Product Liability

  • March 04, 2024

    States, Scholars Back Ex-NY Official In NRA Free Speech Suit

    States, scholars and public officials have urged the U.S. Supreme Court to reject the National Rifle Association's contention that a former New York state official violated the group's First Amendment rights.

  • March 04, 2024

    Barretts' Mediation Docs Not Open To Pfizer, Judge Says

    A Texas bankruptcy judge declined Monday to open the mediation in Barretts Minerals Inc.'s bankruptcy case to former owner Pfizer Inc., saying that he didn't want mediation participants to worry about every conversation they have.

  • March 04, 2024

    FAA Audit Flags Boeing 737 Max 9 Production Lapses

    Boeing and its key supplier, Spirit AeroSystems, failed to comply with manufacturing quality control requirements across several departments, according to findings from a Federal Aviation Administration audit of the 737 Max 9 jets after January's harrowing Alaska Airlines midair panel blowout.

  • March 04, 2024

    Chrysler Gets Claims Trimmed In Truck Fire Defect Suit

    A Michigan federal judge on Monday trimmed one plaintiff's breach of express warranty claims and all unjust enrichment claims from a suit against Fiat Chrysler alleging it sold vehicles with engines prone to overheating and catching fire.

  • March 01, 2024

    General Mills Hit With False Ad Suit Over Pesticide In Cheerios

    A General Mills Inc. customer filed a proposed class action in New York federal court Thursday, alleging the company's labeling of its Cheerios brand is deceptive because it does not disclose that the cereals could contain dangerous levels of a pesticide that can reduce fertility and harm fetuses.

  • March 01, 2024

    J&J's Talc Lit The Spark For Doctor's Fatal Cancer, Jury Told

    Johnson & Johnson's baby powder was the 'spark' that caused the cancer that killed a Miami anesthesiologist, an attorney for her widower told jurors Friday as he urged them to punish the company for hiding the product's cancer links from consumers.

  • March 01, 2024

    GSK, Shook Hardy Can Recover Costs After Zofran MDL Win

    GlaxoSmithKline and its attorneys from Shook Hardy & Bacon LLP can recover more than $450,000 in legal costs after beating a multidistrict suit claiming the company's anti-nausea drug Zofran caused birth defects, a federal judge has ruled.

  • March 01, 2024

    Suave Deodorant Buyers Ink $2M Settlement With Unilever

    A proposed class of antiperspirant buyers is asking an Illinois federal court to give the go-ahead to a $2 million settlement with Unilever United States Inc. over claims that it sold Suave products with dangerous amounts of benzene.

  • March 01, 2024

    FTC Backs Colo. Right-To-Repair Expansion

    A Federal Trade Commission representative appeared at a Colorado legislative hearing in support of a proposed "right-to-repair" law requiring manufacturers to provide documentation, software, data and certain tools to allow consumers to fix their own digital electronic equipment.

  • March 01, 2024

    Ky. Sees $74M Boost For Abandoned Mine Cleanup Work

    The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.

  • March 01, 2024

    Del. Jury Deadlocks In Roundup User's Cancer Death Trial

    A Delaware state jury deadlocked Friday after an 18-day trial on a South Carolina woman's suit blaming Monsanto Corp.'s Roundup herbicide for causing her husband's fatal cancer and seeking millions in damages.

  • March 01, 2024

    'Confusing' Class Cert. Bid Shot Down In Ga. 'No Lemon' Suit

    A Georgia federal judge refused Thursday to grant class certification to consumers who say they were denied appliance replacements by a pair of warranty companies, finding their proposed class was based on a "terse analysis littered with vague and conclusory assertions."

  • March 01, 2024

    Kimberly-Clark Hit With Connecticut PFAS Class Action

    Three Connecticut residents have hit Kimberly-Clark Corp. with a proposed class action for allegedly contaminating private wells near its New Milford manufacturing plant with toxic "forever chemicals" emitted from the facility's smokestacks into the air and spread to the surrounding area.

  • March 01, 2024

    Levi & Korsinsky Gets Nod To Lead Nikola Investor Action

    An Arizona magistrate judge has recommended Levi & Korsinsky LLP to lead an investor suit alleging hydrogen-electric vehicle manufacturer Nikola Corporation failed to disclose that its safety and structural controls were deficient for its battery manufacturing, which made its vehicles unsafe to operate.

  • March 01, 2024

    Atty Censured Over Conduct In NFL Concussion MDL

    A Pennsylvania federal judge has rejected objections from a law firm and its principal and affirmed a special masters' determination that the attorney be censured for engaging in "questionable behavior" while trying to secure monetary awards for clients from the NFL players' concussion injury litigation settlement.

  • February 29, 2024

    Uber Playing 'Cat & Mouse' In Sex Assaults MDL, Judge Told

    Uber is playing a "cat and mouse game" by withholding documents related to government probes of the ride-hailing company over sexual assaults despite a court order to produce them, a lawyer for sex assault victims in the multidistrict litigation told a California federal magistrate judge Thursday.

  • February 29, 2024

    Sunscreen Can't Be 'Waterproof,' Suit Says

    MISSHA and A'pieu sunscreen customers have told a New Jersey federal judge that the claims by the company behind those brands that its products are "waterproof" don't hold up, because in fact the sunscreen that doesn't wash away eventually does not exist.

  • February 29, 2024

    Where's The Beef? Campbell Asked In Soup Labeling Suit

    A Campbell Soup Co. customer filed a proposed class action in New York federal court on Thursday, alleging the company deceptively emphasizes "beef" on its product labeling while selling a chunky soup that's predominantly made up of potatoes and carrots.

  • February 29, 2024

    Ex-JetBlue Flight Attendant's Subpoena Battle Heads To NY

    A former flight attendant for JetBlue Airways Corp. and her husband have dropped a legal battle that they launched Feb. 9 in Connecticut to force the airline to turn over subpoenaed documents in an underlying toxic tort case, but the federal court fight is set to continue next door.

  • February 29, 2024

    Judge OKs $6M Settlement In BMW Emissions Suit

    A federal judge in New Jersey has signed off on a $6 million deal between BMW and drivers of two models who claimed the vehicle-maker unfairly beat emissions testing with specific kinds of software.

  • February 29, 2024

    GE Denies Ties To La. Environmental Contamination Suit

    General Electric has told a Louisiana federal judge it should be freed from a lawsuit seeking to hold it liable for widespread environmental contamination caused by a since-closed pressure valve manufacturing facility in Rapides Parish, saying the property owners behind the suit are relying on a misguided theory of liability.

  • February 29, 2024

    Mich. Judge Floats Sanctions If Doc Review Wastes Her Time

    A Michigan federal judge on Thursday warned attorneys for a water engineering firm accused of prolonging lead exposure in the Flint water crisis not to waste her time by improperly withholding unprotected documents related to its public relations strategy around the case.

  • February 29, 2024

    Munck Wilson Adds IP Lawyer From Wood Smith

    A former Wood Smith Henning & Berman LLP attorney has made the move to Munck Wilson Mandala LLP in Los Angeles, bringing with her a history of working on intellectual property litigation and other commercial matters.

  • February 29, 2024

    No Early Wins In South Dakota Derailment Injury Suit

    A South Dakota federal judge won't let either a conductor or Rapid City, Pierre & Eastern RR Inc. notch early wins in a suit against the railroad over a 2019 derailment, saying there are factual questions about whether the railroad knew or should have known about the conditions on the track before the accident.

  • February 29, 2024

    Bankrupt Endo To Pay $465M To Resolve Opioid Claims

    Drugmaker Endo International has agreed to pay as much as $465 million to resolve criminal and civil claims stemming from its sale and marketing of a powerful opioid, and will turn over its assets to a group of secured lenders who will operate the company under a new corporate structure.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

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