Consumer Product Safety Enforcement To Heat Up Under Biden Administration
- More aggressive enforcement actions and increased regulatory activities under the Biden Administration are here. In President Biden’s first weeks, he is making good on his promise to reverse course from the previous administration’s product safety agenda. So far, we witnessed rare civil penalties against... ›
Ex-Tyson Employees’ COVID-19 Suit to Be Litigated in Federal Court
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
Court Rules the Federal Officer Removal Statute May Provide “Critical Infrastructure” Companies Additional Pathway to Litigate COVID-19 Claims in Federal Court The Eastern District of Texas ruled last week that Tyson, a “critical infrastructure” company, properly removed a COVID-19-related case to federal court under... ›Deepfake Litigation Risks: The Collision of AI’s Machine Learning and Manipulation
By: Erin M. Bosman
AI and machine-learning advances have made it possible to produce fake videos and photos that seem real, commonly known as “deepfakes.” Deepfake content is exploding in popularity. In this article, we explore deepfake technology and the legal risks it presents to companies while providing practical... ›- - Coronavirus (COVID-19), Autonomous Vehicles & Robotics, Public Readiness and Emergency Preparedness Act (PREP Act), Product Liability, MDL, Consumer Products, Class Action, Emergency Use Authorization (EUA), CPSC
How 2020 Changed Product Liability — And What's Next
By: Erin M. Bosman, Julie Y. Park and Alexandra Preece Barlow
Erin Bosman, Julie Park, and Alexandra Preece authored an article for Law360 discussing how product liability regulation and litigation changed in 2020 due to the impact of the COVID-19 pandemic, as well as upcoming trends. “In a year dominated by the pandemic and political... › FDA’s COVID-19 Product Regulation Enforcement Roadmap
By: Erin M. Bosman and Julie Y. Park
Navigating FDA’s regulatory enforcement strategies is paramount to successfully marketing health and medical products for COVID‑19—especially since the pandemic has dominated FDA’s enforcement activity this year. Understanding the patterns and principles behind FDA’s efforts can provide the insight product manufacturers need to avoid FDA... ›- - Coronavirus (COVID-19), Public Readiness and Emergency Preparedness Act (PREP Act), Announcements & Press, Drug & Medical Device, Product Liability, MDL, Class Action
Join Us: Drug & Medical Device Litigation Conference
By: Erin M. Bosman and Julie Y. Park
MoFo is a proud sponsor of the American Conference Institute’s Drug & Medical Device Litigation Conference , the premier products liability litigation event for the pharmaceutical and medical device industries for the past 24 years, to be held virtually on December 8 – 9,... › Once More Into the Jurisdictional Morass: Supreme Court Grapples With Specific Jurisdiction at Oral Argument in Ford Cases
By: Brian R. Matsui
The Supreme Court heard roughly an hour of oral argument on Wednesday in a pair of cases against Ford Motor Company raising important questions about the scope of personal jurisdiction. In Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co.... ›Court Finds No Private Right of Action Under Consumer Product Safety Act for Alleged Violation of Voluntary Standard
By: Erin M. Bosman and Julie Y. Park
The Eastern District of Tennessee recently ruled that there is no private right of action under the Consumer Product Safety Act (CPSA) for an alleged violation of a voluntary product safety standard.[1] The ruling narrows the claims in a pending lawsuit about hoverboards and... ›First Decisions Limit PREP Act Immunity in Coronavirus Context
By: Erin M. Bosman and Julie Y. Park
When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel COVID-19 drugs and medical products. So far, so good: the first court decisions interpreting PREP Act... ›Getting Specific: Supreme Court Once Again Examines Limits of Personal Jurisdiction in Ford Motor Company Cases
By: Brian R. Matsui
Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to exercise personal jurisdiction over defendants. The Supreme Court’s docket has seen a steady stream... ›