Product Liability

  • November 15, 2024

    GAO Says EPA Must Act On Waste Sites' Climate Risks

    Nearly 70% of the nation's hazardous waste treatment, storage and disposal facilities are vulnerable to climate change impacts such as flooding, wildfires, storm surge and sea level rise, and the U.S. Environmental Protection Agency needs to be more proactive, a new federal report says.

  • November 15, 2024

    Sikorsky Stalling On Discovery In Fatal Crash Suit, Victims Say

    Sikorsky Aircraft Corp. is wrongfully withholding discovery until a Pennsylvania federal court hears a promised request to transfer a fatal Canadian military helicopter crash lawsuit to Connecticut, according to a Friday letter by attorneys for the estates of the six crash victims.

  • November 15, 2024

    GM's Cruise Accepts $500K Criminal Fine Over Robotaxi Crash

    Cruise LLC, the autonomous vehicles subsidiary of General Motors Co., has agreed to pay $500,000 in criminal fines to end claims that it made false statements to federal highway investigators by omitting that one of its vehicles dragged a pedestrian over 20 feet, according to an announcement by federal prosecutors.

  • November 15, 2024

    Veterans Seek Class Certification In Burn Pit Injuries Suit

    A pair of veterans alleging the military misclassified their burn pit injuries as not combat-related have told a D.C. federal judge that they satisfied the criteria for size and common relief sought to proceed as a certified class.

  • November 15, 2024

    DEA Judge Nixes Vet Group's Bid To Take Part In Pot Hearings

    An administrative law judge with the U.S. Drug Enforcement Administration on Friday denied a veterans group's bid to participate in upcoming hearings on a proposal to loosen federal restrictions on marijuana.

  • November 15, 2024

    Wis. Agency Issues Permits To Reroute Enbridge Pipeline

    The Wisconsin Department of Natural Resources approved permits needed for Enbridge Energy to move forward with a proposal to reroute a 12-mile portion of its controversial Line 5 pipeline around a Native American reservation and build a new 41-mile segment outside the area.

  • November 15, 2024

    Bid To Exit Sub Death Suit Premature, Explorer's Family Says

    The family of the French explorer who died in the Titan submarine implosion has hit back at the OceanGate CEO family's bid to exit the wrongful death suit, saying that the family is oversimplifying the case and that there are too many moving parts to warrant dismissal this early in the case.

  • November 15, 2024

    Ga. Attys Named Co-Class Counsel In BioLab Fire Suit

    The judge overseeing a proposed class action filed against chemical manufacturer BioLab Inc. in the aftermath of an industrial fire at its Conyers, Georgia, plant gave four firms the green light to take the helm of the plaintiffs' case, clearing the way for the filing of a consolidated amended complaint.

  • November 15, 2024

    Monsanto Cleared In Philly's 7th Roundup Trial

    A Philadelphia jury on Friday cleared Bayer AG unit Monsanto of liability in a woman's lawsuit alleging she developed cancer by using the weedkiller Roundup, delivering the agrochemical giant its third victory in the city's mass tort.

  • November 15, 2024

    Attys Get 'Final Warning' In Tepezza Hearing Loss MDL

    A magistrate judge has chastised attorneys on both sides of multidistrict litigation involving claims that a thyroid eye disease treatment manufactured by Horizon Pharmaceuticals Inc. causes hearing loss, calling for an end to their "improper" conduct during depositions.

  • November 15, 2024

    Orrick Trial Partner Joins Morgan Lewis In Boston

    Morgan Lewis & Bockius LLP announced that an experienced litigator from Orrick Herrington & Sutcliffe LLP joined the firm's Boston office as a partner, enhancing its capacity in areas such as life sciences and regulatory compliance.

  • November 14, 2024

    Trump's RFK Jr. Pick For HHS Draws Its Share Of Critics

    The nomination of Robert F. Kennedy Jr. — well-known for his opposition to vaccines — as the secretary of the U.S. Department of Health and Human Services is President-elect Donald Trump's latest controversial pick for his administration, and one that could disrupt the U.S. Food and Drug Administration and its mission.

  • November 14, 2024

    3M Earplug Attys Near OK Of Up To $540M MDL Payout

    A Florida federal judge agreed Wednesday to hold back 9% — or up to $540 million — from 3M's landmark $6.01 billion deal for fees and costs in multidistrict litigation over allegedly faulty combat earplugs, agreeing with a finding that the request is fair given the "tremendous" work of 68 plaintiffs' firms.

  • November 14, 2024

    Kraft Mac & Cheese Artificial Ingredients Claims Survive

    An Illinois federal judge said Wednesday that Kraft Heinz Co. can't escape a proposed class action alleging that its Kraft macaroni and cheese products, which are labeled as containing no artificial preservatives, actually do contain those artificial ingredients.

  • November 14, 2024

    Family Sues Suncor, Honeywell Over Worker's Death

    The family of a refinery worker allegedly killed by exposure to toxic chemicals at a Suncor Energy oil refinery near Denver filed a lawsuit Wednesday in Colorado state court against Suncor, Honeywell and the contractor that employed him, claiming liability for the man's death.

  • November 14, 2024

    Maryland Seeks To Undo Litigation Pause In Purdue Appeal

    The state of Maryland argued in New York federal court Thursday that it should be allowed to pursue claims against the Sackler family members who own bankrupt OxyContin maker Purdue Pharma LP, and that a temporary injunction currently blocking a flood of litigation should be thrown out.

  • November 14, 2024

    Takeda Rips Cert. Order's 'Whale Of Assumption' At 9th Circ.

    Takeda Pharmaceutical urged the Ninth Circuit on Thursday to reverse a ruling certifying a class of third-party payors who allege Takeda and Eli Lilly & Co. hid their anti-diabetes drug's bladder-cancer risks, arguing the lower court erroneously made a "whale of an assumption" that 56.7% of prescriptions wouldn't have been written with disclosures.

  • November 14, 2024

    Wash. Justices Grill Lowe's Attorney In Fallen Fencing Case

    Washington State Supreme Court justices pushed back Thursday against a stance taken by Lowe's that a shopper injured by a fallen roll of wire fencing had presented inadequate evidence showing the accident could've been anticipated, with one justice remarking that the big box store seemed to "gloss over" key details in the case.

  • November 14, 2024

    EPA Expands List of Solvent Risks, Targets Tire Chem Rules

    The U.S. Environmental Protection Agency on Thursday said a chemical commonly used in solvents presents health risks to humans in more ways than had previously been stated, and said it's researching whether to regulate a chemical used in tire production that has been shown to kill salmon.

  • November 14, 2024

    Dick's Settles New Jersey AG's Suit Over Ammunition Sales

    New Jersey and Dick's Sporting Goods Inc. have reached a deal to resolve allegations that the retail chain violated the Garden State's consumer protection laws by selling and shipping large capacity ammunition magazines into the state, New Jersey Attorney General Matthew J. Platkin announced Thursday.

  • November 14, 2024

    NHTSA Fines Ford $165M, Second-Largest Civil Penalty

    The National Highway Traffic Safety Administration on Thursday said it has issued Ford Motor Co. a fine of up to $165 million — the second-largest civil penalty in the agency's history — over the carmaker's failure to recall vehicles promptly.

  • November 14, 2024

    9th Circ. Won't Upend Certification In Nissan Sunroof Suit

    The Ninth Circuit on Thursday refused to undo class certification in a suit alleging Nissan North America Inc. sold vehicles with defective sunroofs prone to shattering, saying the trial court correctly found that there were common questions of law and fact among vehicle owners in the case.

  • November 14, 2024

    Trump Picks RFK Jr. To Lead Health & Human Services

    President-elect Donald Trump announced Thursday that Robert F. Kennedy Jr., a prominent anti-vaccination activist and former presidential candidate, is his nominee to lead the U.S. Department of Health and Human Services.

  • November 14, 2024

    Attys Want To Drop Baby's Dad As Client In Conn. Death Suit

    The father of the victim at the center of a product liability lawsuit against Target Corp. and a baby lounger manufacturer has stopped communicating with counsel and apparently wants nothing more to do with the case, his attorneys told a Connecticut federal judge in seeking to drop him as a client.

  • November 13, 2024

    Wash. Attys Expect Gov. And AG Will Keep Them Busy

    Despite President-elect Donald Trump's anticipated de-emphasis of regulatory enforcement, Washington state antitrust and consumer protection attorneys are still expecting plenty of work in the coming years, as the new Democratic governor-attorney general duo are expected to step up local enforcement.

Expert Analysis

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

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