Product Liability

  • February 11, 2025

    Kratom Producers Hid 'Addictive' Risks, Consumers Say

    Companies that make kratom are facing a proposed class action in New York federal court over sales of kratom, standing accused of not disclosing that the substance is just as addictive as opioids.

  • February 11, 2025

    Billionaire Ira Rennert Says Justices Must Resolve Peru Fight

    A mining company controlled by billionaire Ira Rennert has repeated its bid for the U.S. Supreme Court to resolve whether the Eighth Circuit mistakenly denied dismissal of claims by more than 1,000 Peruvians over alleged pollution, saying the circuit court's opinion "distorted" international comity.

  • February 11, 2025

    SC Justices Question Receivership Orders In Asbestos Row

    The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.

  • February 11, 2025

    Justices Ponder If Colo. Climate Case Would Open Floodgates

    Colorado justices on Tuesday asked a city and county seeking damages against ExxonMobil and Suncor over the local impacts of climate change why such suits don't amount to an attempt to regulate the oil and gas industry, with one justice saying he has "practical concerns" about more municipalities bringing novel climate tort claims.

  • February 11, 2025

    Monsanto Loses Attempt To Overturn $1.25M Roundup Award

    A Missouri appellate court on Tuesday refused Monsanto's request to overturn a $1.25 million award to a man who claimed Roundup weed killer caused his cancer, leaning on reasoning from several other state and federal appeals courts that favored consumers over the company.

  • February 11, 2025

    Novo Nordisk Mostly Escapes Insulin Pen Contamination Suit

    Novo Nordisk has, for now, beaten much of a Connecticut-based hospital's federal lawsuit seeking to hold it financially responsible for the $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections after the medical staff used the pharma company's product.

  • February 11, 2025

    PFAS Litigation Finds A New Frontier: Consumer Products

    Smartwatch wristbands, adhesive bandages, tampons and juice containers — what do they all have in common? In a growing trend, plaintiffs attorneys allege the products contain toxic forever chemicals and that manufacturers misled consumers about it.

  • February 11, 2025

    Monsanto PCB Appeal Seems To Divide Wash. High Court

    Thorny choice-of-law issues seemingly divided the Washington State Supreme Court during oral arguments Tuesday, with one justice suggesting that the teachers who brought suit are relying on "forum-shopping" to reinstate a $185 million win against Monsanto, and another saying the company's stance violates state law intended to hold corporations accountable for harming citizens.

  • February 11, 2025

    Feds Must Enforce Law In Dakota Pipeline Row, Court Told

    The Standing Rock Sioux Tribe is fighting a bid by the federal government and a slew of Republican-led states to dismiss its lawsuit that seeks to block an energy company from operating the Dakota Access Pipeline, saying there's a mandatory duty to ensure its operations comply with environmental laws.

  • February 11, 2025

    Conn. High Court Won't OK Claims Of Relational Loss Of Child

    The Connecticut Supreme Court ruled Tuesday that state law does not recognize a cause of action for loss of filial consortium, answering a question from a federal judge who was overseeing a product liability case against Target Stores Inc. and the maker of an infant car seat that caught fire, severely injuring a baby.

  • February 11, 2025

    Eaton Fire Victim Wants Sanctions Against SoCal Edison

    A victim of the recent devastating Eaton Fire in Altadena has told a California state judge that Southern California Edison and its attorneys should face sanctions for allegedly concealing efforts to reenergize electrical transmission lines while the blaze was still burning last month.

  • February 11, 2025

    Fla. Judge OKs $7M Deal In Health Data Breach Class Action

    A Florida federal judge Tuesday granted final approval of a $7 million class action settlement as part of multidistrict litigation over the theft of personal information from millions of U.S. citizens in a health data breach linked to a Russian ransomware group.

  • February 11, 2025

    Olaplex Can't Escape IPO Investors' Formula Change Suit

    Olaplex and some of its executives must face investor claims that the company's initial public offering documents did not disclose the European Union had banned a controversial ingredient known as lilial, which would impact Olaplex's main product offering, but the IPO underwriters and selling stockholders were allowed to escape the suit.

  • February 11, 2025

    Plaintiff Firm Sues More THC Makers In Potency Class Action

    A pair of attorneys has hit another set of cannabis companies with a proposed class action in Illinois federal court, alleging they are selling goods that go beyond state limits on THC in cannabis-infused products.

  • February 11, 2025

    Pot Grower Says Nearby Farm's Pesticides Caused $17M Loss

    A Massachusetts cannabis grower says pesticides used by an adjacent berry farm contaminated its entire 2022 harvest, costing the lost value of that crop and two subsequent years' revenue, totaling at least $17 million.

  • February 11, 2025

    Automakers Lose Fight To Block Mass. 'Right To Repair' Law

    A Massachusetts federal judge on Tuesday tossed what was left of a long-running suit filed by major automakers seeking to block a Bay State law requiring vehicle manufacturers to provide open access to telematics systems.

  • February 10, 2025

    Injury Attys Admit 'Embarrassment' Of AI-Hallucinated Cites

    Morgan & Morgan PA and the Goody Law Group expressed "great embarrassment" Monday when they told the Wyoming federal judge overseeing a personal injury lawsuit against Walmart over an allegedly defective hoverboard that the pretrial motions they filed did, indeed, contain case law hallucinated by artificial intelligence.

  • February 10, 2025

    Jury To Look At Ford's Wealth When Setting Punitive Damages

    A Georgia federal jury will be allowed to look at Ford's wealth and the profits it made off the allegedly defective F-250 Super Duty pickup truck when considering punitive damages in a fatal rollover wreck that killed a couple, a judge ruled, saying it's "common sense" information that a jury needs if it chooses to "punish" Ford.

  • February 10, 2025

    Mexico Lodges Bid To Resolve US Biotech Corn Fight

    The Office of the U.S. Trade Representative has applauded a pair of policy changes in Mexico aimed at complying with a dispute settlement panel's decision that faulted the country's biotechnology corn regulations.

  • February 10, 2025

    Calif. Tribe Says DOI Gives It No Protection In Casino Row

    The Federated Indians of Graton Rancheria told a California federal judge that the U.S. Department of the Interior filed an incomplete status report about how it will monitor another tribe's project plans for the construction of a casino, saying the report fails to protect FIGR.

  • February 10, 2025

    Amazon Used App Toolkit To Harvest User Data, Suit Says

    Amazon has used Candy Crush Saga, Subway Surfers and other mobile apps as a "Trojan Horse" to ingrain secret tracking mechanisms in hundreds of millions of consumers' smartphones through a software development kit for developers, according to a new proposed class action in Seattle federal court.

  • February 10, 2025

    Apple Says Child Porn Detection Suit Can't Stand

    Victims of child sexual abuse materials can't bring a proposed class action accusing Apple of spreading the videos and images, the tech giant has told a California federal court, arguing the company is protected by Section 230 of the Communications Decency Act.

  • February 10, 2025

    Nevada Lithium Mine Violates Indigenous' Rights, Report Says

    The federal government's approval of an 18,000-acre open-pit lithium mine in northern Nevada is a violation of Indigenous' rights, according to a recent report, which says at least six tribes have ties to the site where they've experienced violations against their religion, culture and ancestral lands.

  • February 10, 2025

    Fed. Circ. Revives Cotter's Radiation Injury Suit Indemnity Bid

    The Federal Circuit on Monday revived Cotter Corp.'s bid for federal indemnity after settling claims related to alleged exposure to radioactive residue stemming from the Manhattan Project, saying a Court of Federal Claims judge read an indemnification statute too narrowly.

  • February 10, 2025

    EPA Asks 5th Circ. To Uphold Asbestos Ban Rule

    The U.S. Environmental Protection Agency is defending a Biden-era rule strengthening its restrictions on the use of the most prevalent variety of asbestos, which are being challenged by industry, worker and green groups.

Expert Analysis

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Opinion

    Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

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    A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.

  • Product Safety Issues In 2024 Highlight Need For Vigilance

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    A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • Unwrapping Retailer AI Risks Amid Holiday Shopping Season

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    While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

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