Product Liability

  • July 19, 2024

    How Did The Global Tech Outage Impact Transportation?

    The overnight global tech outage that prompted a cascade of flight delays and cancellations and disruptions to certain transit, shipping and port operations, left transportation providers and other critical infrastructure reeling and wondering how to avoid further crippling computer failures.

  • July 19, 2024

    Splenda Must Face False Ad Suit Over Diabetes Benefits

    The maker of Splenda cannot escape a proposed class action alleging that it has falsely advertised its products as healthy and "suitable for people with diabetes" after a California federal judge found that federal law does not preempt any of claims the consumers made under state laws.

  • July 19, 2024

    Conn. Hospital Didn't Heed Insulin Pen Warnings, Maker Says

    A Connecticut hospital "ignored" clear warnings from the manufacturer of insulin pens and federal regulators to avoid using the devices on multiple patients, leading to a $1 million class settlement, Novo Nordisk Inc. told a federal judge in urging the dismissal of a lawsuit against the pharma giant.

  • July 19, 2024

    Boehringer Long Ignored Zantac's Cancer Signs, Jury Hears

    Boehringer Ingelheim had the warning signs for years suggesting Zantac's active ingredient degraded into a carcinogen but "purposefully ignored" them to market the drug as a safe and effective heartburn treatment, a prostate cancer patient told a Cook County, Illinois, jury Friday.

  • July 19, 2024

    Amazon Gets Tainted Eye Drop Suit Pared Down

    A Pennsylvania federal judge has trimmed claims from a woman's lawsuit against Amazon and multiple drug companies alleging she had to have her left eye surgically removed after using EzriCare eye drops linked to an outbreak of an infectious bacteria.

  • July 19, 2024

    Hanover Tries To Delay $13.4M Award Over Home-Care Death

    Massachusetts-based Hanover Insurance Group says it should not be forced to pay a $13.4 million judgment awarded by a jury in March to the family of a man who died in a Connecticut group home until the home operator's appeal is decided, in a motion filed in New Haven Superior Court.

  • July 19, 2024

    NJ Towns Not Liable For Water Contaminants, Panel Rules

    A panel of New Jersey state appeals court judges ruled Friday that municipalities charging for water service aren't in an implied contractual relationship with residents and thus can't be found in breach of contract for elevated contaminant levels in the water.

  • July 19, 2024

    RJ Reynolds Unit Gets FDA Approval For 7 Vuse Vapes

    A subsidiary of the tobacco giant R.J. Reynolds has secured permission from the U.S. Food and Drug Administration to sell seven Vuse-branded vapes, with the agency saying the tobacco-flavored products could "benefit" smokers looking to quit cigarettes.

  • July 19, 2024

    DuPont Loses 2nd Bid To Dodge EPA Air Pollution Lawsuit

    A Louisiana federal judge has rejected a DuPont unit's second effort to escape a lawsuit brought by the U.S. Environmental Protection Agency over property the company leased to a neoprene-maker that's allegedly emitting unsafe amounts of a likely carcinogenic chemical.

  • July 19, 2024

    Ex-Bronco Linebacker Sues NFL Over Denied THC Exemption

    A former linebacker for the Denver Broncos is suing the team and the National Football League, alleging they're violating the Colorado Anti-Discrimination Act by denying him an exemption to use synthetic THC to treat his disabilities.

  • July 19, 2024

    Ex-Pharma Sales Exec Denies Fake Prescription Scheme

    The former vice president of sales for pharmaceutical company U.S. Compounding Inc. pled not guilty in Manhattan federal court Friday to forging fake horse drug prescriptions in order to juice revenues.

  • July 18, 2024

    Conn. Lawyer Group Wants In On Baby Injury Case

    A group of Connecticut defense lawyers Wednesday told the state supreme court that they should be allowed to address issues in a suit involving a car seat that allegedly injured a child since its decision will affect whether state law holds that companies can be held liable for the absence of a child's relationship with their parents.

  • July 18, 2024

    5th Circ. Upholds Tossing Of Ship Captain's Toxic Injury Suit

    A former offshore supply vessel captain, who claims chemicals aboard caused his cancer and kidney failure, must sue his U.S. employer in England, the Fifth Circuit has ruled, saying the employment contract's forum selection clause is enforceable even after considering Louisiana's law which largely prohibits such clauses.

  • July 18, 2024

    Miner Seeks Atty Fees After 4th Circ. DOL Judges Ruling

    A former miner urged the Fourth Circuit to approve approximately $21,000 in attorney fees in his case seeking benefits for his black lung disease, saying he has been unable to reach a settlement with an engineering company that challenged the appointment of two U.S. Department of Labor administrative law judges.

  • July 18, 2024

    FDA Sends More Warnings Over THC 'Copycat' Snacks

    The U.S. Food and Drug Administration warned six companies to stop selling delta-8 edibles that resemble brand-name snacks such as Skittles, Chips Ahoy, Cheetos and Oreos, saying the lookalikes can fool "children or unsuspecting adults" and pose a real health hazard.

  • July 18, 2024

    GSK, Boehringer Face Jurors Again On Zantac Cancer Claims

    GlaxoSmithKline and Boehringer Ingelheim returned to Illinois state court Thursday, where they face separate juries to defend against Zantac users' claims that the drug caused them to develop cancer.

  • July 18, 2024

    Avatar-Maker Draws Facial-Scan BIPA Suit

    Avatar company Ready Player Me Inc. has been hit with proposed class claims that it creates Illinois users' digital characters by scanning, storing and using their facial data without first obtaining informed consent.

  • July 18, 2024

    Docs Get Same Hefty Opioid Sentences Despite Top Court Win

    Two Alabama doctors accused of unlawfully prescribing patients fentanyl and other opioids failed to shave time off their lengthy prison sentences despite a landmark U.S. Supreme Court decision that raised the bar for such prosecutions.

  • July 18, 2024

    Pool Co. Wants To Dig Into Rival's Alter Egos For $16M Verdict

    Pool supply company Hayward Industries Inc. is looking to force responses from the alter egos of bankrupt rival Blueworks Corp. regarding their assets, bank accounts and property so that Hayward can collect on its $16 million false advertising and unfair business practices judgment.

  • July 18, 2024

    Ga. Mineral Co. Can't Nab Win In Row Over Talc Suit Coverage

    A Georgia federal judge declined to grant a win to a mineral products company trying to compel a Travelers unit to defend it against an underlying suit claiming that it supplied asbestos-containing talc products.

  • July 17, 2024

    Fla. Co. Says NY Lender Charges Usurious 950% Interest Rate

    A Florida-based startup has sued a New York small business lender, alleging the lender saddled it with "a high interest usurious loan" when it thought it was entering into a future receivables agreement.

  • July 17, 2024

    'Inflammatory' Atty Statement Axes $11M Stanley Injury Verdict

    A Missouri appellate court has tossed an $11 million jury verdict in a suit alleging a Stanley Black & Decker unit caused a man to lose an eye due to a defective staple gun, saying plaintiff's counsel made improper "inflammatory" references to Stanley as a "billion-dollar company."

  • July 17, 2024

    Wahlburgers-Tied Pickle Co. Settles Rival's Labeling Spat

    A pickle company told a New Jersey federal court that its suit accusing a rival of ripping off recipes to make mislabeled pickles for actor Mark Wahlberg's restaurant business has been settled. 

  • July 17, 2024

    Whirlpool Wants To Wash Away Service Plan Repair Claims

    Whirlpool asked a Washington federal judge to send a proposed consumer class action down the drain, saying the aggrieved customer can't claim she was deceived about the details of an extended repair plan for a dishwasher when the full terms have always been easy to find online.

  • July 17, 2024

    Producer Petitions 2nd Circ. To Revive Blacklisting Suit

    A Broadway producer accusing an actor and stage workers union of unlawfully blacklisting him following a labor dispute over a musical has asked the Second Circuit for another chance to revive the claims.

Expert Analysis

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • California Shows A Viable Way Forward For PFAS Testing

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    The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • Take AG James' Suit Over Enviro Claims As A Warning

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    New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

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