Product Liability

  • October 09, 2024

    Atlanta Braves Pitch Dismissal Or Transfer Of Defamation Suit

    The Atlanta Braves urged a Texas federal judge to dismiss or transfer a defamation lawsuit filed by an auction house alleging the team purposely maligned its image by leaking false claims to the media that the auctioneer was selling memorabilia to which it had no rights.

  • October 09, 2024

    9th Circ. Doubts 'Weak' Jeep Transmission Defect Suit

    A Ninth Circuit panel appeared skeptical Wednesday about reviving a putative class action over alleged defects in the automatic transmission systems of some Jeep and Dodge car models, with one appellate judge saying the plaintiff has "a weak case." 

  • October 09, 2024

    Louisiana Judge Reopens EPA's Enforcement Against Denka

    A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.

  • October 09, 2024

    Philips Preserves Lanham Act Counterclaim In CPAP Cleaner MDL

    A Pennsylvania federal judge has trimmed some counterclaims by Koninklijke Philips NV and its American affiliates against SoClean Inc., whose cleaning products they say are responsible for damage to Philips' CPAP machines.

  • October 09, 2024

    EPA Will Clean Up 7 Abandoned Mines On Navajo Land

    The U.S. Environmental Protection Agency said it has committed to cleaning up seven abandoned uranium mine sites via projects aimed at addressing more than 1 million cubic yards of contaminated soil and restoring approximately 260 acres of Navajo Nation land.

  • October 09, 2024

    Companies' Kratom Supplements Are Addictive, Class Says

    A proposed class of buyers is suing Thang Botanicals Inc. and FTLS Holdings in California federal court, alleging that they failed to disclose that their kratom-derived 7ΩHMZ products are as addictive as opioids, if not more.

  • October 09, 2024

    DLA Piper Adds Former Faegre Drinker Litigator In Philly

    DLA Piper has expanded its litigation services in the Philadelphia office this week by adding an attorney with more than 30 years of courtroom experience.

  • October 09, 2024

    GSK Settles Nearly All State Zantac Cases For Up To $2.2B

    GSK said Wednesday that it will pay up to $2.2 billion to settle roughly 80,000 state court cases claiming Zantac heartburn medication or the generic ranitidine caused them to develop cancer.

  • October 09, 2024

    47 Members Of Congress Urge EPA To Ban Paraquat

    Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."

  • October 08, 2024

    NY Discharge Law Usurps Feds, Nuclear Plant Owner Says

    The owner of the shuttered Indian Point nuclear power plant on Monday urged a federal judge to invalidate a New York state law banning discharges of radioactive material into the Hudson River, saying it's clearly preempted by federal nuclear safety authority and violates the Constitution's supremacy clause.

  • October 08, 2024

    Kimberly-Clark Says Plaintiff Can't Link Tampon To Lead Test

    Kimberly-Clark moved Monday to toss a California woman's proposed class action accusing the personal care goods multinational of concealing unsafe lead levels in a line of its U by Kotex tampons, saying the consumer did not even say she used the tampons.

  • October 08, 2024

    Adobe Slams FTC, DOJ For 'Rewrite' Of Subscription Law

    Adobe Inc. blasted a federal government lawsuit over its annual subscription plan and early termination fees on Monday, saying the Federal Trade Commission and U.S. Department of Justice are improperly attempting to "rewrite existing law" with the case.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    Justices Cast Favorable Eye On ATF's Ghost Gun Rule

    The U.S. Supreme Court on Tuesday appeared to side with the federal government's position that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule regulating so-called ghost gun kits was wrongly invalidated by a lower appeals court, with several justices responding favorably to the feds' arguments.

  • October 08, 2024

    DOJ Sues LA Fitness Over Nationwide Accessibility Issues

    The U.S. Department of Justice sued gym chain LA Fitness on Tuesday, alleging that it mistreated patrons with disabilities at its nearly 700 locations across the country, including by failing to fix broken pool lift equipment and charging caretakers additional fees.

  • October 08, 2024

    CooperSurgical Fails To Escape Embryo Solution Recall Suits

    A California state judge on Tuesday declined to dismiss four lawsuits filed against CooperSurgical Inc. by individuals or couples who allege the company failed to recall a toxic solution before it destroyed their developing embryos, trimming a few claims but otherwise keeping the suits intact. 

  • October 08, 2024

    J&J Wins OK For $505M Deal With Bankrupt Talc Miners

    A Delaware bankruptcy judge approved a $505 million settlement between a pair of talc producers and Johnson & Johnson after overruling an objection by a group of insurers to the deal, which would resolve several ongoing disputes with J&J over talc injury claims.

  • October 08, 2024

    Marathon Co. Wants 'Both Bites' In Pipeline Row, 8th Circ. Told

    A group of tribal landowners looking to intervene in the federal government's appeal related to a Marathon Petroleum Corp. subsidiary's pipeline that crosses part of reservation lands told the Eighth Circuit that the company can't have "both bites of the apple" in fighting their bid to dismiss the case.

  • October 08, 2024

    Eggland's Best Says Cage-Free Eggs Are Exactly That

    Eggland's Best asked an Illinois federal judge on Monday to toss a suit claiming it misled consumers about the quality of care for its hens and the conditions in which they lived, arguing its cage-free eggs are unquestionably labeled as such and that the plaintiffs "twist themselves into knots" to render the products deceptive.

  • October 08, 2024

    Industry, Utilities Take Aim At EPA's Drinking Water PFAS Rule

    Water utility associations and chemical industry players asked the D.C. Circuit to strike down the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water.

  • October 08, 2024

    3rd Circ. Preview: Constitutional Rights Fears Top October

    Constitutional challenges dominate an October argument lineup that will task the Third Circuit with mulling drug price fights by AstraZeneca and other pharmaceutical powerhouses and a suit by a Pennsylvania man claiming his past convictions don't foreclose his right to own a gun. 

  • October 08, 2024

    AGs Slam TikTok With Youth Addiction, Fraud Claims

    More than a dozen states have sued TikTok, alleging the popular social media platform targets young users and manipulates them into becoming habitual users while downplaying the harmful effects it can have on mental health and development.

  • October 08, 2024

    EPA Sets 10-Year Target For Lead Drinking-Water Pipe Fixes

    The U.S. Environmental Protection Agency on Tuesday finalized a rule that requires all lead drinking water pipes in the country to be replaced within the next 10 years to protect the public from the "significant and irreversible" health effects tied to exposure to lead in drinking water.

  • October 07, 2024

    Factory Mutual Must Fully Cover Plant Explosions, Suit Says

    Petrochemicals maker Indorama Ventures accused Factory Mutual Insurance Co. in Texas federal court Monday of wrongly refusing to fully cover roughly $100 million in losses stemming from a series of major explosions in 2019 near an Indorama plant in Texas.

  • October 07, 2024

    Boehringer Defends Zantac As Cancer Jury Trial Kicks Off

    Boehringer Ingelheim Pharmaceuticals defended the company's heartburn medication Zantac during the defense's opening statements in a product liability trial Monday, telling California jurors that trial evidence will show the plaintiff never used Boehringer's over-the-counter Zantac products, and that other risk factors put him at risk of developing bladder cancer.

Expert Analysis

  • The State Law Landscape After Justices' Social Media Ruling

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    Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

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