Product Liability

  • June 06, 2024

    Co. Won't Face Defect Claims In Suit Over Lost Fingers

    A worker who lost her fingers after her right hand was pulled into an industrial laminating machine won't get the chance to add design defect claims to her lawsuit against the manufacturer, a Texas federal judge has ruled, saying she squandered her opportunity to investigate those claims.

  • June 06, 2024

    5th Circ. Backs Chevron In La. Drilling Contamination Fight

    The Fifth Circuit on Thursday reversed a lower court ruling directing Chevron to submit a plan to clean up Louisiana properties allegedly contaminated by oil and gas development, saying that state law only requires the company to look for potential damage.

  • June 06, 2024

    EPA To Reevaluate Widely Used Toxic Chemical Under TSCA

    The U.S. Environmental Protection Agency has proposed a rule to limit the use of a chemical found in hundreds of products from paint to cleaning products that has been linked to miscarriages, reduced male fertility and other health issues.

  • June 06, 2024

    Abbott Labs Must Face Bulk Of Glucerna False Ad Suit

    A California federal judge won't free Abbott Laboratories from a proposed class action over its Glucerna shakes, saying the complaint plausibly alleges that the labeling would mislead consumers about the health aspects of the drinks.

  • June 06, 2024

    Law Firm Says Axe 'Draconian' J&J Subpoena In Talc Claim

    A Mississippi plaintiffs firm urged a New Jersey federal court on Thursday to quash a subpoena served by Johnson & Johnson requesting that the firm turn over documents related to litigation funding and its communication with media outlets, calling the subpoena "draconian" and improper as the firm is not a party to the pharmaceutical giant's current personal injury litigation surrounding its talcum powder products.

  • June 06, 2024

    'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say

    BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."

  • June 05, 2024

    Nissan Driver's Injuries Came From Head Strike, Surgeon Says

    A Nevada neurosurgeon told a jury Wednesday that the neck injuries he saw on a Nissan driver whose airbags allegedly misdeployed were "objectively" caused by a strong force against the forehead, despite a radiologist's differing opinion.

  • June 05, 2024

    BIA Escapes Washington Ranch's $48M Wildfire Suit

    A federal judge in Washington state on Wednesday tossed a ranch's $48 million negligence lawsuit alleging the Bureau of Indian Affairs is liable for damages from a 2020 wildfire, ruling that agreements between the bureau and a Native American tribe did not spell out a specific firefighting duty.

  • June 05, 2024

    Paddle Co. Misrepresented Pickleball Products, Suit Says

    The makers of the Joola brand, a major name in table tennis, falsely advertised many of their pickleball paddles, including some bearing athlete Ben Johns' name, as approved for tournament play in order to rapidly gain market share in the sport, according to a proposed class action filed in Florida federal court Wednesday seeking at least $5 million.

  • June 05, 2024

    Brown Rudnick Partner's 50% Fee Hike Nixed In Ch. 11 Case

    A Brown Rudnick LLP bankruptcy partner Wednesday had his 50% fee increase rejected by a Delaware judge, who took issue with the proposed hike to $1,500 an hour for representing the creditors' committee in Kidde-Fenwal Inc.'s Chapter 11 case.

  • June 05, 2024

    Google Cleared From Suit Over Animal Abuse YouTube Videos

    A California appeals panel has tossed a nonprofit's suit alleging that Google LLC breached its contract by allowing animal abuse videos on YouTube, saying Section 230 of the Communications Decency Act blocks all its claims.

  • June 05, 2024

    Toshiba Unit CEO Can Be Deposed In $500M Mich. Plant Suit

    The leader of a Toshiba Corp. subsidiary can be deposed in a lawsuit from Michigan energy companies alleging Toshiba's overhaul on a plant was shoddy and will cost more than $500 million to fix, as a Michigan federal judge has found the executive has relevant knowledge about the defective work.

  • June 05, 2024

    Attys Get Third Of $1.4M Webster Bank Breach Deal

    A New Jersey federal judge on Wednesday granted final approval to a $1.4 million settlement, including $476,000 in fees for class counsel, in a suit from a class of account holders that sought to hold Webster Bank and its fraud detection services provider liable for a ransomware attack.

  • June 05, 2024

    Samsung Escapes Illinois Suit Over Exploding Vape Battery

    An Illinois state appeals court has freed South Korea-based Samsung SDI Co. Ltd. from a suit alleging it sold a lithium-ion battery that exploded in a man's pocket, finding the man failed to provide any evidence that the company directed its wares at Illinois.

  • June 05, 2024

    French Bulldog Breeder Says Partner Conned Her Out Of $95K

    A woman has told a federal court that a Houston-area French bulldog breeder inflated the price of four dogs by $95,000 and has refused to pay her her share of breeding fees stemming from their 2022 partnership.

  • June 05, 2024

    Camp Lejeune Plaintiffs Must Specify Water Caused Illnesses

    The North Carolina federal court overseeing the Camp Lejeune contaminated-water litigation said Wednesday that former residents of the Marine base need to show that their illnesses were caused specifically and generally by exposure to the tainted water.

  • June 04, 2024

    Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici

    Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.

  • June 04, 2024

    Monsanto Tries To Flip $1B PCB Losses As Plaintiffs Press On

    Monsanto is moving to capitalize on a Washington state appellate victory it claims casts doubt on more than $1.1 billion in PCB poisoning verdicts, while plaintiffs are staking out positions to defend — and even build on — their blockbuster wins.

  • June 04, 2024

    Insulin Pens Exposed Patients To Disease, Hospital Says

    A Connecticut-based hospital says medical device manufacturer Novo Nordisk should be on the hook for a $1 million settlement the hospital paid to end claims that patients were exposed to blood-borne infections because of the medical staff's use of Novo Nordisk's product.

  • June 04, 2024

    Monsanto Gets $2.25B Roundup Verdict Slashed To $404M

    A Pennsylvania judge on Tuesday slashed a $2.25 billion verdict awarded to a cancer patient who claimed Monsanto's glyphosate-based weedkiller Roundup contributed to his lymphoma, reducing the jury's 10-figure damages award to $404 million after the Bayer AG subsidiary argued that the initial award was "unconstitutionally excessive."

  • June 04, 2024

    FDA Advisers Rebuff Bid To Treat PTSD With MDMA

    A panel of public health experts on Tuesday dealt a blow to a historic effort to regulate MDMA therapy for post-traumatic stress disorder, saying although the positive effects shown in clinical trials are promising, the proposal was hindered by too many confounding factors.

  • June 04, 2024

    'Ghost Gun' Makers Ask 2nd Circ. To Weigh In On NY AG Case

    A group of companies being sued by the New York attorney general over their distribution of so-called ghost gun kits is asking the Second Circuit to weigh in on the case and decide whether the parts kits can be considered "firearms" and if they are entitled to immunity under federal firearms law.

  • June 04, 2024

    Zantac Suits Belong In Conn. State Court, Cancer Patients Say

    Lawsuits claiming Zantac and its generic equivalents caused cancer belong in Connecticut state court, two groups of Constitution State cancer patients and their estates say, arguing against several drugmakers' assertions that they can't be sued in the state on innovator and warning label liability claims.

  • June 04, 2024

    Chancery Pauses Meta Suit While Calif., Texas Cases Continue

    Delaware's Chancery Court on Tuesday paused a derivative suit seeking potentially massive damages from Meta Platforms Inc.'s leaders for failing to eliminate pedophilia, human trafficking and child exploitation content from its social media sites, pending resolution of direct damages suits in Texas and California.

  • June 04, 2024

    J&J Owes $260M To Ore. Talc Mesothelioma Patient, Jury Says

    An Oregon state jury has ruled that Johnson & Johnson owes $260 million to a woman who said she developed mesothelioma from breathing in asbestos during daily talcum powder use.

Expert Analysis

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

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    A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.

  • Legal Issues Loom For Driverless Trucking

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    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

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