Photo of Litigation Blog Jonathan Lee
Jonathan Lee is an associate attorney focusing his practice on toxic tort, products liability, employment law, life sciences and complex commercial litigation. He has …

Showing 2 posts by Jonathan Lee.

The Future of E-Cigarette Litigation: Is There One?

I. Introduction

While e-cigarette smoking, or vaping, as an alternative to smoking traditional cigarettes is generally regarded as a healthier option, some claim that the long-term effects of vaping are unknown and that inevitably researchers (and habitual vapers) will learn that e-cigarettes have their own risks and hazards. Plaintiffs’ attorneys seem to see tort litigation over e-cigarettes as a “when” and not an “if”. Thus far, the lawsuits against e-cigarette manufacturers have primarily been filed by governments and center on consumer fraud allegations and the manufacturer’s advertising techniques, particularly alleging that young people are the targets of the advertising. Other lawsuits have revolved around specific defective products, as some e-cigarettes catch fire or explode due to a malfunctioning battery, or inadequate safety controls or warnings, as children are poisoned from accidentally ingesting e-liquids.[1] What the lawsuits have yet to allege is that e-cigarette smoking caused a specific plaintiff to develop an illness, and certainly e-cigarette litigation has not yet developed into the latest mass tort. This article will review the various risks that are being evaluated with respect to e-cigarette smoking and whether the science is moving in a direction where e-cigarette mass tort litigation is inevitable. More »

EMPLOYMENT LAW: Can Employers Really Take a Deep Breath in the Wake of Epic Systems Corp. v. Lewis?



Earlier this year, the Supreme Court of the United States upheld the enforceability of individualized arbitration agreements as a matter of law in Epic Systems Corp. v. Lewis. The decision left employers everywhere taking a collective and long-sought sigh of relief. But how protected are employers, really? More »

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