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Product Liability
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October 04, 2024
Tractor Fluid MDL's $32M Settlement To Move Forward
A Missouri federal judge has given the go-ahead to a $32 million settlement between tractor owners and a pair of hydraulic fluid makers to resolve claims in multidistrict litigation alleging the fluid was defective and damaged vehicles that used it.
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October 04, 2024
Hemp Org, Cheech & Chong Seek Halt Of Calif. Hemp Ban
A leading hemp industry trade organization, along with the cannabis brand fronted by stoner comedians Cheech & Chong, have asked a Los Angeles state judge to halt enforcement of new California emergency regulations banning the sale of hemp products with THC.
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October 04, 2024
EPA Finalizes Stronger Pesticide Rules For Farmworker Safety
The U.S. Environmental Protection Agency finalized a rule strengthening protections for agricultural workers who could be exposed to pesticides, standards that had been weakened by the Trump administration.
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October 04, 2024
Off The Bench: NIL Atty Beef, 'Hard Knocks' Death, MJ Racing
In this week's Off The Bench, friction over the pending settlement in the vast NCAA name, image and likeness compensation class action fuels an attorney feud, the widow of a "Hard Knocks" production assistant blames the league for his death, and Michael Jordan accuses NASCAR of having a motorsports monopoly.
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October 04, 2024
Albertsons Inks $3.9M Overcharge Deal With Calif. DAs
Albertsons and its affiliate companies have agreed to pay $3.9 million to settle a civil enforcement action accusing them of bilking shoppers by charging higher prices for grocery items than what was advertised, according to an announcement made by several California district attorneys.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
High Court Will Hear Mexico's Suit Against Gun Cos.
The Supreme Court on Friday agreed to review a decision allowing Mexico to sue a group of gun manufacturers alleging they have aided and abetted criminal cartels.
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October 04, 2024
High Court Takes Up E-Cig 'Forum Shopping' Appeal
The U.S. Supreme Court on Friday agreed to review a Fifth Circuit ruling that allowed out-of-circuit e-cigarette manufacturers to seek judicial review before the New Orleans-based court so long as the petition is joined by a seller located in the circuit.
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October 03, 2024
Drivers Rip GM's Bid For Full 6th Circ. Redo In Emissions Row
A group of drivers on Thursday balked at General Motors' bid to get the full Sixth Circuit to review a divided panel's recent decision partly reviving consolidated litigation alleging the automaker deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Texas Says TikTok Violates Online Parental Controls Law
The state of Texas sued TikTok and its affiliates in state court, alleging Thursday that the social media site violates the state's Securing Children Online through Parental Empowerment Act by distributing and selling children's personal data without parents' consent.
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October 03, 2024
Georgia Resident Adds To Lawsuits Targeting Bio-Lab Fire
A resident of Conyers, Georgia, is adding to the litigation against Bio-Lab Inc. and its corporate parent, KIK Custom Products Inc., with a proposed class action filed after a fire at the company's facility in the city on Sunday led to evacuation and shelter-in-place orders.
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October 03, 2024
Flint Water Judge Wishes Public Knew Case Complexity
A Michigan federal judge on Thursday gave the final approval to a $25 million settlement to end claims from a class of Flint adults and businesses accusing a firm of failing to properly alert officials about the dangers of the city's water, noting that the case took years to resolve because it involved complicated legal issues.
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October 03, 2024
NJ Contractors Accused Of $10M Fraud In Lead Removal Work
A New Jersey construction company billed the city of Newark $10.2 million for replacing 1,500 lead water service lines but never did the work, instead concocting false evidence to show new copper pipes had been installed, federal authorities said Thursday in announcing the arrests of the chief executive and a foreperson.
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October 03, 2024
Mine Can't Toss CSX's Suit Over Derailment After Hurricane
A North Carolina federal judge won't throw out claims from CSX Transportation Inc. against a North Carolina sand and gravel mine over a 2018 derailment, finding there's sufficient evidence for a jury to conclude the mine was negligent in its water management, leading to erosion following Hurricane Florence that washed out a section of track.
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October 03, 2024
Cos. Want Federal Rule On Litigation Funding Disclosure
The federal courts should adopt a uniform process for the disclosure of third-party litigation funding in federal cases, a host of companies, including Johnson & Johnson and Google, told the judiciary's Rules Committee.
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October 02, 2024
Bard Agrees To Individualized Deals In Hernia Mesh Litigation
Tens of thousands of plaintiffs alleging they were injured by hernia mesh implant devices could resolve their claims against C.R. Bard Inc. under a settlement process unveiled Wednesday, a "decisive step" toward addressing the claims in both state and federal courts, counsel for the plaintiffs said in their announcement.
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October 02, 2024
Nipple Cover Co. Can't Nix 'Grippy, Not Sticky' False Ad Suit
A California federal judge on Wednesday declined to nix a proposed class action claiming Cakes Body falsely touts its reusable pasties as stay-in-place but that they don't work the way they're advertised, finding the plaintiff plausibly alleges the "grippy, not sticky" representations describing the product are misleading to consumers.
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October 02, 2024
Pfizer Didn't Warn Of Tumor Risks In Depo-Provera, Suit Says
Pfizer Inc. faces a product liability and negligence suit filed Tuesday in California federal court alleging it distributed the hormonal contraceptive drug Depo-Provera without adequately warning patients and doctors about the risk of brain tumors associated with its use, a danger that has been widely published in scientific journals for years.
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October 02, 2024
Gordon Rees Atty Asks Judge To Rethink Malpractice Ruling
A Gordon Rees Scully Mansukhani LLP attorney urged a Washington state court to reconsider a recent ruling denying the dismissal of legal malpractice claims brought by the insurer for a climbing equipment manufacturer, saying the assignment and subrogation of professional liability claims is improper.
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October 02, 2024
Hyundai, Kia Drivers' $145M Car-Theft Deal Wins Final OK
A California federal judge has signed off on a $145 million settlement that closes out consolidated consumer claims alleging Hyundai and Kia knowingly sold defective vehicles with design flaws that spawned a car-theft crime wave following a viral TikTok trend that popularized tips for breaking into their cars.
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October 02, 2024
14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule
A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.
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October 02, 2024
This Is L Can't Toss Tampon Misleading Labeling Suit
A New York federal judge on Wednesday declined to toss a suit alleging that This Is L. Inc. misleads consumers by advertising its tampons as having no "chlorine bleaching, dyes or fragrances" when it includes a pigment.
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October 02, 2024
3rd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit
Another firearm firm has settled with Connecticut Attorney General William Tong to resolve his claims it was selling "ghost gun" components unlawfully in a deal that involves the company dissolving itself, handing over its web domain and deleting all of its social media, Tong announced Wednesday.
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October 02, 2024
Sikorsky Must Face Chopper Crash Suit In US, Pa. Judge Says
A Pennsylvania federal judge on Tuesday ordered a lawsuit against Sikorsky Aircraft by the estates of Canadian military personnel who died in a helicopter crash to remain in the U.S., finding the allegedly defective copter was designed, developed and upgraded here and litigating it in Pennsylvania would expedite resolution.
Expert Analysis
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What Cos. Need to Know About Battery Labeling Law
With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.