Product Liability

  • April 04, 2025

    Ad Watchdog Nabs Hunton Andrews Partner To Lead Division

    The National Advertising Division has tapped a former Hunton Andrews Kurth LLP partner and onetime chief of staff for advertising practices at the Federal Trade Commission to lead the industry self-regulatory body that's charged with ensuring advertisers are adhering to stringent truth and accuracy standards.

  • April 04, 2025

    Bigelow Drinkers Overpaid 11% Due To 'USA' Label, Jury Told

    An expert testifying for a California class of R.C. Bigelow tea purchasers on Friday told a federal jury considering damages caused by false advertising claims that the class overpaid by 11.3%, or $3.26 million, due to a "Manufactured in the USA 100%" label the judge already found is deceiving.

  • April 04, 2025

    Bayer Wants Supreme Court To Review Roundup Litigation

    Bayer subsidiary Monsanto has asked the U.S. Supreme Court to review a Missouri jury's $1.2 million award to a man who claimed that Roundup weed killer caused his cancer, arguing that courts are split on whether federal law preempts state failure-to-warn claims like the claims in this case.

  • April 04, 2025

    Fed. Circ. Backs Ruling Against Parents In Vaccine Case

    The Federal Circuit has upheld a lower court's ruling in a Vaccine Act case brought by parents of a child who has seizures and developmental delays, finding that they failed to show that his conditions were caused by vaccines.

  • April 04, 2025

    House Dem Seeks Caffeine Warnings After Student Death

    Fast food chains and energy drink makers should be required to slap a "high caffeine" warning on certain beverages, a U.S. House Democrat said, announcing his intention to push such a bill while standing next to the parents of a University of Pennsylvania student who died after drinking a now-discontinued caffeinated drink.

  • April 04, 2025

    Kia's Defective Seat Caused Wife's Paralysis, Driver Says

    A Kia owner filed a negligence suit against the automotive giant in Pennsylvania state court Thursday alleging that a defective design of the front passenger seat frame in his 2022 Kia Sorento caused his wife to become paralyzed after the couple was rear-ended by a Chevy pickup truck driver.

  • April 04, 2025

    Meta Wins Bid To Transfer Del. MDL Coverage Fight To Calif.

    The Judicial Panel on Multidistrict Litigation sent a Delaware insurance-coverage dispute between Hartford, Chubb Group entities and Meta to California where underlying personal-injury litigation is centralized, finding that although the parties accuse each other of forum shopping, "we are not inclined to finely parse which is the guiltier party."

  • April 04, 2025

    Sports Group Looks To Muzzle Maryland Gun Liability Law

    A sports shooting and hunting group has asked a Maryland federal court to prevent the state from enforcing a law that holds gun manufacturers liable for gun-related crimes, which the group says contradicts the U.S. Constitution and federal statute.

  • April 04, 2025

    GSK Inks $67M Deal To Resolve Zantac Cancer Risk FCA Suit

    GlaxoSmithKline PLC cut a $67.5 million deal to resolve allegations that it defrauded federal health insurance programs by hiding that its heartburn drug Zantac can decompose into a carcinogen while still in the bottle, ending a case that began in 2019 and was unsealed last year.

  • April 03, 2025

    Optum, Express Scripts Want Judge Ousted From Opioid MDL

    Pharmacy benefit managers Optum and Express Scripts say the Ohio federal judge overseeing multidistrict opioid litigation should recuse himself because he "regularly communicates" with plaintiffs' attorneys in the litigation and is biased in favor of plaintiffs, according to a motion filed Wednesday.

  • April 03, 2025

    3 Ways The Trump EPA Could Impact The Chemical Industry

    The U.S. Environmental Protection Agency's potential deregulatory actions, staffing reductions and shifts in scientific practices portend changes for the chemical industry that could ultimately benefit the sector. Here, Law360 looks at three key areas of concern for the chemical industry.

  • April 03, 2025

    Wash. Justices To Hear Amazon Chemical Suicide Suits

    The Washington Supreme Court will review whether Amazon can be sued under the state's product liability law for the online sale of a chemical that four people used to kill themselves, in cases brought by family members that were dismissed by a lower appellate court.

  • April 03, 2025

    3M, DuPont Sued Over Ga. Carpet Industry's PFAS Pollution

    A Georgia environmental group and a farm owner have sued 3M Co., DuPont de Nemours Inc. and other companies involved in the state's carpeting manufacturing industry, seeking to hold them liable for "forever chemical" contamination in the Conasauga River.

  • April 03, 2025

    Gun Website Can't Sue Facebook Over Removal, Panel Says

    A Pennsylvania appeals court said Thursday it won't order Facebook and Instagram to ​reinstate an online gun marketplace's banned social media accounts, saying there is no valid claim that a state agent violated the company's free speech rights.

  • April 03, 2025

    Helicopter Manufacturer Can't Nab Win In Mont. Crash Suit

    A Montana federal judge on Thursday said that there's a genuine factual dispute about whether aircraft maker Kaman acted with malice or disregard of injury in a suit accusing it of defectively designing a helicopter that crashed and killed a pilot fighting a wildfire.

  • April 03, 2025

    Nestlé, Other Parent Cos. Freed From Baby Food Metals MDL

    Overseas food giants Nestlé, Danone and Hero can exit a multidistrict litigation alleging baby food tainted with toxic metals caused children to develop autism, a California federal judge has ruled, but domestic subsidiaries who manufactured the products, such as Gerber, Nurture and Beech-Nut, must remain as defendants.

  • April 03, 2025

    Baby Food Suit Must Face Trial Or Calif. Panel, 9th Circ. Told

    Plum Organics buyers urged the Ninth Circuit on Thursday to ask the California Supreme Court to clarify Golden State's deception-by-omission law, or reverse Plum's summary judgment win and send to trial the consumers' allegations that the baby-food-maker failed to disclose potential toxins in its baby food products.

  • April 03, 2025

    SunSetter To Pay $9M Over Defective Awning Covers

    A Massachusetts awning manufacturer will pay $9.25 million and implement a new compliance program to settle civil claims that it failed to report defective awning covers to the Consumer Product Safety Commission, allegedly leading to multiple injuries and at least one death.

  • April 02, 2025

    Justices' Ghost Gun Decision Worrisome Win For Gun Control

    The U.S. Supreme Court's recent decision upholding a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits is a clear-cut win for gun control proponents, but experts said it also signals a problematic shift to a supervisory role for the courts.

  • April 02, 2025

    Ill. Parade Shooting Survivors Can Sue Smith & Wesson

    Smith & Wesson and gun retailers can't escape a lawsuit brought by families of victims of a mass shooting that killed seven people during a 2022 July Fourth parade in Highland Park, an Illinois state judge has ruled, largely denying their requests to apply immunity found in federal law that would have shielded them from civil liability.

  • April 02, 2025

    Sprouts Hid Unsafe Heavy Metal In Sunflower Butter, Suit Says

    Sprouts Farmers Market misleads customers into thinking its sunflower butter spreads sold under Sprouts' own brand is made with high-quality protein and safe to consume, despite containing dangerous levels of cadmium, which poses serious health risks, according to a proposed class action filed Wednesday in California federal court. 

  • April 02, 2025

    Boeing CEO Tells Senate Panel Safety Overhaul Progressing

    Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.

  • April 02, 2025

    Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits

    An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by workers who claim to have suffered lung scarring and cancer due to exposure to dust.

  • April 02, 2025

    Parents, Distributor Settle Suit Over Baby Lounger Death

    The distributor of an infant lounger and a Texas couple who allege that their 7-month-old daughter died after falling out of the device told a Texas federal court this week that they had reached a deal in the parents' suit.

  • April 02, 2025

    CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts

    CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.

Expert Analysis

  • How Attorneys Can Master The Art Of On-Camera Presence

    Author Photo

    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

    Author Photo

    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Opinion

    Airlines Should Follow Treaty On Prompt Crash Payouts

    Author Photo

    In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

    Author Photo

    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • And Now A Word From The Panel: MDL Hubs

    Author Photo

    The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

    Author Photo

    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

    Author Photo

    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

    Author Photo

    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Recent Cases Highlight Latest AI-Related Civil Litigation Risks

    Author Photo

    Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

    Author Photo

    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • The PFAS Causation Question Is Far From Settled

    Author Photo

    In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

    Author Photo

    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Unpacking The Illicit E-Cigarette Crackdown By State AGs

    Author Photo

    A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

    Author Photo

    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • Making The Case For Rest In The Legal Profession

    Author Photo

    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!