Faegre Drinker’s Post

A new CMS report reveals that a record 133 class action claims were filed across Europe in 2023, with approximately 30% of these claims involving product liability, consumer law, or personal injury. As the Representative Actions Directive gains traction in more EU member states and England further develops its legal processes, the growth in class actions is anticipated to continue and even speed up. You can learn more in this alert by my Faegre Drinker colleagues Christopher Jefferies and Patrick Reilly.

"I included them just in case" (i.e., just in case the litigation partners at my law firm each want to buy a new boat). LATER EDIT: For those who aren't triggered by this meme because they've lived this nightmare, I want to share my non-sarcastic advice on responding if you see this in a contract. In my view, whichever party added that language is the one who has to identify for the other every place that the contract that provides otherwise. If they do identify a place that makes sense and is reasonable, replace the "herein" with the section reference where it is otherwise provided (i.e., "Except as provided in Section 11.3 (Audits)"). You have to keep in mind and advise the client that the other place (in this example Section 11.3) prevails over whatever clause has this "except as otherwise provided" language in it. My rule is that if they can't identify any other provision or if they respond with "just in case," I will delete the phrase. Of course, sometimes the other side won't delete it even though there is no specific provision that it covers. Then, you just have to decide how terrible it is if this particular concept is unclear in the contract. Sometimes we have to live with this nonsense to get the deal done. That said, it is a dealbreaker to me, and I never ever EVER agree, to include "except as otherwise provided" in an indemnity or limitation of liability (unless it's pointing to the exception in the same section). #TheContractStruggleIsReal #HowToContract #Contracts

On July 10, 2024, the Minnesota Supreme Court joined the ranks of approximately 34 other states. Minnesota now recognizes a common law cause of action for the tort of Negligent Selection of an Independent Contractor. Companies that rely on independent contractors to assist them in their work are now exposed to additional liability. In the Alonzo v. Menholt case, the issues before the Supreme Court were: (1) whether the tort of negligent selection of an independent contractor should be recognized in Minnesota, and (2) whether a company that retained an independent contractor whose driver caused personal injuries to a third-party while transporting its products should be held directly liable for those injuries. The Court recognized the new cause of action but was evenly split on liability. The Court cautioned, however, that whether liability can be established is “fact-dependent” and “turns on the circumstances of each individual case.” This creates potential liability for companies relying on independent contractors. Exposure to such liability shifts depending on the circumstances of each case. Continue reading this Legal Alert, co-authored by Minneapolis Co-Managing Partner CJ Schoenwetter and Minneapolis Associate Thomas Johnson, here: https://bit.ly/3zAmiTn #LegalNews #LegalAlert #MNSupremeCourt #ProductDefense #ProductLiability #Law #LawFirm

Wrapping up the Director Information Series today with our final article that looks into personal liability for contraventions of the competition and consumer laws. If you would like further information, please reach out to us. #directorinformationseries #personalliability #insolvency #competitionlaw #consumerlaw Shane Williamson | Julien Castaldi | Nell McGill | Nick Christiansen | Scott McDonald

Know Your Rights at Work: If you've experienced an accident at work, it's crucial to understand your rights. St Helens Law offers expert advice on employer's liability, helping you navigate through your options for claiming compensation. To discuss your options book your FREE consultation using https://lnkd.in/ecxzG7QJ #legalteam #legalservice #legaladvice #solicitors #personalinjury #property #commericalproperty #professionals #law #uklaw #sthelens #conveyancing

Welcome to the 10th and final episode of our Director Information Series. In our final article, we highlight that directors are at risk of personal liability for contravening competition and consumer laws. We take you through several examples including:    **a director being primarily liable for misleading and deceptive conduct **a director deemed liable for cartel conduct by involvement, and   **a director knowingly concerned in a company's conduct. We also look at possible penalties and remedies, and prohibited indemnities. #AusLaw #Law #Directors #DirectorsLife #CorporateLaw #CompanyLaw #CompetitionLaw #ConsumerLaw Nick Christiansen Shane Williamson Nell McGill Scott McDonald Julien Castaldi https://lnkd.in/gVJeYX9J

Here is a wrap-up of recent consumer law developments with significant implications for doing business: 1. When can a party be “knowingly concerned” in another’s contravention of the CCA? Here we analyse practical implications of a recent High Court judgment, including issues of ancillary liability: https://lnkd.in/guCeEftD 2. What’s the latest on greenwashing? Here we break down the $12.9 million penalty ordered against Vanguard, including the Court’s rationale, aggravating and mitigating penalty factors and how the penalty compares to the recent Mercer case: https://lnkd.in/g3zvZsqU 3. What else has been happening in ACCC consumer law enforcement? There has been no shortage of ACCC activity, with a focus on misleading claims and representations across nearly all key sectors of the economy. Check out the team’s wrap-up here: https://lnkd.in/ghTtWQke Please get in touch with our excellent team if you have any questions. With thanks to co-authors Charles Coorey, Jeremy Jose, Andrew Low, Liana Witt, Luke Barrett, Ilona Millar, Amelia McKellar, Kelvin Ng, Tom Abraham, Amelia Douglass + other fabulous Gilbert + Tobin lawyers.

"There have been recent changes to California law taking effect this month regarding a party’s obligations to disclose certain information.” These changes will be of great interest to insurers, businesses, and litigants as they are poised to challenge the way discovery is conducted. MVPF Law, APC law has the breakdown of the changes in the law and what to expect moving forward." By | Elizabeth Sutlian-Mardikian  Trial Attorney https://lnkd.in/e3Vgd6NV #california #californialaw #californiabusiness #californiainsurance #news #legal #laws #lawfirm #businessadvisory #litigationattorney #litigationmanagement #litigation #legalinsights #legalcounsel #insurers #litigator

Discover the latest trends and best practices in FCA litigation as Michael E. Clark dissects the evolving law on statistical sampling in a July 18 webinar. https://bit.ly/4bsPqJq

Thanks Rocco Giordano Scocco for sharing this recent decision illustrating how the Ontario Consumer Protection Act can be used to pierce the corporate veil re: holding directors, officers, owners, or employees personally liable in consumer transactions where unfair practices are involved, even where such action is carried out through the corporation. #consumerprotection #unfairpractices