective

The coronavirus pandemic has changed the way that companies must do business to survive. This change occurred over an extremely short period of time, with little notice, and while companies had limited resources. This unusual situation caused companies to make decisions on an expedited basis with limited opportunity for careful contemplation and forced them to set priorities quickly.» Read More

Apr 23, 2020

Be Prepared for an Onslaught of Coronavirus-Related Lawsuits

The coronavirus pandemic has changed the way that companies must do business to survive. This change occurred over an extremely short period of time, with little notice, and while companies had limited resources. This unusual situation has caused companies to make decisions on an expedited basis with limited opportunity for careful contemplation and forced them to set priorities quickly.» Read More

Mar 17, 2020

Coronavirus (COVID-19) Alert: New Jersey Consumer Fraud Act Prohibits Price Gouging

You’ve likely heard about people hoarding pallets of hand sanitizer or toilet paper during the past few weeks due to concern over the coronavirus (COVID-19) pandemic. In fact, authorities in Tennessee recently investigated a man who stock-piled 17,700 bottles of hand sanitizer and was suspected of “price gouging,” or unreasonably inflating the cost of a scarce and necessary product during this time of crisis due to the coronavirus.» Read More

Dec 12, 2019

The FCC Just Blew a Hole in the Side of the SS TCPA (Junk Fax) Class Action and It’s Taking on Sea Water

On December 9, 2019, The Federal Communications Commission (“FCC”) adopted and released an essential Declaratory Ruling DA 19-1247 in response to a petition brought by Amerifactors Financial Group, LLC, under CG Dockets No. 02-278, & No. 05-338. The Declaratory Ruling struck a major blow to attorneys attempting to certify classes of fax recipients under the Telephone Consumer Protection Act (“TCPA”), as amended by the Junk Fax Protection Act (“JFPA”).» Read More

Dec 03, 2018

The Defense Research Institute Product Liability Conference – Austin, TX – February 6-8, 2019

If you are a manufacturer, distributor, or seller of a widely-distributed product, consider attending the DRI Product Liability Conference in Austin, Texas, February 6-8, 2019.  More information about the conference is available here.  The conference is well-attended annually by many product liability professionals and is a great place to network and learn new strategies and tips. » Read More

Nov 30, 2018

Important Information for Product Manufacturers and Distributors Sending Products to Europe, the Middle East, or Africa

Meritas® just published its “Guide to Defective Products in EMEA,” a handy summary of some of the laws and regulations concerning defective products in Europe, the Middle East, and Africa.   If your company does business in these regions, the guide is a good preliminary reference tool.» Read More

Aug 01, 2018

The New Jersey Supreme Court Just Clarified New Jersey’s Standards for Determining the Admissibility of Scientific/Expert Evidence

In a much-anticipated decision, the New Jersey Supreme Court just issued its opinion in In re Accutane.  The text of the opinion is available here.  The Court considered and clarified the New Jersey state court standard for “the admissibility of scientific evidence under the New Jersey Rules of Evidence.” » Read More