PLAC joined the U.S. Chamber of Commerce and others in filing a comment with the U.S. Environmental Protection Agency to object to EPA's decision to include several paid experts for asbestos plaintiffs, but no defense testifying experts, on key peer review committees – the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC) and TSCA SACC Ad Hoc Peer Reviewers – examining a March 2020 Draft Risk Evaluation for Asbestos (Link to report).
The draft report concludes that chrysotile asbestos poses an unreasonable risk to workers in the "processing and industrial use of asbestos-containing diaphragms, processing and industrial use of asbestos-containing sheet gaskets and industrial use of asbestos-containing brake blocks, aftermarket automotive asbestos-containing brakes/linings, other vehicle friction products, and other asbestos containing gaskets."
PLAC's comment asked EPA to modify the composition of the peer review committees to allow EPA to hear from all perspectives and be fully informed. As drafted, the report has the potential to negatively impact the asbestos litigation by bolstering the opinions of plaintiffs' experts in chrysotile asbestos personal injury cases. Read the comment here
Thank you to all who participated in The Red Bee Group’s survey examining how lawyers, paralegals and staff are adapting to remote working during the COVID-19 pandemic, and exploring the resources and support they find the most helpful. To view the results of this survey, click here.
PLAC is a specialty bar association focusing on complex litigation and regulatory issues in the area of product development and product liability. Our not-for-profit association of product manufacturers, suppliers, retailers and select regulatory, litigation and appellate professionals who work to shape the common law of product liability and complex regulation, provide guidance on changing regulations, and strategically help corporations manage risk throughout the entire product lifecycle. PLAC is a unique resource for companies who must defend their products’ integrity and their companies’ reputation.
Due to the ongoing challenges and concerns that COVID-19 presents for all of us, PLAC has made the decision to cancel our in-person Fall 2020 Conference, which was scheduled for September 30 – October 2 in Philadelphia, PA. We have an exciting program planned, however, and we will still be offering this content virtually over the course of the fall. More details will be available in the coming weeks. We hope that we will be able to return to in-person meetings in 2021. Our Spring 2021 Conference is scheduled for April 28-30 at the Four Seasons in Philadelphia, PA, and our Fall 2021 Conference is scheduled for September 29 – October 1 at The Broadmoor in Colorado Springs, CO. While virtual meetings are an excellent way to collaborate and exchange information when in-person meetings cannot take place, nothing replaces a live meeting and we look forward to the day we can all be together again! Please feel free to reach out should you have any questions. Thank you for your continued support, and we look forward to being in touch!
PLAC recently filed a United States Supreme Court brief addressing the most significant unresolved issue about due process limits on state courts’ exercise of personal jurisdiction. In its recent jurisprudence, and most notably Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), the Court made clear that a state may exercise specific jurisdiction over a non-resident corporation only when plaintiff’s claim “aris[es] out of or relat[es] to” defendant’s in-state conduct. In Ford Motor Company v. Montana Eighth Judicial District Court and Ford Motor Company v. Bandemer, (Nos. 19-368, 19-369 consolidated), in-state plaintiffs brought product liability suits against an out-of-state vehicle manufacturer for injuries suffered in an in-state accident even though defendant had not designed, sold or manufactured the vehicle at issue in-state. The Montana and Minnesota Supreme Courts separately found jurisdiction because plaintiffs’ claims “related to” defendant’s in-state sales of similar vehicles, maintenance of dealership arrangements and the like. PLAC’s brief argued that under both the holdings and rationales of the Court’s jurisdictional cases, a court may exercise jurisdiction consistent with due process only if defendant’s in-state conduct forms an essential element of its alleged liability to plaintiff. Oral argument is scheduled for October 7, 2020
PLAC member David R. Geiger of Foley Hoag LLP and his colleague Stephen Stich authored PLAC’s brief.
PLAC's mission is to obtain fairness and balance in the common law of product liability. A primary tool to accomplish this mission is PLAC's Amicus Curiae Program, often called “The heart and soul of PLAC.”
PLAC has filed more than 1,100 amicus briefs, written by some of the nation’s top appellate practitioners. Our briefs have been accepted in virtually every state and federal court in the U.S. They are routinely acknowledged, quoted, and praised by courts in published opinions.
PLAC’s amicus briefs help shape the law for all manufacturers on important issues.
Excuse Me: When Force Majeure or Commercial Impracticability Excuses Contractual Performance
As the recent coronavirus pandemic has illustrated, in an increasingly interconnected business world with just-in-time supply chains, a disruption anywhere along the chain can create substantial and costly ripple effects. This presentation will explore the circumstances under which a force majeure or commercial impracticability defense applies to excuse contractual performance.
Spring 2021 Conference: PLAC's Spring Conference will be held at the new Four Seasons Philadelphia, April 28-30, 2021 in Philadelphia, PA. Fall 2021 Conference: PLAC's Fall Conference will be held at the Broadmoor, September 29-October 1, 2021 in Colorado Springs, CO.
July 30 at 4:00 PM ET: Manufacturing & Supply Chain Issues and Liability for New/Different Products Manufactured in Response to COVID-19 August 27 at 4:00 PM ET: Practice Challenges During Remote Work and COVID-19 Related Employment Issues
Questions? Email us at plac@plac.com.
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