- AI Issues are Potential Wild West of Mass Tort Territory – The increasing use of Artificial Intelligence may cause the emergence of mass tort claims rooted in defective product design or defective code.
- Increased Use of Public Nuisance – The expansion of the use of Public Nuisance as a means of assigning liability in mass torts is on the rise – particularly as the activity level of state attorneys generals increase. Rooted in real property jurisprudence, the doctrine is now at the center of several high-profile mass tort cases involving public health issues that do not fit neatly into the legal definition of strict liability. A Public Nuisance is one that has the potential to affect the health, safety, welfare, and/or comfort of the general public.
- Right to Repair Takes Center Stage in More State Legislatures – The debate in state capitols over user safety versus right to repair issues is expected to continue and pick up speed.
- New PFAS Claims Emerge – New PFAS-based claims are targeting consumer goods manufacturers and sellers, emphasizing false advertising, consumer protection violations, and deceptive statements made in marketing.
- Fallout from Changes to Federal Rule of Evidence 702 – Two tweaks to the rule may impact the use of expert testimony in federal courts. The changes are: (1) a court may not admit expert testimony unless the proponent establishes its admissibility by a preponderance of the evidence, and (2) a court must find that an expert's opinion follows from a reliable application of the methodology to the facts at issue.
About Greenberg Traurig’s Products Liability & Mass Torts Litigation Practice: The Products Liability & Mass Torts Litigation Practice is an integral part of Greenberg Traurig’s 600-plus member global Litigation Practice. The team is nationally recognized for its dynamic courtroom presence, responsiveness to clients, and deep subject matter knowledge. The practice recently won Law360’s 2022 Practice Group of the Year Award for Products Liability. Additional recent recognitions include national rankings for “Product Liability & Mass Torts” from Chambers USA and for “Product Liability & Mass Torts Defense” from The Legal 500 United States; and a first-tier national ranking for “Mass Tort Litigation / Class Actions – Defendants” from U.S. News – Best Lawyers® “Best Law Firms.” In addition, Greenberg Traurig is recognized as a “Product Liability Litigation Leader” in the 2024 BTI Litigation Outlook, published by BTI Consulting Group.