Product Liability

  • 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.

  • January 08, 2025

    Fiat Chrysler Hit With Jeep Hood Fire Defect Class Action

    Automaker FCA US LLC, part of Stellantis NV, on Tuesday was hit with a proposed class action in Michigan federal court over allegations that certain Jeep vehicles made between 2021 and 2023 were prone to catching on fire, causing serious, even "catastrophic" damages.

  • January 08, 2025

    ATF Says Loophole Rule Passes 2nd Amendment Smell Test

    The Bureau of Alcohol, Tobacco, Firearms and Explosives has doubled down in its bid to uphold a new rule in a case over the so-called gun-show loophole rule, saying in a Texas federal court that a group of red states hadn't shown how the rule lacks founding-era precedent.

  • January 08, 2025

    Ford Can't Escape Texas Cop's Carbon Monoxide Injury Suit

    Ford Motor Co. can't get out of a suit by a Universal City, Texas, police officer who alleges he suffered carbon monoxide poisoning while idling in a Ford vehicle, because a Texas federal judge says the officer's expert and evidence support his claims that a vehicle defect is responsible for his injuries.

  • January 08, 2025

    Audi Electric SUVs Are 'Ticking Time Bombs,' Suit Claims

    Audi of America LLC and Volkswagen Group of America Inc. were hit with a proposed class action in Georgia federal court alleging certain Audi electric SUVs are "ticking time bombs" that can lose power, short-circuit and catch fire.

Expert Analysis

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • The AI Consumer Class Action Threat Is Not A Hallucination

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    As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • EPA's New Lead Pipe Rule Leaves Key Questions Unanswered

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    The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Trump Rollback Of Biden Enviro Policies: What To Expect

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    Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.

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