A long time ago, in a mass tort far, far away, the plaintiffs' lawyers were not content with collecting plaintiffs from within the US. They also brought a putative product liability class action in federal court.
A long time ago, in a mass tort far, far away, the
plaintiffs' lawyers were not content with collecting plaintiffs
from within the US. They also brought a putative product liability
class action in federal court in the U.S. on behalf of European
plaintiffs. As a result, your bloggers learned a little bit (a very
little bit) about product liability law and
collective/representative actions in Europe.
Our main take-away from the then-applicable E.U. Product
Liability Directive was that it seemed like something academics
would dream up in their ivory towers, far removed from the reality
of litigating product liability actions in the United States. A
great deal of debate went into issues that the E.U. drafters seemed
to believe would have case-determinative effect, whereas in our
experience litigation is never so easily resolved.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.