David Kerschner and Rachel Forman Talk Digital Product Liability with Law360
Arnold & Porter Product Liability Litigation partner David Kerschner and counsel Rachel Forman were quoted in the recent Law360 article, “What To Watch For As Meta Stares Down NM Injunction Trial,” discussing the product liability implications of New Mexico v. Meta Platforms Inc. et al. as the second-phase proceedings begin.
David highlighted that, regardless of success on appeal, any decision awarding injunctive relief may encourage plaintiffs to bring more lawsuits.
“You could see in the future plaintiffs’ lawyers in more traditional product liability cases using that as kind of a marker on ways that they think companies should be acting,” he said.Rachel also noted that there’s an ongoing debate over whether nuisance claims are the right avenue for addressing product liability claims.
“This is not a traditional product case where plaintiffs are proving a specific design defect; they just have to show in this case that the design change is necessary to get the relief and abate the public harm,” she said.
She added that ordering Meta to make broad changes would likely have implications for non-public nuisance product liability cases, with “the potential to dictate what design features digital platforms have.”
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