JD Supra

Strict Liability for Debt Collectors Attempting to Collect a Time-Barred Debt Through Litigation

In 2020, the Consumer Financial Protection Bureau (CFPB) promulgated 12 C.F.R. § 1006.26, amending Regulation F, to implement and interpret the Fair Debt Collection Practices Act (FDCPA). It will ...
JD Supra

Strict Liability Energy: IPO Litigation and Risk Management

IPO companies are sued more frequently than mature public companies for many reasons. In this week’s D&O Notebook, my colleague Walker Newell focuses on why “registration statement” or Section 11 ...
Law

Medical Device Litigation—Is the End Near for Comment K?

Comment k was intended to be a narrow exception to strict liability and only applied in cases where an otherwise useful product is "incapable of being made safe." On May 27, the Legal Intelligencer ...
Reason

Washington S. Ct.: Strict Liability Drug Possession Ban Unconstitutional

From the majority opinion in State v. Blake, by Justice Sheryl Gordon McCloud: Washington's strict liability drug possession statute, makes possession of a controlled substance a felony punishable by ...
Law

Florida Appellate Court: Exculpatory Clause Cannot Shield Retailer From Strict Products Liability Claims

A retailer's exculpatory clause cannot insulate it from strict product liability claims, a Florida appellate court ruled, finding that allowing such a clause would violate public policy. Prominent ...