Product Liability & Mass Torts Digest
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May 30, 2025
|4 min read
Toxic Tort Takedown: Court Demands Biologically Plausible Causation in Uniform Chemical Case
The District Court for the Northern District of Illinois recently excluded plaintiffs’ experts who failed to specifically identify the allegedly harmful chemical or
allegedly harmful dose of that chemical. As a result, the court granted summary judgment for the defendants, Twin Hill Acquisition et. al., and dismissed class
action claims brought on behalf of current and former American Airlines (AA) employees.
allegedly harmful dose of that chemical. As a result, the court granted summary judgment for the defendants, Twin Hill Acquisition et. al., and dismissed class
action claims brought on behalf of current and former American Airlines (AA) employees.
October 30, 2023
|5 min read
Reason Prevails for McDonald’s and Wendy’s in Burger Beef
On September 30, 2023, U.S. District Judge Hector Gonzalez dismissed a proposed class action accusing McDonald’s Corporation and Wendy’s International,
LLC of exaggerating the size of their hamburgers in advertisements, ruling that reasonable customers wouldn’t be misled by the companies’ advertisements.
LLC of exaggerating the size of their hamburgers in advertisements, ruling that reasonable customers wouldn’t be misled by the companies’ advertisements.
December 16, 2021
|3 min read
Texas District Court Allows Class Action Against Apple to Proceed
In August 2018, Robert Franklin bought an iPhone 6 from his local Walmart Supercenter in Sulphur Springs, Texas. A year later, according to Franklin, his
phone blew up—but not in the metaphorical sense—injuring his eyes and wrist. Franklin brought design defect, manufacturing defect, failure-to-warn, and
unfair practices claims in the U.S. District Court for the Eastern District of Texas on behalf of himself and all other iPhone 6 (and 6 Plus, 6S, and 6...Read more
phone blew up—but not in the metaphorical sense—injuring his eyes and wrist. Franklin brought design defect, manufacturing defect, failure-to-warn, and
unfair practices claims in the U.S. District Court for the Eastern District of Texas on behalf of himself and all other iPhone 6 (and 6 Plus, 6S, and 6...Read more
October 8, 2020
|4 min read
Plaintiffs Argue Primary Jurisdiction Doctrine Does Not Apply in CBD Class Actions
The primary jurisdiction doctrine continues to be a hotly litigated issue in class actions brought against consumer product companies selling products
containing cannabidiol (CBD). While many courts have adopted the primary jurisdiction doctrine to stay these cases pending completion of the U.S. Food and
Drug Administration (FDA) rulemaking for CBD products, some plaintiffs have recently requested that the stay on these cases be lifted.
containing cannabidiol (CBD). While many courts have adopted the primary jurisdiction doctrine to stay these cases pending completion of the U.S. Food and
Drug Administration (FDA) rulemaking for CBD products, some plaintiffs have recently requested that the stay on these cases be lifted.
July 31, 2020
|4 min read
The Primary Jurisdiction Doctrine and CBD Class Actions
In just a few short years, products containing cannabidiol (CBD) have become a mainstay of the consumer products market in areas ranging from cosmetics
to food and beverage. Growing consumer use of CBD has led to numerous class actions against companies selling CBD products. Typically, the lawsuits allege
various claims, including false and misleading marketing and labeling of CBD products in violation of state consumer protection statutes.
to food and beverage. Growing consumer use of CBD has led to numerous class actions against companies selling CBD products. Typically, the lawsuits allege
various claims, including false and misleading marketing and labeling of CBD products in violation of state consumer protection statutes.
About This Blog
Winston & Strawn’s Product Liability & Mass Torts Digest provides updates, insights, and practical tips on a full spectrum of issues related to product liability and mass torts litigation.
