Product Liability

  • May 28, 2024

    Green Group Says EPA Issued Fraudulent PFAS Report

    The U.S. Environmental Protection Agency lied to the public about the prevalence of what have come to be called "forever chemicals" in certain pesticide products available on the market, according to an advocacy group that has accused the agency of "egregious misconduct."

  • May 28, 2024

    Dominican Air Co. Says CEO Deposition Not Needed In Suits

    Dominican air charter company Helidosa Aviation Group SA is urging a Florida federal court not to allow jurisdictional discovery in two suits over the deaths of music producer Flow la Movie, his partner and their 4-year-old son in a 2021 plane crash, saying the court already has all the facts it needs to decide on Helidosa's motion to dismiss.

  • May 28, 2024

    Chiquita Ops Chief Says Militant Leader Extorted Company

    Chiquita's former head of Colombia operations took the stand Tuesday for the second time in a trial over the banana company's funding of right-wing paramilitaries, recounting to jurors how he was summoned to the house of a notorious paramilitary boss to convey what he said were threats on the company's business.

  • May 28, 2024

    Microsoft, OpenAI Beat Overstuffed Privacy Suit, For Now

    A California federal judge threw out, for now, consumers' suit alleging their privacy was violated by Microsoft Corp. and OpenAI LP's products, slamming the complaint as "excessive" and packed with "unnecessary and distracting allegations" to the point it's "nearly impossible" to determine the adequacy of the claims.

  • May 28, 2024

    States, Greens Want Judgment Over USPS' New Vehicle Plan

    Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."

  • May 28, 2024

    5th Circ. Flips Cancer-Drug Maker's Defeat In Hair Loss MDL

    The Fifth Circuit has vacated a summary judgment ruling in favor of four women who say two drugmakers failed to warn consumers that their chemotherapy drug could cause hair loss, saying it was impossible for the companies to simultaneously comply with federal and state failure-to-warn laws.

  • May 28, 2024

    Groups Fight Calif. AG's Subpoenas In Plastic Waste Probe

    Two chemical and plastic industry groups have accused California Attorney General Rob Bonta of violating their First Amendment rights by demanding they hand over privileged documents as part of an investigation into global plastics pollution, in a pair of complaints filed in D.C. federal court.

  • May 28, 2024

    Tribe Says Enbridge's Trespass Concern Wasted Court's Time

    A Wisconsin tribe has told the Seventh Circuit that Enbridge Energy wasted the court's time raising concerns that an old tribal trespass ordinance could cost the company millions in fines, saying it has nothing to do with the tribe's attempts to stop the Line 5 pipeline.

  • May 28, 2024

    Ex-NRA CFO Settles NY AG Suit Before Phase-Two Trial

    The National Rifle Association's former chief financial officer has reached a settlement with the New York attorney general's office ahead of the second phase of a trial over claims the group and its executives misused donor money, among other alleged misconduct.

  • May 28, 2024

    Seeger Weiss Secures Latest Fee Bid In NFL Concussion Case

    A Pennsylvania federal judge on Tuesday granted Seeger Weiss LLP's latest fee request for close to $1.9 million in attorney fees and costs for its ongoing work implementing an agreement settling former National Football League players' concussion-linked disability claims.

  • May 28, 2024

    Davis Wright Recruits Kelley Drye FDA Practice Chair In DC

    Davis Wright Tremaine LLP said Tuesday that the head of Kelley Drye & Warren LLP's Food and Drug Administration practice group has joined the firm as an advertising and food and drug law partner in Washington, D.C.

  • May 28, 2024

    Beasley Allen, J&J Trade Barbs Over DQ Bid In Talc Litigation

    Johnson & Johnson and the Beasley Allen Law Firm have accused each other by turns of "gamesmanship" and "unscrupulous conduct" in New Jersey courts in a fight over whether the firm should be disqualified from talcum powder litigation for allegedly collaborating in secret with a former J&J outside counsel.

  • May 24, 2024

    Uvalde Families Say Call Of Duty, Meta Groomed Shooter

    Families of schoolchildren shot at Robb Elementary School in Uvalde, Texas, in 2022 alleged in a pair of lawsuits Friday that Meta Platforms' Instagram, the maker of first-person shooter video game Call of Duty, and a manufacturer of assault rifles helped inspire, train and equip the teenage gunman.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    Feds' Probe Into Waymo Self-Driving Car Finds More Incidents

    The U.S. auto safety regulator has said it found nine additional incidents of Waymo LLC autonomous vehicles exhibiting "unexpected driving behaviors" and has asked the company for more information as part of a new investigation.

  • May 24, 2024

    EPA Denies Ala. Coal Ash Management Program Application

    The U.S. Environmental Protection Agency has issued a final decision denying Alabama's application to run a federally approved permit program to manage coal ash landfills and impoundments, saying the state's permit program doesn't meet federal standards for protecting people and waterways.

  • May 24, 2024

    Alabama Judge Says Attys Subverted Plumbing Defect Deal

    In an effort to safeguard the due process rights of hundreds of homeowners, an Alabama federal judge has tossed out more than 300 settlement class "opt-outs" and partially reopened the objection period in a product liability suit, determining that outside attorneys repeatedly misled clients regarding the pending settlement, leading to the numerous exclusion requests.

  • May 24, 2024

    Stew Leonard's Sued Over Dancer's Peanut Allergy Death

    The family of a U.K.-born dancer is suing the Stew Leonard's grocery store chain, alleging its failure to update labels of cookies that contained peanuts led to her death at age 25 from an allergic reaction.

  • May 23, 2024

    TikTok, YouTube Must Produce European Privacy Data In MDL

    A California federal magistrate judge overseeing discovery in multidistrict litigation over whether social media platforms' design is addictive ordered TikTok and YouTube on Thursday to give American personal injury plaintiffs certain technical documents regarding the companies' safety features implemented in Europe and Australia, which have tougher consumer privacy laws.

  • May 23, 2024

    Bell, Boeing Face Suit Over Marines Killed In Osprey Crash

    The families of four of the five marines killed in the June 2022 crash of an Osprey V-22 aircraft sued Bell Textron Inc., The Boeing Co. and Rolls-Royce Corp. Thursday in California federal court, alleging defects in the aircraft led to the fatal crash.

  • May 23, 2024

    Kratom Cos. Failed To Warn Man About Risks, Colo. Suit Says

    The parents of a deceased Colorado man allege that four companies that sell kratom are liable for their son's death because of their failure to warn consumers about the risks associated with using the loosely regulated plant-derived substance with opioid-like effects.

  • May 23, 2024

    Feds Agree To Clean, Close Dump Site For Tribal Nations

    The U.S. Environmental Protection Agency has reached an agreement with the Bureau of Indian Affairs to properly clean and shut down a 70-year-old solid waste dump site on tribal lands in northern Arizona, saying federal law requirements for its closure haven't been followed since 1997.

  • May 23, 2024

    Enbridge Says Tribe's Trespass Law Could Cost It Millions

    Enbridge Energy told the Seventh Circuit that a Wisconsin tribe's recently publicized trespass ordinance could cause the company to pay millions of dollars in civil penalties if the appeals court rules that its 645-mile crude oil pipeline is trespassing on the tribe's land.

  • May 23, 2024

    Lockheed Urges 11th Circ. To Affirm Win In Solvent Suit

    Lockheed Martin Corp. asked the Eleventh Circuit on Wednesday to uphold a Florida district court's rejection of a proposed expert's testimony purporting to link a now-deceased former employee's multiple sclerosis to her work-related exposure to industrial solvents.

Expert Analysis

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

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