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Product Liability
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June 17, 2024
Excess Insurers May Need To Pay In Kaiser Asbestos Dispute
A policyholder can tap into first-layer excess policies as soon as the primary coverage for that period is exhausted, the California Supreme Court ruled, potentially implicating several first-level excess insurers to contribute to coverage for underlying asbestos exposure claims against Kaiser Cement and Gypsum Corp.
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June 17, 2024
US Surgeon General To Seek Warning Label On Social Media
U.S. Surgeon General Vivek H. Murthy has called on lawmakers to require social media companies to put warnings on their sites that say young people who use them have more mental health issues, according to an opinion article published on Monday.
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June 17, 2024
Exxon Investor Deal Ends Suit Over Emissions Proposal
Activist investor Arjuna Capital has escaped Exxon Mobil Corp.'s lawsuit over a contentious greenhouse gas-related shareholder proposal the investor sought to include in the company's 2024 proxy statement after a Texas federal judge on Monday accepted the investor's promises not to resubmit the proposal.
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June 17, 2024
Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip
A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.
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June 17, 2024
Zantac Suits Must Exit State Court, Conn. Judge Told
A Connecticut state court judge must relinquish jurisdiction over two lawsuits claiming that generic versions of the heartburn drug Zantac caused cancer because state statutes do not subject entities with foreign business registrations to the auspices of Constitution State judges, a pharmaceutical industry attorney argued at a hearing Monday morning.
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June 17, 2024
Boeing, Virgin Can't Agree To Injunction's Scope In IP Row
Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.
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June 17, 2024
Ga. Panel OKs Instruction In $4.5M Spinal Device Injury Suit
The Georgia Court of Appeals has affirmed a trial court's decision to tell jurors not to consider the availability of insurance benefits when considering the issues of liability and damages in a case in which a woman whose doctor incorrectly implanted a spinal cord stimulator was awarded $4.5 million.
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June 17, 2024
Talc Claimants Want Documents In Fight Over J&J Unit Venue
Cancer patients with talc damage claims against Johnson & Johnson have urged a New Jersey federal court to give them access to transcripts and exhibits from depositions of top executives at the company's talc unit, saying the information will aid their effort to bar the J&J spinoff from filing a third Chapter 11 outside the Garden State.
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June 17, 2024
Justices Won't Hear Challenge To NY Gun, Ammo Sales Laws
The U.S. Supreme Court on Monday denied a petition by New York gun shop owners seeking to appeal a decision striking down their suit challenging state laws regulating firearm sellers and ammunition sales.
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June 14, 2024
Meta Halts AI Tech Debut In EU After Regulatory Backlash
Meta Platforms Inc. said Friday that it was putting on hold plans to expand its artificial intelligence offerings to the European market after the Irish privacy regulator raised concerns about the company's efforts to use public content posted on Facebook and Instagram to fuel these models.
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June 14, 2024
Blistering Dissents Belie Justices' Penchant For Consensus
Thirteen days into June, the U.S. Supreme Court had recorded one of the highest rates of unanimous decisions in the past four decades. But the era of historic consensus was tarnished a bit Friday when the court issued three split decisions and two scathing dissents highlighting how much the nine justices differ.
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June 14, 2024
Janssen Hit With $150M Verdict In HIV Drug False Claims Suit
A New Jersey federal jury hit Janssen with a $150 million False Claims Act verdict in a 12-year-old whistleblower suit, finding that the drugmaker violated the federal law as well as 27 related state FCA statutes by illegally profiting from the off-label marketing of two popular Janssen HIV medications.
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June 14, 2024
Monsanto Says Wash. Ruling Axes $275M PCB Verdict
Monsanto has asked a Washington state appeals court to reverse a $275 million verdict against it in a suit over polychlorinated biphenyls exposure at a school site, saying a recent reversal of a $185 million verdict by the court in another case greatly bolsters its argument for another reversal.
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June 14, 2024
Feds, Tribes Say Mill Owners Liable For 150 Years Of Pollution
The federal government, the state of Washington and a slew of tribes are suing the owners of a shuttered sawmill and a property group that now oversee the sawmill area's development, alleging that for more than a century, hazardous substances from the operation released into Port Gamble Bay and have harmed its natural resources.
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June 14, 2024
FAA Probes Fake Titanium Docs From Boeing Supplier
The Federal Aviation Administration said Friday that it's investigating whether certain Boeing Co. jets were manufactured with titanium components that may have been sold to the plane maker with falsified authenticity documents.
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June 14, 2024
9th Circ. Won't Recharge Energizer Battery False Ad Suit
Energizer defeated a proposed class action accusing it of fraudulently touting its AA Max batteries are "up to 50% longer lasting," after the Ninth Circuit said Friday reasonable consumers wouldn't be misled by the statement since it doesn't promise they'll always last 50% longer than competing products in all applications.
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June 14, 2024
'Alkaline Water' Co. Owes Another $3.1B For Liver Failures
A Las Vegas jury awarded $3 billion in punitive damages and $89.75 million in compensatory damages Friday to a group of children and adults who experienced severe liver problems after drinking toxin-adulterated "alkaline water," adding to the product maker's legal woes.
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June 14, 2024
Political Speech Groups Challenge NJ Judicial Privacy Case
Two voting-integrity groups moved Friday to dismiss federal claims brought against them under New Jersey's Daniel's Law on the grounds that their business of publishing voter registration information is political speech protected by the First Amendment and federal voting rights laws.
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June 14, 2024
Justices Overturn ATF Rule Banning Bump Stocks
The U.S. Supreme Court ruled Friday that the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives does not have the authority to ban bump stocks, finding that the firearm accessory can't be considered a machine gun for purposes of the National Firearms Act.
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June 13, 2024
Thomas Targets Group Standing In Mifepristone Ruling
U.S. Supreme Court Justice Clarence Thomas joined his colleagues Thursday to unanimously uphold broad access to the abortion medication mifepristone for now, but he wrote separately to challenge a standing rule that often serves as the key to the courthouse doors for litigants of all varieties.
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June 13, 2024
Equipment Maker Looks To Chill Ice Creamery's Use Of Its IP
A company that holds a patent for making ice cream using cryogenics has accused a Florida franchisor of falsely claiming to operate under a patent, saying in Washington federal court that the dessert purveyor has even been charging franchisees an "intellectual property fee."
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June 13, 2024
NYC Sued Over Policy Targeting Unlicensed Pot Stores
More than two dozen New York City retailers have launched a proposed federal class action against the city alleging that enforcement of a new policy targeting stores for selling cannabis without a license has resulted in the unconstitutional closing of hundreds of businesses.
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June 13, 2024
Monsanto Can't Plead Ignorance On PCB Pollution, Cities Say
Chicago suburbs looking to hold Monsanto and related businesses accountable for their financial share of reducing pollutants in water that flows into Lake Michigan urged an Illinois state court to keep their case alive, arguing the companies should have known about the dangers of the chemicals in products.
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June 13, 2024
Oral Arguments Granted In $51M NOLA Airport Defect Row
A Louisiana federal judge will hear oral arguments next month over a counterclaim brought by the city of New Orleans concerning damages at a $1 billion terminal project for the Louis Armstrong New Orleans International Airport.
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June 13, 2024
Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told
A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.
Expert Analysis
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
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.
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How Echoing Techniques Can Derail Witnesses At Deposition
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.
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Proposed RCRA Regs For PFAS: What Cos. Must Know
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.
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7 Common Myths About Lateral Partner Moves
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.
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Series
Cheering In The NFL Makes Me A Better Lawyer
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.
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Using Arbitration And Class Waivers As Privacy Suit Tools
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.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
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.
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Why Fla. High Court Adopting Apex Doctrine Is Monumental
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.
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A Post-Mortem Analysis Of Stroock's Demise
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.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
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.
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Legislative And Litigation Trends In Environmental Advertising
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.
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Considering The Logical Extremes Of Your Legal Argument
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.