Photo of E. Paul Dougherty Jr.

Paul Dougherty has been defending product liability and general liability cases for more than 25 years. His legal practice focuses on product liability defense of products and insurance matters and commercial negotiations.

Can a state court assert personal jurisdiction over a foreign component part manufacturer if the part was manufactured and sold overseas, but the manufacturer knew it was intended for use in a consumer product sold in the United States? This was the issue we faced while representing a Japanese manufacturer, whose battery cells were incorporated into smart phones sold throughout the United States.
Continue Reading Reinforcing Purposeful Availment

By now, followers of California’s Proposition 65 are well aware of the August 30, 2018, changes. In a nutshell, they are:

  • Changes to warnings that require inclusion of a specific chemical and potential harmful result of either cancer and/or birth defect
  • Required website warnings
  • Mandatory pictograph and required font size
  • The burden is shifted from retailers to manufacturers
  • Annual renewal and review.

Continue Reading What’s up on Prop 65 three months after new regulations?

After many years of debate, consideration and public input, California’s new regulations go into effect on August 30, 2018, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 − commonly known as Prop 65. This is the first major update to the Act in more than 30 years. The stated purpose is to provide “clear and reasonable” warnings and more detailed information to consumers. The new rules will be applicable to all products manufactured after August 30, 2018. Manufacturers may still use existing warning labels, but only for products that were manufactured before August 30, 2018. Although the new regulations become mandatory after August 30, 2018, they can be used now.

Continue Reading WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?