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IJE/IBJ Deep Dive - Product Liability & Security in the EU and Belgium: Handling the Risks Associated with Defective or Non-Compliant Products

Event | 12.06.18, 3:30 AM CST - 7:30 AM CST

Address

Crowell & Moring
Rue Joseph Stevens 7, 1000 Brussels, Belgium

An inescapable part of marketing your (non-food) products consists of managing the risks caused by defective and/or non-compliant products. To deal with the legal aspect of this risk, economic operators must take measures prior to putting their products on the market as well as once the product has been commercialized.


During the first part of this seminar we will briefly set out the broader EU safety regulatory framework for consumer and non-consumer products, including a brief practical overview of REACH and the specific regulations for medical devices, before discussing in more detail the various aspects of notifications and recalls. We will also highlight some of the recent initiatives taken by the EU Commission with respect to enforcement and representative actions.


During the second part of the seminar we will address the various forms of liability (under Belgian law) which may be triggered once a defective product has caused damages. We will also discuss whether, and if so to what extent, such liability can be limited and we will provide you with practical guidance in this respect.


For more information, please visit these areas: Advertising and Product Risk Management — Brussels Practice, Regulatory — Brussels Practice, Life Sciences — Brussels Practice, Brussels Practice

Contact

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.