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Product Liability
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July 24, 2024
Peanut Allergy Death Suit Returns To Conn. State Court
Settling accusations of procedural "gamesmanship," a federal judge has approved an agreement to return to Connecticut state court a lawsuit against the Stew Leonard's grocery store chain by the estate of an Ailey School-trained ballet dancer who allegedly died from eating mislabeled peanut-laden cookies manufactured by another company.
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July 24, 2024
Insurers Get Hyundai, Kia Engine Claim Suits Remanded
A California federal court has remanded to state court four suits by insurers claiming that Hyundai and Kia are on the hook for 829 engine failure and engine fire claims totaling over $7.7 million in damages, saying the automakers' snap removals violated the forum defendant rule.
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July 24, 2024
EPA Moving Toward New Regulations For 5 Chemicals
The U.S. Environmental Protection Agency on Wednesday kicked off the process to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, last year.
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July 23, 2024
Knives Out For Another Pro-Agency Landmark After Chevron
Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.
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July 23, 2024
Meet The Lead Ozempic Lawyers
The recently deceased U.S. District Judge Gene E.K. Pratter this past spring appointed plaintiff leadership in litigation over Ozempic and similar drugs over allegations that the medications cause gastrointestinal issues. Here's who's who in the list of plaintiffs' leaders.
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July 23, 2024
Cannabis Industry Stakeholders Weigh In On Rescheduling
As the period for public comment on the Biden administration's proposal to reclassify marijuana came to a close Monday, anti-legalization activists, marijuana industry advocates and state cannabis regulators each submitted their thoughts on the potential policy shift.
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July 23, 2024
X's Tesla Ties Could Require Judge's Recusal, Watchdog Says
Elon Musk's X Corp. wants to avoid disclosing its financial links with Tesla in the social media company's defamation lawsuit against Media Matters for America because the Texas federal judge overseeing the case likely holds Tesla stock and would need to recuse himself, the progressive media watchdog said.
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July 23, 2024
EPA Must Ban PFAS In Pesticides, Environmental Groups Say
Farmer advocacy groups and environmentalists urged the U.S. Environmental Protection Agency to flex its regulatory muscles and prohibit the use of pesticide formulas and containers made with so-called forever chemicals, according to a petition that says the agency is doing little to address the issue.
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July 23, 2024
Aviation Co. Sheds Claims In Conn. Cessna Crash Suit
A Connecticut state court judge has struck numerous product liability claims against two individuals and Interstate Aviation Inc., a Plainville company that employed the pilots of a Cessna that crashed into a factory in 2021, but kept alive the same allegations against the Florida company that owned the plane and arranged the flight.
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July 23, 2024
Laser Sights Not 'Arms,' Judge Rules, Backing Chicago Ban
An Illinois federal judge Monday upheld the constitutionality of Chicago's laser sight ban and refused to entertain a resident's "eleventh-hour request" to pursue nominal damages, ending the 14-year-old case.
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July 23, 2024
EPA Tells 5th Circ. Louisiana Can't Stall Chemical Regulation
The U.S. Environmental Protection Agency says the Fifth Circuit cannot decide whether a Louisiana regulator can give a neoprene maker an extra two years to comply with a federal chemical rule because the issue is already before the D.C. Circuit.
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July 23, 2024
Yamaha Sinks Defective WaveRunner Watercraft Suit
An Illinois federal judge on Tuesday threw out a proposed class action alleging Yamaha Motor Corp. USA sold WaveRunner-brand personal watercraft with defective fuel gauges and trip computers, saying the complaint fails to properly allege a breach of warranty or fraud.
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July 23, 2024
Mercedes-Benz Wants Defective Wheel Suit Tossed
Mercedes-Benz USA LLC is asking a Georgia federal judge to scrap a proposed class action over an allegedly defective wheel configuration on S580 sedans, arguing that a Nevada man's two punctured tires on a cross-country road trip aren't enough to support his claims.
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July 23, 2024
House Panel Weighs New Rail Safety Regs After East Palestine
The fiery Norfolk Southern derailment in East Palestine, Ohio, last year has created new urgency for strengthening federal standards for tank car designs, rail safety technology, track inspection protocols and classifying hazardous materials-carrying trains, industry experts told a House subcommittee Tuesday.
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July 23, 2024
4th Circ. Says Bad Jury Instructions Gave J&J Win In Mesh Suit
The Fourth Circuit has vacated a judgment in Ethicon Inc. and Johnson & Johnson's favor in a suit from a woman alleging Ethicon's pelvic mesh was defective, saying a federal judge was wrong to limit her expert's opinion based on the so-called elimination mandate.
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July 23, 2024
Tesla Crash Victim's Parents Urge Fla. Top Court To Allow Depos
The father of a Florida teenager killed in a Tesla Model S crash in 2018 has urged the state's high court to review a lower court's orders quashing depositions of company CEO Elon Musk and another executive, saying the orders directly conflict with Florida case law.
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July 23, 2024
Fiat Chrysler Escapes Damages, But Defect Finding Stands
Fiat Chrysler doesn't owe anything to consumers who sued it over allegedly faulty automatic head restraints in its vehicles, a Florida federal judge ruled, affirming a Fort Lauderdale jury's determination, but he declined to give the automaker a total win because it did violate the state's unfair trade law.
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July 23, 2024
Split 2nd Circ. Keeps Zantac Suits In Conn. State Court
A split Second Circuit panel on Tuesday allowed nine consolidated suits over carcinogens in heartburn medication Zantac to remain in Connecticut state court, with the majority ruling that the cases' consolidation is not enough to open up federal jurisdiction.
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July 23, 2024
General Mills Settles 2012 Suit Over 'All Natural' Kix Cereal
Consumers have reached a settlement with General Mills Inc. to resolve a 2012 suit alleging it lied about Kix cereal being "all natural" even though it contains bioengineered ingredients, according to a New Jersey federal court order.
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July 23, 2024
Funds Say Boeing Can't Ditch 737 Max Securities Suit
Pension funds leading a proposed securities fraud suit against Boeing have fired back at the airline manufacturer's attempt to dismiss allegations that it misled investors about the safety of its 737 Max jets, saying the suit sufficiently showcases how missteps by Boeing's top brass diminished shareholder value.
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July 23, 2024
LA Sued Over Illegal Pollutant Discharges In San Pedro Bay
The city of Los Angeles was hit with a Clean Water Act suit in California federal court Tuesday by a nonprofit accusing it of regularly violating its wastewater discharge permit by exceeding limits on dangerous pollutants dispelled into the San Pedro Bay, threatening aquatic life and public health.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
GM Says $100M Fee Request In Engine Defect Suit Is Too Much
General Motors LLC is urging a California federal court not to grant more than $100 million in fees and $1 million in costs to counsel for a class of car buyers who won a $100 million trial in 2022, saying many of the fees and costs can't be recovered under the law.
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July 23, 2024
Insurers Must Defend Well Driller In Lead Contamination Suit
Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.
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July 23, 2024
Sig Sauer Says $2.35M Verdict Result Of 'Passion & Prejudice'
After a Georgia jury hit gunmaker Sig Sauer Inc. with a $2.35 million verdict last month over charges that a defect in its popular P320 pistol caused a man to accidentally shoot himself, the company filed a slew of motions Monday saying the judgment should be tossed or, at the least, cut down in size.
Expert Analysis
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Tylenol MDL Highlights Expert Admissibility Headaches
A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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'Beauty From Within' Trend Poses Regulatory Risks For Cos.
Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.