Product Liability

  • December 17, 2024

    Insurer Settles Coverage Row Over Conn. Plane Crash

    An aviation insurer seeking to avoid coverage for a 2021 crash that killed all four passengers aboard a Cessna private jet settled its suit with the owners and operators of the jet, according to a notice in Connecticut state court.

  • December 16, 2024

    'Exploding' Crock-Pot Caused $56M In Damages, Jury Says

    A Colorado federal jury found Friday that an "exploding" Sunbeam pressure cooker caused $55.5 million in damages to a Denver woman, but also said the woman was 10% responsible.

  • December 16, 2024

    Boeing Says Records Loss Should Get 737 Max Suit Tossed

    The Boeing Co. is asking a Washington federal court to throw out a suit from a defunct African airline over fallout from a 737 Max airplane deal, saying that the plaintiff airline's loss of records was intentional and warrants sanctions.

  • December 16, 2024

    Conn. Utility Says PFAS Class Claims Belong With Regulators

    Most of the claims in a proposed class action against a Connecticut water company that allegedly failed to protect customers against "forever chemicals" cannot proceed because they needed to be heard first by state regulators, the utility argued in seeking to trim the complaint.

  • December 16, 2024

    Walmart Customer Resolves Faulty Basketball Hoop Suit

    A Louisiana man and retail giant Walmart have come to a resolution over the customer's product liability lawsuit concerning an allegedly defective basketball hoop that injured his hand, according to a notice of resolution in Louisiana federal court.

  • December 16, 2024

    Pot Co. Stiiizy Accused Of Pushing High-THC Wares On Teens

    California cannabis giant Stiiizy has been accused of marketing dangerous high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in two users who brought a product liability and fraud suit in Los Angeles state court.

  • December 16, 2024

    NJ Judge Approves Settlement In Artificial Turf MDL

    A New Jersey federal judge has granted final approval to a proposed nationwide settlement to end a multidistrict litigation brought by consumers who purchased retired artificial fields from FieldTurf USA Inc.

  • December 16, 2024

    Vape Cos. Say Ky. Regulations Violate Federal Law

    A vaping company association along with a retailer and wholesaler are challenging a Kentucky law regulating e-cigarettes, saying that it conflicts with the Food, Drug and Cosmetic Act by purporting to enforce U.S. Food and Drug Administration standards.

  • December 16, 2024

    Pipeline Co. To Pay $450,000 To Settle ND Pollution Claims

    A Texas-based pipeline operator will pay $450,000 to settle Clean Air Act violations on North Dakota's Fort Berthold Indian Reservation after the U.S. Environmental Protection Agency found multiple offenses during a routine inspection last year.

  • December 16, 2024

    The Biggest Massachusetts High Court Rulings Of 2024

    Massachusetts' highest court added two justices this year while taking up several novel legal issues, including one town's effort to phase out the sale of tobacco, a paralyzed Uber rider's fight against arbitration, and a dispute over whether a hospital website's use of tracking cookies violates the state wiretap statute.

  • December 13, 2024

    NHTSA Publishes Whistleblower Program Final Rule

    The National Highway Traffic Safety Administration finalized its whistleblower program, which could award as much as 30% of monetary sanctions to a worker of an auto manufacturer who calls out bad behavior.

  • December 13, 2024

    NJ Town Fights DuPont Bid To Pause $1B Pollution Suit

    A small New Jersey township's billion-dollar suit against Chemours and E.I. du Pont de Nemours should continue without delay, the municipality argued, saying the companies "in their effort to race to" an appeal failed to follow proper court protocol.

  • December 13, 2024

    EPA Mandates More Worker Safety For Carbon Tetrachloride

    The U.S. Environmental Protection Agency finalized a rule this week on carbon tetrachloride exposure, requiring "robust" employee safety planning on worksites but continuing to allow for its use as a feedstock for refrigerants.

  • December 13, 2024

    Sexual Abuse, Price-Gouging Bills Clear Michigan Senate

    Michigan state senators passed a flurry of bills during a marathon session ending early Friday morning, including legislation giving sexual assault victims more time to file lawsuits, strengthening protections against price-gouging and expanding polluter liability.

  • December 13, 2024

    Wis. Tribe Challenges Enbridge Pipeline Reroute Permits

    The Bad River Band of Lake Superior Chippewa on Thursday sued Wisconsin environmental officials over permits given to Enbridge Inc. to reroute part of its controversial Line 5 pipeline around the tribe's reservation and build a new segment in the area.

  • December 13, 2024

    Philly Atty Gets Harsher Discipline In NJ For Pill Mill Conviction

    The New Jersey Supreme Court has suspended an attorney for three years following his conviction for filling fraudulent opioid prescriptions in his side job as a part-time pharmacist, according to a recently filed order.

  • December 13, 2024

    McKinsey To Pay $650M For Work With Opioid Maker Purdue

    Consulting giant McKinsey & Co. will pay $650 million to resolve charges related to its work helping Purdue Pharma market and boost sales of OxyContin, federal prosecutors announced Friday.

  • December 12, 2024

    9th Circ. Ruling Could Tank Gerber Baby Food False Ad Suit

    A California federal judge weighing whether to toss a Bay Area mother's proposed class action accusing Gerber of deceptively claiming health benefits on its labeling for pureed baby and toddler food pouch products said Thursday that a recent Ninth Circuit decision in a similar case against Sprout Foods might doom the fraud claims against Gerber.

  • December 12, 2024

    Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases

    A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.

  • December 12, 2024

    JPML Won't Send Infant Formula Suit Back To State Court

    The Judicial Panel on Multidistrict Litigation has declined to remand a suit to California state court in an MDL over allegations that the Similac and Enfamil formulas for preterm babies have a higher propensity to cause necrotizing enterocolitis, rejecting the argument by plaintiffs that jurisdiction is lacking.

  • December 12, 2024

    J&J Shampoo Contamination Suit Sent Down The Drain

    A New Jersey federal judge has thrown out a proposed class action alleging Johnson & Johnson sold coal tar-based shampoo that contained the carcinogen benzene, saying the plaintiff's allegations fall far short of giving him standing.

  • December 12, 2024

    MOVEit Data Breach MDL Survives Dismissal Bid

    Progress Software and a group of more than 100 businesses, healthcare providers and government agencies can't end a putative class action over a data breach tied to Progress' MOVEIt file transfer tool, a Massachusetts federal judge said Thursday.

  • December 12, 2024

    AGs Launch Gun Violence Crackdown With Glock Suits

    New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.

  • December 12, 2024

    Doomed Cessna's Owner, Lessee Dropped From Conn. Suits

    The owner and lessee of a Cessna private jet that crashed into a Connecticut factory, killing all four people on board and injuring others on the ground, have escaped from two lawsuits that sought to hold them liable alongside the aircraft's manufacturer, Textron Aviation Inc.

  • December 12, 2024

    Energy Co. Gets Redo Of $150M Power Plant Explosion Trial

    A California appeals court has ordered a new trial and vacated a $150 million verdict against Diamond Generating Corp. in a suit by the family of a worker killed in a power plant explosion, saying the jury should have been instructed to determine whether DGC retained enough control over the plant's operations to be held liable.

Expert Analysis

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • How Labeling And Testing May Help Reduce PFAS Litigation

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    As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Complying With FTC's Final Rule On Sham Online Reviews

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    The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • Opinion

    Big Oil Climate Ruling Sets Dangerous Liability Precedent

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    The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

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