Legislation Archives - Faegre Drinker on Products

Subject: Legislation

Register to Do Business, Register to Be Sued? Illinois’ New Jurisdictional Trap for Toxic Tort Litigants

For companies operating nationwide, rules governing where they can be sued are consequential — especially in high-exposure toxic tort litigation. Toxic tort cases often involve claims over exposure to substances like asbestos, lead paint, pesticides, pharmaceuticals or industrial pollution and frequently target out-of-state corporations whose products or activities reach far beyond their corporate home base. Illinois’ enactment of SB 328, which amends the Illinois long-arm statute and Business Corporation Act of 1983, raises the stakes in these cases even more, conferring general jurisdiction over companies who register or merely transact business in Illinois.

Consent by registration statutes have been one of the most hotly debated legal questions in the general jurisdiction arena. General jurisdiction is a court’s authority to hear all claims against a defendant, regardless of where the alleged conduct took place. General jurisdiction is reserved for the forums where a defendant is “at home.”¹ For corporations, this is usually the corporation’s place of incorporation or principal place of business.² Yet some argue that simply registering to do business in a state should also open the door to being sued there, even if the dispute has little to no tie to that forum.

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Causation Conundrums: Implications of Georgia Supreme Court’s Interpretation of Statute of Repose in Long-Term Product Use Cases

When does the statute of repose clock start ticking on a product liability claim involving long-term repeat use of many individually purchased units of a product? According to the Georgia Supreme Court’s decision in Burroughs v. Strength of Nature Global, LLC, __ S.E.2d __, 2025 WL 2918923 (Ga. Oct. 15, 2025), the short answer is that the statute of repose starts anew for each individual unit. But, as Burroughs itself illustrates, that answer creates serious problems that may require the state’s legislature to intervene.

The Burroughs plaintiff alleged she developed uterine fibroids as a result of using chemical hair relaxers manufactured by the defendants repeatedly over nearly two decades. Specifically, she claimed she began using the products in 1995 at the age of six and used them six to eight times per year through 2014 (with one brief hiatus). She developed uterine fibroids in 2018 and filed suit in 2022. The defendants moved to dismiss the plaintiff’s strict liability claims on the basis that they were barred by the statute of repose. Georgia’s product liability statute of repose requires actions to be commenced within 10 years of “the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.” OCGA § 51-1-11(b)(2) (emphasis added). The trial court denied defendants’ motion. The court of appeals reversed, holding the plaintiff’s initial purchase of the first unit of the defendants’ products was a “first sale” that triggered the statute of repose and barred her filing an action more than 10 years later.

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Tort Reform is Top of Mind in 2025: Legislative Updates in Georgia, South Carolina, Louisiana and Arkansas

The American Tort Reform Foundation’s list of “Judicial Hellholes” often are all-too-familiar jurisdictions for product liability defendants. Some states who are home to these infamous venues, often known for producing nuclear verdicts, have recently rallied for successful tort reform. In the most recent state legislative sessions, Georgia, South Carolina, Louisiana and Arkansas implemented tort reform bills which may serve to neutralize the nuclear verdicts coming out of their courts.

Georgia

Following several nuclear verdicts, including a $1.7 billion verdict in Hill v. Ford Motor Co. and a $2.5 billion verdict in Brogdon v. Ford Motor Co., Georgia has recognized the impact that excessive tort costs have on Georgia’s economy and its ability to attract businesses. Georgia Governor Brian Kemp unveiled a tort reform package in early 2025 that sought to address these issues.

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New EU Product Liability Directive Published in Official Journal

The countdown has begun towards the transformed European product liability landscape! The recently adopted European Union Product Liability Directive (PLD) was published in the Official Journal of the European Union today. Transposition of the PLD into domestic law of the EU member states must be completed by December 9, 2026. As we previously discussed, products put on the market after December 9, 2026, will be subject to the new PLD, while products placed on the market prior to this date will be subject to the laws currently in place.

Further information about the new PLD (including new risks and opportunities for businesses operating in the EU) can be found in our previous updates here and here. Faegre Drinker will continue to monitor developments as the member states transpose the PLD and the new rules take shape.

Extended Producer Responsibility (EPR) is Here and It’s Time to Register With a Producer Responsibility Organization (PRO)

As Extended Producer Responsibility (EPR) kicks off across the U.S., manufacturers should be mindful of sustainability claims, especially related to packaging materials and recycling. EPR reporting will generate significant, publicly available data, which could potentially be used in greenwashing claims against covered producers.

To read the full article, visit the Faegre Drinker website.

Michigan Repeals Pharma Immunity Provision

Michigan recently signed into law a repeal of the immunity provision under its Product Liability Act, presenting a new litigation risk in Michigan for pharmaceutical companies. The provision had granted near-complete immunity to pharma for the past 30 years, as the only of its kind nationwide. Michigan’s new law—Senate Bill 410 (SB 410)—removes this immunity, leaving intact a rebuttable presumption of non-liability and caps on non-economic damages.

SB 410 goes into effect on February 13, 2024, and is likely non-retroactive, meaning alleged injuries would have to occur after that date for the new law to apply. Commentators predict increased Michigan litigation relating to opioid use, insulin price gouging, and Medicaid fraud.

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