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ARTICLE · 20 NOVEMBER 2024

The New EU Product Liability Directive

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.

United StatesConsumer Protection

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.

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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