LouisianaCourt 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 | September 16th, 2026 ||

FDA Issues Draft Guidance On Container Closure Systems For Human Drugs And Biological Products

On August 14, 2026, the US Food and Drug Administration (FDA) announced the availability of a new draft guidance for industry on “Container Closure Systems for Human Drugs and Biological Products” (the Draft Guidance).1 Once finalized, this guidance will supersede FDA’s 1999 guidance, “Container Closure Systems for Packaging Human Drugs and Biologics,” and the related 2002 Questions and Answers document. While the 1999 guidance focused on the information on container closure systems (CCSs) that should be submitted to FDA […]

By | September 13th, 2026 ||

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 | August 19th, 2026 ||