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 | August 16th, 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 | August 13th, 2026 ||

CPSC Takes Another Step To Advance Draft Rule On Lithium-Ion Batteries Used In Micromobility Products

The U.S. Consumer Product Safety Commission’s (CPSC’s) proposed safety standard for lithium-ion batteries used in micromobility products is back on the agency’s agenda.

The Acting Chairman and current sole Commissioner of the CPSC, Peter Feldman, issued a statement announcing several advancements of “critical safety standards” to the Office of Information and Regulatory Affairs (OIRA) pursuant to Executive Order No. 14215, “Ensuring Accountability for All Agencies,” including the CPSC’s draft proposed rule on lithium-ion batteries used in micromobility […]

By | October 6th, 2025 ||