Product Liability

  • January 07, 2025

    Mattel Agrees To $16.9M Deal Ending Suit Over Unsafe Sleeper

    Mattel Inc. has agreed to settle for $16.9 million a nearly five-year-old Delaware Court of Chancery stockholder derivative suit seeking damages for the company for director and top officer oversight failures purportedly linked to an unsafe "Rock 'n' Play Sleeper" tied to hundreds of infant deaths and injuries.

  • January 07, 2025

    Judge Looks To Finally Resolve Mass. 'Right To Repair' Suit

    A long-stalled fight over Massachusetts' expanded "right to repair" law requiring open access to vehicle telematics software appears to be on a fast track after a new judge took over the case and said Tuesday she plans to rule in the near future.

  • January 06, 2025

    Trump Selects Long Island Judge For EDNY's Top Prosecutor

    President-elect Donald Trump, who was born in Queens, has picked a Long Island state court judge to serve as the next U.S. attorney for the Eastern District of New York, according to an announcement made Monday on Truth Social.

  • January 06, 2025

    High Court Asked To Take Whistleblower Medical Device Row

    A former Minerva Surgical Inc. sales representative who says he was mistreated after raising concerns about the safety of certain medical devices wants the U.S. Supreme Court to take up his challenge to an arbitration award given to his former employer in whistleblower proceedings.

  • January 06, 2025

    EPA Adds 9 PFAS To Its Toxics Release Inventory List

    The U.S. Environmental Protection Agency added nine so-called forever chemicals to the list of chemicals covered by its Toxics Release Inventory, or TRI, thereby requiring facilities that manufacture such chemicals above set quantities to report the amount they release into the environment.

  • January 06, 2025

    Farm Owners, Rail Co. Spar Over Toxic Spill Trial Evidence

    Mississippi landowners fired back at a Canadian National Railway unit's attempt to block a train derailment report containing its admissions of fault from an upcoming trial in Mississippi federal court, saying the company's claims that the report is incomplete "ring hollow."

  • January 06, 2025

    Boeing, DOJ Given More Time To Rework 737 Max Plea Deal

    The U.S. Department of Justice and The Boeing Co. have until mid-February to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, a Texas federal judge ruled Saturday, ensuring that the incoming Trump administration will oversee final negotiations on any potential new deal.

  • January 06, 2025

    T-Mobile's Lax Policies Led To 2021 Data Hack, Wash. AG Says

    Washington's attorney general on Monday accused T-Mobile of repeatedly ignoring cyber-threat warnings leading up to a 2021 data breach that exposed sensitive personal data belonging to more than 2 million customers in the state.

  • January 06, 2025

    FDA Issues Guidance On Lead Levels In Some Baby Foods

    The U.S. Food and Drug Administration on Monday issued nonbinding guidance for the baby food industry on action levels for lead in processed food for babies and young children.

  • January 06, 2025

    Toolmaker's Batteries Are Fire-Prone, Class Claims

    The company behind SKIL power tools has been hit with a proposed consumer fraud class action targeting a recently recalled lithium-ion battery an Illinois customer says can catch fire, hurting people and damaging their property.

  • January 06, 2025

    4 Firms Ask To Helm Hybrid Jeep Exploding Battery Class

    Drivers claiming certain hybrid Jeep vehicles were sold with defective batteries that risk exploding or catching fire have asked a Michigan federal judge to appoint four law firms to steer the case as co-interim class counsel.

  • January 06, 2025

    Riddell Eyes Transfer Of Suit Over Allegedly Defective Helmet

    Riddell Inc. is urging a Texas federal judge to transfer to a different part of the state a lawsuit alleging a defect in its helmets led to a life-altering injury for a high school student, arguing the Tyler Division is a "clearly more convenient" location.

  • January 06, 2025

    Girard Sharp Launches Into New Year With New Leadership

    San Francisco-based Girard Sharp has kicked off the new year with a major leadership change, announcing Monday that Daniel C. Girard had stepped down as managing partner of the prominent plaintiffs complex litigation boutique he founded in 1995 and that longtime partner Dena C. Sharp was taking the reins.

  • January 03, 2025

    3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch

    New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.

  • January 03, 2025

    Boeing, DOJ Say No Agreement Yet For Revised 737 Max Plea

    The Boeing Co. and the U.S. Department of Justice told a Texas federal judge Friday they have not yet reached an agreement on how to revise the aircraft manufacturer's plea agreement in the 737 Max criminal conspiracy case, after the judge last month rejected the initial deal.

  • January 03, 2025

    Alaska Air Passengers Refile New Suit Over Boeing Blowout

    A group of passengers suing Boeing, Alaska Airlines and Spirit AeroSystems over a door plug blowout on a 737 Max flight last January have relaunched their claims in Washington state court after a Seattle federal judge tossed an earlier version of the complaint at their request last month.

  • January 03, 2025

    Ex-Jaguars Employee Drops 2 FanDuel Owners From Suit

    A former employee of the NFL's Jacksonville Jaguars who's in federal prison for embezzling millions to spend on online gambling on Friday dropped Fox Corp. and Boyd Gaming Corp. from his $250 million suit accusing the betting platform FanDuel of preying on his addiction.

  • January 03, 2025

    Energy Cos. Ask Top Calif. Court To End Climate Change Suits

    A half-dozen global energy giants urged California's top court Thursday to review a lower court's decision allowing climate change suits against them to proceed, arguing that California courts don't have jurisdiction over claims stemming from global fossil fuel use.

  • January 03, 2025

    PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge

    An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.

  • January 03, 2025

    Pool Co. Denied New Trial On TM Claims After Winning $16M

    A North Carolina pool parts supplier can't retry trademark infringement claims after securing a $16 million false advertising and unfair business practices judgment against a rival Chinese company accused of misleading customers, a federal judge ruled this week.

  • January 03, 2025

    CPSC, Apple Reach Agreement Over AirTag Battery Warnings

    The U.S. Consumer Product Safety Commission on Thursday said Apple AirTags imported after March 2024 didn't have federally required warnings about the harms of swallowing the tracking devices, but the company has agreed to include warnings.

  • January 03, 2025

    AIG Seeks $302K For Water Damage At NFL Player's NJ Home

    An AIG insurer said it's entitled to recover nearly $302,000 from a contractor and plumbing company for flood damage to a Philadelphia Eagles player's Garden State home, telling a New Jersey federal court that the companies improperly installed the wrong piece of hardware when renovating the property.

  • January 03, 2025

    3 Firms Seek $36M Fee Award In 'Historic' NJ PFAS Deal

    The Law Offices of John K. Dema PC, Kelley Drye & Warren LLP and Cohn Lifland Pearlman Herrmann & Knopf LLP have asked a New Jersey state court to award $36.7 million in attorney fees for their work in securing a $393 million deal over "forever chemical" contamination by Belgian chemical company Solvay as special counsel to the Garden State.

  • January 03, 2025

    $15M Flea Collar MDL Deal Scores Swift Approval By Ill. Judge

    An Illinois federal judge gave his final blessing on Friday to a $15 million settlement in multidistrict litigation targeting adverse side effects that Bayer and other companies behind certain flea and tick collars allegedly failed to warn about.

  • January 03, 2025

    Ala. Judge Won't Recuse In Talc Fight Due To Law Firm Work

    An Alabama federal judge will not recuse himself from a fight between two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder, saying Friday that his previous representation of Beasley Allen Law Firm won't bias him against Smith Law Firm PLLC.

Expert Analysis

  • The Fashion Industry Should Prep Now For State PFAS Bans

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    New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Defense Insights As PFAS Consumer Product Claims Rise

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    Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 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.

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