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Capabilities 86 results

Practice Area

Product Liability & Mass Torts

Major multinational companies trust Winston to defend their products and reputations in high-profile, high-stakes product liability and mass tort claims. Our Product Liability & Mass Torts Practice is one of the industry’s most seasoned, with a deep bench of experienced lawyers and a unique combination of extensive trial experience and expansive technical knowledge....Read more

Industry

Energy Industry Litigation & Investigations

With our reputation as a trial lawyers’ firm serving as our foundation, we advocate for a variety of power producers, oil and gas companies, and oilfield services providers in high-stakes litigation throughout U.S. district and appellate courts. We also handle sensitive investigations, contentious regulatory and enforcement issues, and arbitration. Our bench is stacked with innovative legal and commercial problem solvers, many of whom came to Winston from in-house positions, amplifying their appreciation for C-suite complexities. By combining our knowledge of the energy industry with first-rate trial skills, and the experience our practitioners have gained from learning our clients’ businesses, we are positioned to obtain the best result for our clients efficiently—whether in the courtroom or a negotiated solution....Read more

Practice Area

Advertising Litigation

Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act....Read more

Insights & News 4,747 results

Product Liability & Mass Torts Digest

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April 3, 2025

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5 Min Read

Supreme Court Has a Chance to (Re-)Clarify Albrecht Impossibility Preemption Test

A cert petition filed earlier this month in the long-running In re Fosamax (Alendronate Sodium) Products Liability Litigation gives the Supreme Court a chance to clarify—for the second time—the Third Circuit’s restrictive application of the impossibility preemption defense.

Class Action Insider

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April 3, 2025

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3 Min Read

The Supreme Court to Soon Resolve Divide over Certification Where Some Class Members Lack Standing

On January 24, 2025, the United States Supreme Court ordered expedited briefing to resolve the current circuit split over whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.

Global Trade & Foreign Policy Insights

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April 3, 2025

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4 Min Read

April 2 Tariffs and Implications for Importers and Investors

On April 2, 2025, President Trump signed two executive orders enacting sweeping reciprocal tariffs and eliminating the de minimis treatment for imports from China and Hong Kong. The accompanying Fact Sheet also continues to highlight sectors for which the Administration is seeking new investment in manufacturing. 

View All Insights & News

Other Results 143 results

Law Glossary

What Are Interchangeable Biological Products?

A biological product is interchangeable if it is biosimilar to the reference product and is expected to produce the same clinical result as the reference product in any given patient. A biosimilar product that is deemed to be interchangeable by the FDA means the biosimilar product can be substituted for the reference product by a pharmacist without consulting the prescriber. The specific requirements for substitution vary by state....Read more

Law Glossary

What Is Advertising Litigation?

Advertising litigation is defined as the legal area that covers false or deceptive advertising cases. Lawsuits may be brought by government agencies or corporate competitors based on the Lanham Act—a law that specifically deals with false advertising. The Act outlines how an advertisement can be deemed false. The Federal Trade Commission (FTC) has the ability to file lawsuits to halt deceptive advertising claims. The U.S. Food and Drug Administration may also pursue advertising litigation against violators of government regulations. Companies may be called on to substantiate their advertising claims, whether these are made in print or online....Read more

Site Content

What Is General Causation?

In the product liability context, general causation is the legal and scientific determination of whether the product in question has the inherent capability to cause the alleged injury under certain circumstances. Establishment of general causation is a critical aspect of a plaintiff’s case, and typically requires scientific evidence, such as epidemiology or toxicology, and expert testimony to establish a causal connection between the product’s design, manufacturing, or warnings and the injury or injuries at issue. As contrasted to specific causation, the focus in a general causation inquiry is on whether the product or exposure, as a general matter, can cause the type of injury claimed by the plaintiff. A general causation inquiry does not assess any facts unique to a particular plaintiff....Read more
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