Just weeks after a federal judge called the science behind the alleged carcinogenicity of glyphosate “shaky,” a California state court jury hammered Monsanto with a 289 million dollar verdict, blaming a former groundskeeper’s non-Hodgkin’s lymphoma on his exposure to a chemical. Read our full alert.
Continue Reading Retail Industry on High Alert After $289 Million Glyphosate Verdict Against Monsanto

On August 29, 2018, despite industry criticism, the California state legislature passed AB 2998, which will require that levels of chemical flame retardants in covered products be below 1,000 parts per million.
Continue Reading California Bans Use of Most Chemical Flame Retardants in Children’s Products and Furniture as the CPSC Prepares to Take Action on the Flammability of Upholstered Furniture

In a move affecting retailers in the furniture and other wood-based industries, the EPA recently issued a series of amendments to its Final Rule implementing the Formaldehyde Standards for Composite Wood Products Act, which added Title VI to the Toxic Substances Control Act. The Formaldehyde Final Rule sets formaldehyde emissions standards for composite wood products and includes requirements for the testing, third-party certification, import certification and labeling of covered products by manufacturers of those products.
Continue Reading Recent Amendments to EPA’s Formaldehyde Emissions Final Rule Affect Furniture Industry

On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.
Continue Reading Supreme Court Again Tightens Jurisdictional Requirements for Claims Against Out-of-State Defendants

On January 3, 2017, a Ninth Circuit panel weighed in on a growing split among circuits over Rule 23’s ascertainability requirement – in particular, the extent to which a plaintiff must prove there is an “administratively feasible” means of identifying class members.
Continue Reading Ninth Circuit Widens Circuit Split on Rule 23’s Ascertainability Requirement

On August 29, 2016, in Bristol-Myers Squibb v. Superior Court, the California Supreme Court left many retailers wondering what the 2014 decision in Daimler AG v. Bauman may mean for the exercise of specific jurisdiction in cases involving nationwide courses of business conduct affecting both resident and nonresident plaintiffs.
Continue Reading CA Supreme Court Raises Questions About Post-Daimler Bounds of Specific Jurisdiction

President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act into law in June 2016, amending the core provisions of the Toxic Substances Control Act for the first time in nearly 40 years.
Continue Reading Major Implications for Retail Industry Following Overhaul of Toxic Substance Control Act

Last month, the American Tort Reform Foundation (“ATRF”) released the 2015-2016 edition of its annual “Judicial Hellholes” report. Each year, the report identifies the venues it deems the least favorable for defendants and highlights notable pro-plaintiff rulings and practices in each jurisdiction.
Continue Reading ATRF Names Nine Jurisdictions as “Judicial Hellholes” for Defendants