Defending the Producers: Examining Product Liability Protection for Compelled Manufacturing Under the Defense Production Act

Carlton Fields mass tort and product liability attorneys Lauren Greenspoon and Ryan Class authored an article in the IADC Defense Journal titled, “Defending the Producers: Examining Product Liability Protection for Compelled Manufacturing Under the Defense Production Act.” The article discusses how product liability protection applies to companies that are forced to manufacture for the benefit of the country and its citizens.

At the beginning of the pandemic, President Trump invoked the Defense Production Act (DPA), issuing a mandate to several companies to start manufacturing medical equipment during the coronavirus crisis. Though there is some product liability protection for these companies, it is not explicit, and therefore manufacturers could still suffer from product liability lawsuits later on.

The two attorneys suggest manufacturers “keep in mind Section 707, Yearsley immunity, and the government contractor defense as potential avenues to immunize themselves against product liability claims arising out of [compelled manufacturing].”

Read the article.

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