Extended Producer Responsibility (EPR) laws continue to proliferate in the United States, presenting significant operational challenges for consumer packaged goods companies. Earlier in 2024, Minnesota became the sixth state to
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Trademark Owner Liable to Consumer for Product Defect, European Court of Justice Rules
A case that originated in Finland concerned liability for a defective product and the concept of “producer” under EU trademark law. A coffee machine (the Philips Saeco Xsmall HD8743/11) manufactured…
Continue Reading Trademark Owner Liable to Consumer for Product Defect, European Court of Justice RulesStrategies for Defending Issue Class Actions
Historically, plaintiffs seeking monetary damages and wishing to pursue their case as a class action have sought certification under Federal Rule of Civil Procedure 23(b)(3), but this has become increasingly…
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The Illinois Supreme Court Strikes a Blow to Litigation Tourism in the State
The Illinois Supreme Court issued a decisive blow on June 4, 2020, to destination plaintiffs seeking to forum-shop in Illinois. Following the U.S. Supreme Court’s lead, the Illinois top court…
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New York’s ‘Toxic Toys’ Law: Governor Signs Legislation Regulating Chemicals in Children’s Products, But Changes to the Law Are Already Coming
On Feb. 7, New York Governor Andrew M. Cuomo signed legislation regulating the presence of toxic chemicals in children’s products and apparel. The governor agreed to the legislation – the…
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OSHA Is Raising Its Maximum Penalty Amounts, Again!
On Jan. 10, 2020, the U.S. Occupational Safety and Health Administration (OSHA) announced another increase in the maximum civil monetary penalties for violations of federal Occupational Safety and Health standards…
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State of California Passes Law Limiting Sugary Drinks Offered in Children’s Meals
On Jan. 1, 2019, a new law aiming to limit children’s intake of sugary beverages became effective. California Governor Gavin Newsom signed the “Children’s Meals” law on Sept. 20, 2018,…
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Illinois Supreme Court Holds No Showing of Actual Harm Needed to State Claim Under Biometric Information Privacy Act
In a unanimous decision issued Jan. 25, 2019, the Illinois Supreme Court held that a plaintiff need not plead or prove actual harm to bring a claim under Illinois’ Biometric…
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The Dutch Act on Collective Settlement of Mass Claims (WCAM) Goes Global Again: A Forum Outside the United States to Resolve Mass Claims Disputes Internationally
On March 14, 2016, Ageas (formerly, Fortis Bank) and several foundations representing the Fortis shareholders announced a EUR 1.204 billion settlement of shareholder claims and they are now seeking to…
Continue Reading The Dutch Act on Collective Settlement of Mass Claims (WCAM) Goes Global Again: A Forum Outside the United States to Resolve Mass Claims Disputes Internationally