The Estate of Nicholas Barone trial in Bridgeport Superior Court in Connecticut before Judge William Clark concluded with a $15 million plaintiff’s verdict on 5/16/2024. The jury also awarded punitive damages, the exact amount to be determined by the trial judge at a later date. Upon oral argument and review of the parties’ briefs Judge
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Kids Online Safety Act: Impacts on Online Platforms in the Virtual Age
On June 21, 2023, U.S. Senator Jon Ossoff introduced the Kids Online Safety and Privacy Act (the “Act”) (Senate Bill 2073), which is legislation focused on online experiences of minors. Recently passed by both the House and Senate, the Act soon awaits President Biden’s review. If signed into law, it will impose significant obligations on…
$6 Billion Verdict Dodged: Formula Giants Cleared of Liability in Baby NEC Case
A jury in St. Louis, Missouri was recently asked to award over $6 billion in damages against baby formula manufacturers defendants in a lawsuit that alleged the defendants’ specialized infant formulas for premature babies caused the development of necrotizing enterocolitis (NEC), a potentially fatal condition. NEC is a severe gastrointestinal condition that primarily affects premature…
American Tort Reform’s 2025 Top 10 “Judicial Hellholes” for Defendants
Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort lawsuits in the United States. The 2024-2025 Judicial Hellhole rankings crown a new #1 Judicial Hellhole (thanks in large part to a 10-figure…
NJ Court Rules Clickwrap Arbitration Clause Enforceable
McGinty v. Zheng, No. A-1368-23, 2024 WL 4248446 (N.J. Super. Ct. App. Div. Sept. 20, 2024)
On March 31, 2022, a lawyer and her husband sustained personal injuries after their rideshare driver ran a red light and collided with another vehicle.[1] The lawyer underwent numerous surgeries and other procedures after sustaining cervical and lumbar…
2024 Judicial Hellholes and Associated Nuclear Verdicts
The American Tort Reform Foundation (ATR) has published its 2023-2024 Judicial Hellholes Executive Summary. This annual report highlights prominent jurisdictions across the United States known for enabling iniquitous lawsuits, welcoming litigation tourism, and expanding civil liability for defendants across the country.…
TikTok Litigation: The Next Frontier of Mass Tort
The recent wave of lawsuits against TikTok by over a dozen states and the District of Columbia[1] marks a significant moment in the ongoing scrutiny of social media platforms and their impact on youth mental health. The lawsuits allege that TikTok’s design and algorithm are intentionally addictive, contributing to various psychological harms among young…
Americans’ Growing Appetite for Risk and Shrinking Responsiveness to Potential Product Issues
Over one-third of Americans (36%) now report that they would continue to use products even after a recall, according to recent data collected by MasterControl, a provider of quality management and manufacturing software. The proportion of individuals continuing to use recalled products increases in younger age groups: 45 percent of Millennials (born from 1980…
Circuit Split: 3rd vs 9th & 11th Circuits on FIFRA Duty to Warn Claims
The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). To reach the conclusion, the 3rd Circuit diverged from the 9th and 11th Circuits, thus…
Federal Agency Implements First-Ever Product Safety Standards for Infant Nursing Pillows
The U.S. Consumer Product Safety Commission (CPSC) announced a new rule on September 18, 2024, which will implement the first-ever federal safety standards for infant nursing pillows.[1] This rule comes in response to 154 infant deaths and 64 serious injuries believed to be caused by these products between 2010 and 2022.[2] These deaths…