FTC Gets Serious About Consumers’ Right To Repair Their Products

The Federal Trade Commission (FTC) is following through on its promise to crack down on violations of consumers’ right to repair the products they buy. Back in July 2021, the FTC announced that it would ramp up enforcement against companies who unfairly prevented customers from fixing products themselves or choosing their own repair shops. In July 2022, it announced actions accusing Harley-Davidson and MWE Investments, LLC (a manufacturer of Westinghouse outdoor power equipment) of doing […]

By | July 27th, 2022 ||

Enforcing The Line Between Product Liability And Public Nuisance

The Situation: Courts are increasingly confronted with attempts by the plaintiffs’ bar to repackage traditional product liability claims as public nuisance claims, as a ploy to circumvent various elements of product liability law.

The Result: Jones Day won a significant victory for Chevron in paraquat multidistrict litigation (“MDL”), convincing the MDL court to reject the public nuisance claims as disguised product liability claims.

Looking Ahead: After some outlier decisions expanding the scope of public nuisance liability beyond its traditional […]

By | May 15th, 2022 ||

Recyclability, Liability For Plastics Producers: Cases To Watch In 2022

There is a rising trend of lawsuits being filed across the country against plastic products producers and sellers alleging the companies are violating state consumer protection statutes related to labeling. While litigation is still in the early stages for many of the cases, rulings are anticipated to be made this year that could have a far-reaching impact on plastics products manufacturers and sellers.

Here are three key cases to watch in 2022 that will impact […]

By | April 8th, 2022 ||