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Product Liability
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August 15, 2024
Interior Department Grants $775M To Plug Oil And Gas Wells
The U.S. Department of the Interior said it's making up to $775 million available for 21 eligible states to plug orphaned oil and gas wells to curb harmful methane leaks and reduce risks to the environment and public health.
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August 15, 2024
Court Tosses Challenge To Wyoming's New Hemp Law
A Wyoming federal judge tossed a lawsuit Thursday brought by nearly a dozen hemp product retailers challenging the state's new hemp policy, saying most of the state defendants were entitled to immunity and that the retailers had not stated a claim for which relief could be granted.
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August 15, 2024
Kerrygold, Customers Agree To End 'Pure' False Ad Suit
A consumer who sued Irish butter brand Kerrygold has agreed to end her proposed class action over claims that it falsely advertised its product as "pure" even though it might contain "forever chemicals" by way of its packaging.
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August 15, 2024
Samsung Knew About Range Knobs Fire Risk, Suit Says
Samsung Electronics was hit with a proposed consumer class action Wednesday in New York federal court in the wake of the company's announced recall program over a potential fire risk related to more than a million electric ranges with front-mounted knobs that can be turned on accidentally.
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August 15, 2024
Ford Wants Judge Booted Off Paraplegic's Suit After Podcast
Ford Motor Co. pushed the North Carolina Court of Appeals to remove state Superior Court Judge Hoyt Tessener from a product liability suit, arguing the jurist made disparaging remarks about the company after prosecuting a similar suit against the carmaker years ago as a private attorney.
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August 15, 2024
Prof Rips DOJ, VW's 9th Circ. Bid To Shield Jones Day Docs
A Loyola Marymount University professor has urged the Ninth Circuit to shut down the U.S. Department of Justice and Volkswagen AG's relentless "obfuscation" in a long-running dispute over access to confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal.
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August 15, 2024
Rising Star: Covington's Greg Halperin
Greg Halperin of Covington & Burling LLP helped McKesson Corp. win a key bellwether trial against distributors in sprawling opioid multidistrict litigation, and helped defend Boehringer Ingelheim from thousands of suits over the drug Pradaxa, earning him a spot among the product liability law practitioners under age 40 honored by Law360 as Rising Stars.
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August 15, 2024
Delta Facing Second Customer Suit Over IT Outage Response
A Florida resident hit Delta Air Lines with a second proposed class action claiming the company failed to properly refund and reimburse passengers when their flights were canceled or significantly delayed in the wake of the global CrowdStrike computer outage.
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August 14, 2024
Costco Wants PFAS Kirkland Brand Baby Wipes Suit Tossed
Costco hit back at a proposed class action over its fragrance-free "natural" baby wipes filed earlier this summer in California federal court, saying that the suit is trying to scare parents by alleging the wipes are tainted with so-called forever chemicals.
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August 14, 2024
Temu Parent Faces Investor Suit Over Security, Labor Claims
Chinese retail company PDD Holdings Inc., the owner of online merchandiser Temu, was hit with a proposed securities class action in New York federal court alleging it concealed from investors that it actively sought to put malware on its users' phones and sold goods that were likely made by forced labor.
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August 14, 2024
DOJ Defends Boeing Plea Deal Over Families' Objections
The U.S. Department of Justice said Wednesday that Boeing's plea agreement is the best possible criminal resolution that holds the company accountable for defrauding regulators about the 737 Max 8's development, rejecting claims from crash victims' families that the "morally reprehensible" deal lets Boeing skirt culpability.
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August 14, 2024
Amazon Hit With $1.2M Suit Over Immersion Heater
Amazon is facing a lawsuit from a Colorado church's insurer alleging that the church suffered more than $1.2 million in damages after a fire caused by a 1500-watt immersion heater it bought off the e-commerce giant's platform that was being used to heat a baptismal font.
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August 14, 2024
Harley-Davidson Liable For $287M In 'Trike' Crash Verdict
A New York state jury on Tuesday awarded $287 million in damages to a man and his late girlfriend's estate in a suit alleging a defective Harley-Davidson "trike" motorcycle caused a deadly crash in Pennsylvania, with punitive damages making up the bulk of the award.
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August 14, 2024
Florida AG Can't Nix Hospitals', School Boards' Opioid Claims
A Florida state appeals court on Wednesday reversed a trial court's order allowing the state's attorney general to wipe out a group of suits by hospitals and school boards in opioid litigation, holding that she doesn't have the authority to release their claims without their consent.
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August 14, 2024
FTC Finalizes Rule To Crack Down On Fake Online Reviews
The Federal Trade Commission on Wednesday announced it has finalized a rule to thwart marketers from using false reviews and testimonials, cementing the agency's authority to seek civil penalties from knowing violators for a host of misconduct including the use of AI-generated fake reviews.
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August 14, 2024
Kroger Hit With Prop 65 Suit Over Metals In Snacks, Cinnamon
Kroger and Ralphs sell roasted seaweed snacks and ground cinnamon containing cadmium and lead, which are known to cause cancer and reproductive toxicity, without warning consumers in violation of Proposition 65, according to a complaint filed in California state court by a consumer protection group.
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August 14, 2024
Michigan's Airport PFAS Pollution Suit Escapes Foam MDL
A Michigan federal judge has agreed to disentangle state regulators' PFAS pollution claims against an airport from claims against manufacturers of the chemicals, a move that prevents the state's case from being absorbed into multidistrict litigation over firefighting foam.
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August 14, 2024
CPSC Foes Widen Assault On New Deal-Era Precedent
A maker of child care products is asking the U.S. Supreme Court to decide the constitutionality of protections barring the president from firing U.S. Consumer Product Safety Commission members without good cause, telling the justices that the powerful agency doesn't fit the narrow exceptions to the White House's otherwise unrestricted removal authority.
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August 14, 2024
Suit Claims Giant Uses Banned, Toxic Oil In Orange Soda
A proposed class of soda drinkers is suing The Giant Co. LLC in Pennsylvania federal court, alleging that it makes and sells orange soda made with a kind of vegetable oil that federal regulators banned for its negative effects on the thyroid gland.
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August 14, 2024
Zantac Judge Won't Step Aside Over Wife's Reed Smith Role
A Pennsylvania state judge overseeing the Zantac mass tort litigation against GlaxoSmithKline denied a motion to recuse himself Wednesday after expressing skepticism about the plaintiffs' contention that he could be unconsciously partial because his wife works for a firm defending the drugmaker in other jurisdictions.
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August 14, 2024
Rising Star: King & Spalding's TaCara Harris
King & Spalding LLP's TaCara Harris' work investigating allegations of sexual assault by coaches in the National Women's Soccer League, as well as her work on the litigation over claims that Zantac causes cancer, is why she won a spot on the 2024 list of product liability Law360 Rising Stars.
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August 14, 2024
Santa Monica Sues 3M, DuPont Over PFAS Contamination
The city of Santa Monica, California, has hit 3M, DuPont de Nemours Inc., RTX Corp., formerly known as Raytheon, and more than a dozen other companies with a suit over PFAS contamination stemming from the use of aqueous film-forming firefighting foams.
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August 13, 2024
Jury Awards $51M To Family In Carbon Monoxide Leak
A Texas jury awarded a woman and her two children $51 million after they suffered from carbon monoxide poisoning in their apartment in 2015, finding in a Tuesday verdict that their apartment complex was responsible for the leak that allegedly left the children with serious brain injuries.
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August 13, 2024
8th Circ. Finds ATF's Braced Pistol Rule Arbitrary, Capricious
An Eighth Circuit panel has reversed an order denying a preliminary injunction to block enforcement of a Bureau of Alcohol, Tobacco, Firearms, and Explosives rule regulating pistols with stabilizing braces as short-barreled rifles, finding that aspects of the rule were arbitrary and capricious.
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August 13, 2024
Full 7th Circ. Asked To Review Tossing Of Protein Pouch Fight
A Florida-based protein powder maker is asking the Seventh Circuit to reconsider its upholding of a Wisconsin federal court's decision to toss its claims over allegedly defective plastic zipper pouches on the grounds that they were filed too late.
Expert Analysis
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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How Cos. Should Handle Research Org.'s Carcinogen Evals
In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.