Product Liability

  • January 13, 2025

    Judge In John Deere Antitrust Case Flags Potential Conflict

    The Illinois federal judge overseeing a proposed right-to-repair class action against John Deere told the parties on Monday that he is facing a potential conflict of interest after finding the name of a "good friend" in documents connected to the case.

  • January 13, 2025

    Justices Won't Grab The State Climate Tort Reins, For Now

    The U.S. Supreme Court appears unwilling to determine the fate of climate change lawsuits against fossil fuel companies until state courts have at least grappled with the substance of the allegations made by state and local governments.

  • January 13, 2025

    Judge Says California Tribe Can't Block Casino Land Decision

    A California tribe can't block the Interior Department from taking 65 acres into trust for a fellow state tribe's proposed casino project, a federal district judge said, arguing that it has not satisfied the burden to prove an immediate threat of irreparable harm.

  • January 13, 2025

    NC Judge Rebuffs Redo In Pool Co.'s $16M False Ads Trial

    A North Carolina federal court said Monday it did not err in letting a Chinese pool parts supplier's American rival introduce evidence that its "Made in the USA" claims misled customers, denying the company a do-over on a false advertising and unfair business practices trial that resulted in a $16 million judgment against it.

  • January 13, 2025

    Tesla Wants Judge DQ'd From Accident Suit Over Prior Work

    Tesla wants a California federal judge disqualified from hearing a woman's personal injury lawsuit against it over the judge's previous work for a law firm that had won a $3.2 million jury verdict against the electric carmaker.

  • January 13, 2025

    PBMs' Federal Work Irrelevant To Opioid Suit, Mich. AG Says

    Michigan's attorney general urged a federal judge Friday to send a case accusing pharmacy benefit managers of stoking the opioid crisis back to the state court where it was originally filed, saying there is nothing federal about the claims.

  • January 13, 2025

    Justices Again Refuse To Review State Climate Torts

    The U.S. Supreme Court on Monday again refused to wade into climate change tort litigation brought by state and local governments against fossil fuel companies, rejecting a request by energy giants to nix a suit lodged by Honolulu.

  • January 10, 2025

    Texas High Court Flips Course To Hear Boeing Back Pay Suit

    The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.

  • January 10, 2025

    Social Media Apps Fail To Trim Calif. Mental Health Mass Tort

    Meta Platforms, YouTube, Snap and TikTok have lost a bid to cut failure-to-warn claims from consolidated litigation over their social media platforms' alleged harm to youth mental health, with a California state judge ruling that neither the Communications Decency Act nor the First Amendment bar liability based on an app's own features.

  • January 10, 2025

    Contractor Seeks Coverage For $2.5M Grass Damage Row

    An air services company told a New York federal court Friday that an AIG unit cited a raft of inapplicable exclusions to deny commercial general liability coverage over claims that it caused nearly $2.5 million in damages by aerially applying herbicides on the wrong areas.

  • January 10, 2025

    FDA Tells Justices RJ Reynolds Challenge Belongs In DC Circ.

    The U.S. Food and Drug Administration urged the U.S. Supreme Court on Friday to send a suit by R.J. Reynolds Vapor Co. and two retailers challenging the denial of a marketing application from the Fifth Circuit to the D.C. Circuit, saying federal law doesn't allow a manufacturer to forum shop by bringing a retailer into its challenge.

  • January 10, 2025

    Ga. Solar Farm Damages Fight Settles Ahead Of April Trial

    A Georgia couple has reached a settlement with the owners and developers of a neighboring solar farm and their contractor just two months after a judge ordered that a second trial was needed to determine damages in the multimillion-dollar case.

  • January 10, 2025

    The Firefighting Foam 'Forever Chemicals' MDL: A Snapshot

    A round of big settlements was recently completed seven years into a sprawling multidistrict litigation over chemical companies' liability for alleged harms caused by exposure to so-called forever chemicals in firefighting foam. Here, Law360 examines what’s still at stake in the ongoing litigation.

  • January 10, 2025

    FDA Issues Infant Formula Safety Strategy

    The U.S. Food and Drug Administration on Friday sent out a strategy to boost the resiliency of the country's infant formula market in the wake of a 2022 recall and the aftermath of a shortage of baby formula.

  • January 10, 2025

    J&J Talc Claimants Seek Sanctions Over Morelli No-Show

    A group of attorneys representing talc claimants in Johnson & Johnson unit Red River Talc's Chapter 11 case has urged a Texas bankruptcy judge to sanction Morelli Law Firm PLLC's founding partner, Benedict Morelli, for allegedly failing to appear in person at a December hearing and falsely claiming to have resolved a dispute with the talc group.

  • January 10, 2025

    Ex-McKinsey Partner Admits To Obstructing Purdue Probe

    A former senior partner at consulting giant McKinsey & Co. pled guilty Friday to obstructing the U.S. Department of Justice's investigation into the firm's work with opioid manufacturer Purdue Pharma LP, a month after McKinsey agreed to pay $650 million to resolve related charges.

  • January 09, 2025

    Texas Hits TikTok With Another Suit Over Child-Online Safety

    Texas hit TikTok with another lawsuit in the Lone Star State court following similar consumer protection suits, accusing the social media giant — which is facing a ban in the U.S. — of deceptively marketing its purportedly addictive app as safe for minors despite letting explicit material run rampant on the platform.

  • January 09, 2025

    Kroger Accused By Calif. AG Of Ignoring Opioid 'Red Flags'

    California's attorney general has accused The Kroger Co. of ignoring "red flags" of opioid misuse, alleging in a lawsuit lodged in a Los Angeles state court that the supermarket giant dispensed opioids without first questioning the legitimacy of prescriptions.

  • January 09, 2025

    J&J Spin-Off Says Talc Committee Can't Hire Brown Rudnick

    Johnson & Johnson's bankrupt spin-off called Brown Rudnick's bid to represent an official committee of talc claimants "an ethical violation," telling a Texas bankruptcy judge that the law firm's previous work for a group trying to toss the case clashes with the committee's support for its Chapter 11 plan.

  • January 09, 2025

    Ark. Cites 4th Circ. Ruling In Dispute Over Hemp THC Limit

    Arkansas is pointing the Eighth Circuit's judges toward an opinion earlier this week from their colleagues in the Fourth Circuit, saying they should consider it as they mull whether to allow the state's regulations on intoxicating hemp products to stand.

  • January 09, 2025

    Stem Cell Therapy Co. Hit With $5.1M Deceptive Ad Judgment

    A Georgia federal judge has ordered a stem cell therapy company and its co-founders to pay the state $5.1 million for falsely marketing its product as a cure-all miracle treatment for a slew of different medical conditions.

  • January 09, 2025

    Plane Crash Victims Tell NC Panel To Toss Engine Co. Appeal

    The estates of four plane crash victims have asked the North Carolina state appeals court to throw out what they characterize as a last-ditch effort by defense giant Avco Corp. and its subsidiary Lycoming Engines to avoid going to trial, saying the appeal is two years too late.

  • January 09, 2025

    SharkNinja Customer Sues For $3.75M After Blender Explodes

    A woman who was nearly blinded when her Ninja brand blender "exploded" claimed SharkNinja's design of the appliance was defective in a complaint transferred to Michigan federal court this week.

  • January 09, 2025

    Embryo Loss Suits Against CooperSurgical Mount In Conn.

    CooperSurgical Inc. now faces four lawsuits in Connecticut that allege a defective product caused the loss of embryos conceived through in vitro fertilization, after a Georgia couple added their case to a growing pile of litigation.

  • January 08, 2025

    Consumers Get Class Cert. In Suit Over Law Firm's Robocalls

    A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.

Expert Analysis

  • Opinion

    Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

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    A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.

  • Product Safety Issues In 2024 Highlight Need For Vigilance

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    A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • Unwrapping Retailer AI Risks Amid Holiday Shopping Season

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    While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

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