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  1. AI Issues are Potential Wild West of Mass Tort Territory – The increasing use of Artificial Intelligence may cause the emergence of mass tort claims rooted in defective product design or defective code.
  2. Increased Use of Public Nuisance – The expansion of the use of Public Nuisance as a means of assigning liability in mass torts is on the rise – particularly as the activity level of state attorneys generals increase. Rooted in real property jurisprudence, the doctrine is now at the center of several high-profile mass tort cases involving public health issues that do not fit neatly into the legal definition of strict liability. A Public Nuisance is one that has the potential to affect the health, safety, welfare, and/or comfort of the general public.
  3. Right to Repair Takes Center Stage in More State Legislatures – The debate in state capitols over user safety versus right to repair issues is expected to continue and pick up speed.
  4. New PFAS Claims Emerge – New PFAS-based claims are targeting consumer goods manufacturers and sellers, emphasizing false advertising, consumer protection violations, and deceptive statements made in marketing.
  5. Fallout from Changes to Federal Rule of Evidence 702 – Two tweaks to the rule may impact the use of expert testimony in federal courts. The changes are: (1) a court may not admit expert testimony unless the proponent establishes its admissibility by a preponderance of the evidence, and (2) a court must find that an expert’s opinion follows from a reliable application of the methodology to the facts at issue.

About Greenberg Traurig’s Products Liability & Mass Torts Litigation Practice: The Products Liability & Mass Torts Litigation Practice is an integral part of Greenberg Traurig’s 600-plus member global Litigation Practice. The team is nationally recognized for its dynamic courtroom presence, responsiveness to clients, and deep subject matter knowledge. The practice recently won Law360’s 2022 Practice Group of the Year Award for Products Liability. Additional recent recognitions include national rankings for “Product Liability & Mass Torts” from Chambers USA and for “Product Liability & Mass Torts Defense” from The Legal 500 United States; and a first-tier national ranking for “Mass Tort Litigation / Class Actions – Defendants” from U.S. News – Best Lawyers® “Best Law Firms.” In addition, Greenberg Traurig is recognized as a “Product Liability Litigation Leader” in the 2024 BTI Litigation Outlook, published by BTI Consulting Group.

Tags: GT Insight, mass torts, product liability, Products Liability & Mass Torts
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Photo of Frank Citera Frank Citera

Francis A. “Frank” Citera is a nationally-recognized trial lawyer representing clients in product liability, toxic torts, class actions and other complex litigation matters in federal and state courts. Frank has over 35 years of experience and is co-chair of the firm’s Product Liability

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Francis A. “Frank” Citera is a nationally-recognized trial lawyer representing clients in product liability, toxic torts, class actions and other complex litigation matters in federal and state courts. Frank has over 35 years of experience and is co-chair of the firm’s Product Liability and Mass Torts Litigation Practice and co-chairs the Chicago Litigation Practice. An experienced architect of litigation strategies, Frank defends companies in various industries and business sectors including retailers such as Albertson’s, Claire’s Stores, Inc., Sears, and Whole Foods to technology and electronics companies like Qualcomm, Sony Electronics, and Underwriters Laboratories. He has achieved success in defeating class certification, disputing alleged claims in court, and obtaining summary judgments and outright dismissals prior to trial.

Ranked in Chambers USA for Product Liability: Consumer Class Actions (Band 2), Frank handles multi-state consumer class actions and often serves as national coordinating counsel for companies facing multidistrict and overlapping class action proceedings. He advises clients on risk management, crisis management and communications, and product safety matters and has appeared before federal and state agencies such as the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the Food and Drug Administration, and the National Transportation Safety Board. Frank has been recognized by Chambers USA and Leading Lawyers Network, and The Legal 500 United States describes him as being “highly experienced and capable” and “renowned for his toxic tort and product liability work.”

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Photo of Gretchen Miller Gretchen Miller

Gretchen N. Miller is the Co-Chair of the Products Liability & Mass Torts Practice and focuses her practice in toxic tort, product liability, and class action litigation in state and federal courts. She is a trial lawyer with experience, both as first and

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Gretchen N. Miller is the Co-Chair of the Products Liability & Mass Torts Practice and focuses her practice in toxic tort, product liability, and class action litigation in state and federal courts. She is a trial lawyer with experience, both as first and second chair trial counsel, defending manufacturers against claims of product defect for industrial, automotive, and medical products on a national basis. As national counsel, Gretchen oversees products liability, toxic tort, and commercial litigation nationwide and counsels clients on risk management strategies. She also has wide-ranging experience litigating complex and mass tort litigation, both in the products liability and toxic tort context.

In addition to her litigation practice, Gretchen counsels manufacturers, distributors and retailers regarding product safety issues and regulatory compliance. Her practice includes counseling clients on compliance with federal and state regulations, including regulations enforced by the Consumer Product Safety Commission and the National Highway Traffic Safety Administration, and providing guidance with recalls and recall procedures.

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