Product Liability

  • January 30, 2025

    Plaintiffs, Pfizer Spar Over Where To Join Depo-Provera Suits

    Consumers who claim Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate their cases but sparred over whether to move them to California or New York.

  • January 30, 2025

    Erewhon, Mother's Market Sued Under Prop 65 For Lead In Chips

    Erewhon and Mother's Market & Kitchen sold kale chips with cadmium and lead, which could cause cancer and reproductive harm, a consumer protection group said Wednesday in a complaint in California state court that seeks to hold them liable for violations of Proposition 65.

  • January 30, 2025

    Consumers Want L'Oréal Acne Products Suits In Hawaii

    Plaintiffs suing L'Oréal for selling acne products that could break down into the carcinogen benzene took a second stab at consolidating their lawsuits, asking the U.S. Judicial Panel on Multidistrict Litigation on Thursday to join the suits in Hawaii.

  • January 30, 2025

    Peruvians Tell High Court Smelter Lawsuit Should Proceed

    Peruvian nationals suing U.S. billionaire Ira Rennert's The Renco Group Inc. for allegedly poisoning them with toxic chemicals from a smelting and refining complex in a rural part of the country are asking the U.S. Supreme Court to let their litigation move forward.

  • January 30, 2025

    Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told

    Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.

  • January 30, 2025

    Ga. Businesses 'Over The Moon' With Tort Reform Proposals

    Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.

  • January 30, 2025

    NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund

    In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.

  • January 30, 2025

    SCOTUSblog Publisher Can't Shield Home From Forfeiture

    SCOTUSblog publisher Tom Goldstein won't be able to shield his Washington, D.C., residence from forfeiture by substituting various properties in South Carolina as he battles charges that he dodged taxes and used his law firm's money to pay off gambling debts.

  • January 29, 2025

    Albertsons Must Face County's Opioid Nuisance Claims

    Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.

  • January 29, 2025

    BI Ignored 'Red Flag After Red Flag' On Zantac, Jury Hears

    Counsel for two men retrying their cancer case against Boehringer Ingelheim told an Illinois state court jury Wednesday that the drugmaker stuck its head in the sand and ignored warning signs that taking its over-the-counter Zantac could lead to cancer development.

  • January 29, 2025

    Ferrari Exits Fla. Driver's Brake Defect Suit Due To Jurisdiction

    A race car driver who suffered life-altering injuries when the Ferrari 458 Challenge he was driving crashed into a concrete wall can't sue Ferrari in state court, a Florida state appeals court panel ruled Wednesday, saying the courts do not have jurisdiction over the Italian automaker.

  • January 29, 2025

    8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal

    The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.

  • January 29, 2025

    CPSC Wants Baby Sleep Co.'s Weighted Blanket Suit Tossed

    The Consumer Product Safety Commission urged a D.C. federal court to toss a suit brought by Dreamland Baby Co., saying it and one of its commissioners acted within their authorities when warning the public against using weighted blankets for infants, like the ones the company makes.

  • January 29, 2025

    Tom Goldstein Seeks To Shield DC Home In Tax Crimes Case

    Appellate lawyer and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Wednesday if he could put up three South Carolina properties as collateral for his pretrial release in place of his Washington, D.C., home as he faces charges of tax evasion and mortgage fraud.

  • January 29, 2025

    EPA Can't Invoke Immunity In Flint Water Crisis Suit

    The U.S. Environmental Protection Agency is not entitled to a government immunity defense in a lawsuit filed by Flint, Michigan, residents who claim it failed to take proper action during a lead-tainted drinking water crisis, a federal judge has said.

  • January 29, 2025

    SCOTUSBlog Publisher Faces Tough Odds In Tax Crimes Case

    SCOTUSblog publisher Tom Goldstein, an expert U.S. Supreme Court lawyer accused of paying gambling debts with funds from his law firm and dodging taxes, faces an uphill battle given the considerable amount of evidence the government has already included in an indictment against him, attorneys told Law360. 

  • January 29, 2025

    Chinese Co. Execs Convicted Over Fentanyl Chemical Imports

    Two former executives of a Chinese chemical company were convicted Wednesday of charges related to a purported scheme to import fentanyl precursor chemicals in order to manufacture large quantities of the drug, as well as laundering funds.

  • January 29, 2025

    4 Questions About Trump's Federal Worker Resignation Policy

    President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.

  • January 29, 2025

    Ga. Judge Cuts Atty Fees In Home Depot Class Settlement

    A Georgia federal judge has granted final approval to a settlement between Home Depot Corp., Reliance Worldwide Corp. and a class suing over allegedly faulty water heater connector hoses but awarded class counsel $1.9 million in fees instead of the $2.1 million initially requested.

  • January 29, 2025

    RFK Jr. Disputes Anti-Vax Label In HHS Confirmation Hearing

    Robert F. Kennedy Jr. attempted Wednesday morning to convince Republican and Democratic lawmakers that he is not anti-vaccine, despite many of his past comments to the contrary, as he hopes to convince them to confirm his appointment as head of the U.S. Department of Health and Human Services.

  • January 28, 2025

    Trump Tells Federal Workers They're Welcome To Resign

    The Trump administration on Tuesday emailed about 2 million federal employees offering them the option to resign but continue to be paid to the end of September, in an effort to implement a campaign promise to drastically cut the federal workforce and only keep employees who are "loyal" and "trustworthy."

  • January 28, 2025

    Norfolk Southern Cuts $22M Derailment Deal With Ohio Village

    Norfolk Southern Corp. has reached a $22 million settlement with East Palestine, Ohio, to resolve claims over the 2023 train derailment and chemical spill near the Ohio-Pennsylvania border, according to a joint statement published on the village's website Monday.

  • January 28, 2025

    Sig Sauer's Strategy To DQ Experts Gets Knocked Out At 6th Circ.

    Gunmaker Sig Sauer Inc.'s legal strategy to disqualify experts who testified its P320 pistol was defectively designed suffered a blow when the Sixth Circuit ruled, in a split decision, that the witnesses could opine on if the arms manufacture should have utilized a safer build, forecasting potential outcomes in similar appeals before the Third and Tenth circuits.

  • January 28, 2025

    9th Circ. Backs Class Attys' $8M In Fees In Joint Juice Suit

    The Ninth Circuit on Tuesday upheld an $8 million fee award to plaintiffs who prevailed in a false advertising suit against food company Premier Nutrition Corp. over its Joint Juice supplement, finding the lower court didn't abuse its discretion in awarding fees for work plaintiffs' attorneys performed while a related case was pending.

  • January 28, 2025

    Gunmaker Must Face AIG Units' Breach Counterclaims

    Firearms-maker Colt's Manufacturing Co. LLC can not dodge claims that it breached a contract by failing to pay the first $250,000 in annual legal expenses it incurred while defending against litigation brought by the city of Gary, Indiana, a Connecticut federal court ruled.

Expert Analysis

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • The AI Consumer Class Action Threat Is Not A Hallucination

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    As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • EPA's New Lead Pipe Rule Leaves Key Questions Unanswered

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    The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Trump Rollback Of Biden Enviro Policies: What To Expect

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    Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

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