No Injury, No Standing: Eighth Circuit Rejects Speculative Design-Defect Suit

The Eighth Circuit reiterated that design-defect claims governed by its “manifest defect” rule require an actual, defect-related injury. Allegations of inherent risk orspeculative benefit-of-the-bargain theories do not confer Article III standing.

In Glasscock v. Sig Sauer, Inc.,No. 25-2707, 2026 WL 2054200 (8th Cir. July 16, 2026), the Eighth Circuit held that, under its “manifest defect” rule, plaintiffs cannot establish standing in design-defect cases unless they were injured by the defectively designed product. The named plaintiff alleged […]

By | Aug 20, 2026 ||

Louisiana Court Holds That Unknowable Product Liability Claims Are Not Discharged In Mass Tort Bankruptcy

Defendants seeking to enforce a bankruptcy discharge against latent product liability claims should endeavor to establish a strong foreseeability record, not just broad plan language. That record should be developed during the bankruptcy case itself.

In Babcock & Wilcox Co. v. Philadelphia Energy Solutions Refining & Marketing LLC, 2026 WL 1724858 (Bankr. E.D. La. June 13, 2026), Philadelphia Energy Solutions (“PES”) and its affiliates asserted product liability claims against the reorganized Babcock & Wilcox (“B&W”) entities. […]

By | Aug 18, 2026 ||

FDA Proposes Mandatory GRAS Notification Requirement

The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would require the submission of a Generally Recognized as Safe (GRAS) notice for the use of a human or animal food substance that is the subject of a GRAS conclusion under 21 U.S.C. § 321(s).1 Specifically, the “Substances Generally Recognized as Safe” proposed rule (GRAS proposed rule) would convert the current voluntary GRAS notification program into a mandatory program. The GRAS proposed […]

By | Aug 16, 2026 ||