Product Liability

  • December 19, 2024

    Feds Fight Calif. Tribe's Bid To Block Casino Trust Order

    The federal government is fighting a bid by a California tribe to block the U.S. Department of the Interior from approving a casino project on its historic homelands, arguing that it has not yet identified any irreparable harm that would justify a temporary restraining order.

  • December 19, 2024

    Judge Says Some Paraquat Plaintiffs Being Left In Dark

    Amid a hearing targeting fall 2025 for a first bellwether trial over the alleged link between the pesticide paraquat and Parkinson's disease, an Illinois federal judge told plaintiffs' lawyers to keep in better touch with their clients after her chambers received calls from plaintiffs wondering what's happening with their cases.

  • December 19, 2024

    Vape Cos. Challenge Iowa Law Banning Many E-Cigarettes

    Iowan vape interests are looking to stop state officials from enforcing a new law prohibiting the sale of many e-cigarettes, claiming in a federal lawsuit that the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.

  • December 19, 2024

    Juice Co. Pres. Supplied Tainted Drink To Low-Income Students

    A Washington-based fruit juice company executive pled guilty to charges related to selling tainted juice — some of which found its way into free or low cost lunches provided to students from low-income households — federal prosecutors announced on Thursday along with her nearly $750,000 penalty.

  • December 19, 2024

    5th Circ. Finds No 230 Immunity In Salesforce Trafficking Suit

    The Fifth Circuit on Thursday shut down Salesforce Inc.'s arguments that it was immune under the Communications Decency Act to claims that it benefited from sex trafficking that took place on Backpage.com, saying the plaintiffs' claims do not treat Salesforce as a publisher or speaker of third-party content.

  • December 19, 2024

    2nd Circ. Mulls Dormant Commerce Applicability To Marijuana

    A Second Circuit panel appeared conflicted Thursday on whether the dormant commerce clause applies to federally illegal marijuana and, if so, whether New York cannabis regulators still had an interest in ensuring that some cannabis licenses went to locals.

  • December 19, 2024

    Full 6th Circ. Will Rehear GM Transmission Defect Case

    The Sixth Circuit on Thursday granted General Motors LLC's request for a full bench rehearing of a panel's decision from earlier this year upholding class certification for a group of drivers who allege the automaker knowingly sold vehicles with defective transmissions.

  • December 19, 2024

    Michigan's Biggest Decisions Of 2024

    This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.

  • December 19, 2024

    Kia Telluride Owners Allege Brake Defect In Proposed Action

    Telluride SUV owners told a California federal judge Tuesday Kia America Inc. knowingly sold 2020-2024 models of the vehicles with faulty brakes, putting them at significant risk.

  • December 19, 2024

    Chemours, DuPont Say New Info Undermines Class Cert.

    The Chemours Co. FC LLC and EIDP Inc. are asking a North Carolina federal judge to decertify classes in a consolidated suit alleging that they knew about PFAS leaks into their water systems, saying information that's come to light since the certification disqualifies the named plaintiffs from representing the class and undermines the alleged common proof of their claims.

  • December 19, 2024

    Philips CPAP Suits Against SoClean Tossed From MDLs

    A Pennsylvania federal judge has tossed two complaints from Philips RS North America against SoClean Inc. from multidistrict litigation stemming from a CPAP machine recall, saying one would disrupt the wrap-up of the MDL surrounding Philips' products, while the other should not have been filed directly into the SoClean MDL.

  • December 18, 2024

    Feds Get Judge's OK On $150M Lower Passaic Pollution Deal

    A New Jersey federal judge Wednesday signed off on the federal government's $150 million consent decree with 82 companies that share some responsibility for the Garden State's Lower Passaic River pollution, calling the agreement "an important next step" in holding the companies accountable and furthering cleanup efforts.

  • December 18, 2024

    Emissions Cheating Biz Gets Truck Tuning Co. CEO 10 Months

    The owner of a prominent Louisiana automotive tuning company will serve 10 months of a three-year probation term on house arrest in addition to paying a $1.55 million criminal fine after pleading guilty to selling illegal software that bypassed diesel trucks' emissions controls, the U.S. Department of Justice announced Wednesday.

  • December 18, 2024

    Monsanto Protests DNA Damage Argument In PCB Closings

    An attorney in a toxic tort against Monsanto drew a sustained objection from the company's defense during closings Wednesday as he attempted to argue that some of the young girls allegedly exposed to PCBs "will give birth to children with altered DNA," as counsel sparred over whether the plaintiffs suffered "generational harm."

  • December 18, 2024

    Standing Unchanged In Gun Show Loophole Case, States Say

    A Texas-led coalition of states has told a federal judge that the ATF failed to "move the needle" in arguing that several pro-Second Amendment organizations don't have standing to challenge a Biden administration rule that would broaden the scope of who qualifies as a firearms dealer. 

  • December 18, 2024

    Funding Bill Takes In Broadband, Ticketing, Privacy

    A congressional spending package that would fund the federal government through March is set to include a slew of bipartisan proposals aimed at digital security, online pricing transparency and rural broadband access.

  • December 18, 2024

    Philip Morris Sues FDA Over New Cigarette Warning Labels

    Tobacco giant Philip Morris and a group of Georgia convenience store interests have sued the U.S. Food and Drug Administration over a rule that would add graphic warnings to cigarette labels, alleging the agency is exceeding its statutory authority in a move that would mark a "sea change" for the industry.

  • December 18, 2024

    Family Dollar Sues Supplier Over Cable That Burned Buyer

    Family Dollar Services LLC is suing one of its suppliers, alleging that it sold the retail chain a faulty lightning charger cord that malfunctioned and burned a minor who was using it.

  • December 18, 2024

    CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say

    The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety. 

  • December 18, 2024

    Conn. AG Can't Close Courtroom In Ghost Gun Hearing

    A Connecticut state judge won't close the courtroom for a damages hearing in a suit by the state against an online shop selling so-called ghost gun kits, saying the public's interest in the facts of the case outweighs the state's concerns about an undercover investigator's safety.

  • December 18, 2024

    EPA Greenlights California's Race To 100% ZEVs By 2035

    The U.S. Environmental Protection Agency on Wednesday authorized California's plan to require that all new light cars and trucks sold in the state be zero-emission vehicles by 2035, a move that was instantly slammed by the fossil fuel industry.

  • December 18, 2024

    RJ Reynolds Asks Justices To Toss Forum Shopping Argument

    R.J. Reynolds Vapor Co. is urging the U.S. Supreme Court to reject the U.S. Food and Drug Administration's argument that the vape company engaged in forum shopping when it challenged denial of one of its applications in the Fifth Circuit, saying its Texas- and Mississippi-based co-petitioners make the Fifth Circuit the proper venue.

  • December 18, 2024

    Connecticut AG Gets Remand Of 'Forever Chemicals' Suit

    A Connecticut federal judge has shipped one of the state's PFAS "forever chemicals" lawsuits back to state court, siding with the state attorney general's argument that the case targeted pollution from consumer products and civilian industrial sources that were not "inextricably commingled" with chemicals produced to military specifications.

  • December 18, 2024

    Talc Law Firm Seeks Judge's DQ In Beasley Allen Suit

    An Alabama federal judge's prior representation of Montgomery-based Beasley Allen Law Firm is grounds for The Smith Law Firm PLLC's motion filed Wednesday calling for the judge's recusal from Beasley Allen's breach of contract suit against the Smith firm regarding alleged owed expenses from a joint venture the two firms shared.

  • December 18, 2024

    The Biggest 1st Circ. Rulings Of 2024

    The nation's smallest federal circuit court in 2024 issued an opinion tackling the government of Mexico's efforts to hold U.S. firearms makers responsible for the flow of illegal arms across the southern border, determining the claims are not barred by a litigation shield, among other high-profile decisions.

Expert Analysis

  • The Complex Challenges Facing Sustainable Food Packaging

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    More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • How Multifamily Property Owners Can Plan For The EV Future

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    As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Enviro Policy Trends That Will Continue Beyond The Election

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    Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

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    The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

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