Share on LinkedInShare on LinkedIn

ARTICLE · 03 OCTOBER 2025

Byte-Size Question, Big Stakes: Ohio To Decide If OPLA Covers Apps

Dechert
Dechert
Contributor
Dechert

Dechert

Dechert helps business leaders lead For more than 150 years, we’ve advised the innovators who move...

View firm profile
Explore more from Dechert

The law regarding whether apps are products subject to product liability statutes remains unsettled, but the determination of their status will have a significant impact on the scope of future claims against developers.

United StatesLitigation, Mediation & Arbitration
Jay Bhimani
Jay Bhimani
Douglas E. Fleming III
Douglas E. Fleming III
Katherine Unger Davis
Katherine Unger Davis

Key Takeaways

The law regarding whether apps are products subject to product liability statutes remains unsettled, but the determination of their status will have a significant impact on the scope of future claims against developers.

Earlier this summer, in the Northern District of Ohio, Judge Philip Calabrese issued an order certifying the following question to the Ohio Supreme Court: "Does the Ohio Product Liability Act abrogate common-law claims alleging personal injuries from the use of a digital app, which is not a 'product' within the meaning of the Act?"Certification of a Question of Law,Deditch v. Uber Techs., Inc., No. 1:24-cv-01488 (N.D. Ohio July 14, 2025), ECF No. 18 at 7.

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.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tenth Circuit Stays Nationwide Eligibility Injunction For Class Of 2022 In Wisne v. NCAA

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.
United StatesLitigation, Mediation & Arbitration
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Show Your Work: California Federal Court Denies Preliminary Approval Of Data Breach Class Action Settlement

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

California Federal Court Denies TikTok’s Motion To Dismiss Children’s Privacy Claims Based On Prior Class Action Settlements

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Video

MR. NUMBER 1 WINS AGAIN!: Concora Credit To Pay $9.375MM To Settle TCPA Wrong Number Class Action As Another Company Bows To Greenwald (Video)

Concora Credit has agreed to pay $9.375 million to settle a TCPA class action lawsuit over wrong number robocalls, with prominent TCPA attorney Mike Greenwald securing another major victory. The settlement includes over $5 million for approximately 147,000 class members, $3 million in attorney fees, and a commitment to spend at least $1 million on TCPA compliance over three years.
United StatesLitigation, Mediation & Arbitration
Troutman Amin LLP
Troutman Amin LLP
Article

Florida Federal Court Holds That The TCPA’s Do-Not-Call Provisions Do Not Apply To Cell Phone Users

A federal judge in Florida has ruled that cell phone users cannot sue under the TCPA's do-not-call provisions, determining that the FCC exceeded its authority when it extended protections to wireless subscribers in 2003. The decision challenges decades of regulatory interpretation and could fundamentally reshape telecommunications privacy litigation if adopted by other courts.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

Sterling v. City Of Jackson And The Limits Of Substantive Due Process In Environmental Harm Cases

The Fifth Circuit's en banc decision in Sterling v. City of Jackson tests whether residents exposed to lead-contaminated municipal drinking water can sue under Section 1983 for substantive due process violations. In a 10-5 ruling, the court held that environmental harms caused by government mismanagement belong to tort law and the political process, not constitutional claims, creating a significant circuit split with implications for how environmental compliance failures by public officials are litigated.
United StatesLitigation, Mediation & Arbitration
Arnold & Porter
Arnold & Porter
Article

The First Major AI Meeting Assistant Lawsuit: Practical Lessons From The Otter.ai Litigation

A consolidated class action lawsuit against Otter.AI reveals how AI products that collect and train on user data face significant legal exposure under privacy statutes, unfair competition laws, and invasion of privacy torts. The case demonstrates that privacy policies alone may not shield companies from liability, particularly when they shift consent obligations to customers or obscure how user data trains AI systems.
United StatesLitigation, Mediation & Arbitration
ZwillGen
ZwillGen
Article

CLO Equity Fund Market 2026 Update: Clearing Skies

The global CLO equity fund market is experiencing a cautious reopening after a period of tight arbitrage and challenging economics. With U.S. CLO issuance approaching $230 billion in the first half of 2026 and major platforms successfully raising billion-dollar funds, captive and third-party CLO equity fund structures are evolving rapidly as managers deploy sophisticated structuring technologies to provide stable execution capacity and attract institutional capital seeking diversified credit exposure with s
United StatesFinance and Banking
Dechert
Dechert
Article

CFTC Publishes Its 2026 Regulatory Priorities Agenda

The CFTC has released its 2026 regulatory priorities agenda under new Chairman Michael Selig, outlining significant proposed changes to commodity pool operator exemptions, large trader reporting requirements, and foreign exchange product classifications. Asset managers participating in commodities and derivatives markets will need to understand how these regulatory modifications may affect their registration obligations, reporting burdens, and treatment of various financial instruments.
United StatesFinance and Banking
Dechert
Dechert
Article

Preference Given: Preferred Equity's Growing Reach Across Structured Finance

Preferred equity is transforming structured finance by enabling sponsors to attract third-party capital below rated debt without diluting residual positions or triggering additional rating requirements. This analysis examines how CFOs, CLOs, NAV facilities, and other securitization vehicles are deploying bespoke preferred structures to widen investor pools while preserving manager incentives. What contractual mechanics, legal considerations, and market dynamics are driving this shift from niche accommodatio
United StatesFinance and Banking
Dechert
Dechert
Article

Concierge Medicine And Medical Aesthetics: The Private Equity Playbook For A US$590 Billion Opportunity

Private equity investment in concierge medicine, aesthetic dermatology and medispas has surged due to cash-pay economics, recurring revenue models and fragmented markets ripe for consolidation. However, navigating state-by-state corporate practice of medicine prohibitions, licensure requirements and evolving GLP-1 regulations requires sophisticated legal structuring to protect valuations and enable successful exits.
United StatesFood, Drugs, Healthcare, Life Sciences
Dechert
Dechert
Article

Duration Is Not Destiny: The NAIC's Proposal For Multi-Collateral Structured Credit Investments

The NAIC has proposed significant revisions to statutory accounting principles that would restrict bond treatment for multi-collateral structured credit investments deemed to carry "significant embedded asset-liability management risk." This analysis examines the regulatory concerns driving the proposal, evaluates whether the proposed framework appropriately addresses those concerns, and identifies potential unintended consequences for insurance company investors and the broader structured credit markets.
United StatesFinance and Banking
Dechert
Dechert
Article

The IPI: Europe Finally Gains A Reciprocity Tool For Public Procurement

The European Union's International Procurement Instrument has issued its first implementing measure, targeting Chinese medical device suppliers with total exclusion from EU public procurement contracts valued at €5 million or more. The Lyon Administrative Court's landmark ruling establishes that contracting authorities must conduct genuine diligence into bidders' commercial substance, even when registered in the EU, to determine their true origin and eligibility to participate in tenders.
European UnionGovernment, Public Sector
Dechert
Dechert