Product Liability

  • July 01, 2024

    Carvana Seeks Toss Of Chancery Suit Alleging Faulty Sales

    An attorney for online used-car sales giant Carvana Inc. on Monday urged Delaware's chancellor to toss or stay what he described as a derivative damages case "repackaged" from past or pending federal securities actions that "have not fared well."

  • July 01, 2024

    EPA To Clean Up Middle Of Gowanus Canal Superfund Site

    The U.S. Environmental Protection Agency revealed Monday it has initiated cleanup work on the middle portion of the Gowanus Canal Superfund site in Brooklyn, New York, while the agency works to complete dredging and capping activities in the upper portion later this month.

  • July 01, 2024

    NJ Judge Tosses J&J Unit's Libel Claim Over Talc Study

    A New Jersey federal judge has tossed a bankrupt Johnson & Johnson unit's libel suit over a scientific article linking talcum powder to mesothelioma, ruling the challenged statements in the article are scientific conclusions protected by the First Amendment.

  • July 01, 2024

    Bard, Hernia Mesh Claimants Can't Hide Injury MDL Deal Info

    An Ohio federal judge denied a joint bid to seal a forthcoming settlement motion by C.R. Bard Inc. and hundreds of claimants who sued Bard and a subsidiary over their hernia mesh implants Monday, saying the parties had not given a compelling reason their deal should be secret.

  • July 01, 2024

    Talc Victims Can't Block J&J From Filing For Ch. 11 Outside NJ

    A New Jersey federal judge has denied a bid for a restraining order from a group of patients suing Johnson & Johnson over claims they were injured by its talc products, saying their concern that the company would try to file for bankruptcy outside the Garden State is based on speculation and not ripe for litigation.

  • July 01, 2024

    GSK Wants Lab's Zantac Whistleblower Suit Moved To Florida

    GlaxoSmithKline wants a Connecticut laboratory's federal whistleblower lawsuit moved from Pennsylvania to Florida, where a West Palm Beach court has already overseen four years of a multidistrict litigation that GSK said was touched off by the same lab's claims that Zantac breaks down into a cancer-causing chemical.

  • July 01, 2024

    GM Says No Warranty Breach Over Alleged Parking Defect

    General Motors LLC has asked a Michigan federal judge to toss a proposed class action alleging it sold vehicles that can't detect when they're in park, forcing drivers to resort to "gimmicks" to shut them off, saying drivers haven't shown the alleged defect is dangerous or that GM knew about it when it sold the vehicles.

  • July 01, 2024

    Feds Say Ex-Magellan Officer's Atty May Have Conflict

    A Donnelly Conroy & Gelhaar LLP attorney's prior representation of co-defendants in a pending fraud case against former executives of medical device company Magellan Diagnostics may have created a disqualifying conflict of interest, lawyers for the government told a Massachusetts federal judge.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    Will 'Moral Victory' In Purdue Ruling Help Plaintiffs?

    The U.S. Supreme Court's decision that the Sackler family members who own Purdue Pharma LP cannot be shielded by the bankruptcy code from lawsuits over the opioid crisis reflects the widespread public outrage over their role in the epidemic, but experts say it remains unclear what will happen next for the individuals and governments that have sued the company.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Split 9th Circ. Revives Part Of Sprout Baby Food Label Suit

    A California couple suing Sprout Foods over nutrient statements on its baby food pouches can pursue a Golden State law claim but not fraud-based claims, a split Ninth Circuit panel ruled Friday, saying federal law doesn't preempt the state's labeling standards, but the parents haven't shown the products were misleading.

  • June 28, 2024

    Insurer Says It Owes No Coverage In Hair Relaxer Litigation

    As a beauty manufacturer faces allegations that its line of hair relaxers contain carcinogenic ingredients, Selective Way Insurance Co. has asked a Georgia federal judge to release it from having to cover the company's defense in a sprawling multidistrict litigation.

  • June 28, 2024

    Texas Justices Scrap $26M Verdict In Honda Seat Belt Suit

    The Texas Supreme Court on Friday handed American Honda Motor Co. Inc. a post-trial win, vacating a $26 million verdict for a woman who was paralyzed after a crash in 2015, saying the evidence she presented was not enough to rebut a presumption of nonliability under Texas law.

  • June 28, 2024

    Philly Judge Calls $2.25B Roundup Verdict 'Excessive'

    A Philadelphia state judge has explained her decision to slash a cancer patient's $2.25 billion win against Monsanto for its Roundup weedkiller contributing to his lymphoma, calling the jury's January verdict unconstitutionally "excessive."

  • June 28, 2024

    EPA Coal Ash Rules Are Nothing New, DC Circ. Rules

    The U.S. Environmental Protection Agency was enforcing existing rules rather than illegally issuing new ones when it rejected requests by power companies to extend a deadline to comply with regulations governing the cleanup of coal-ash waste facilities, a D.C. Circuit panel ruled Friday.

  • June 28, 2024

    Philips Gets OK For $25M Med Monitoring Deal In CPAP MDL

    A Pennsylvania federal judge has given the go-ahead to a $25 million medical monitoring settlement in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and some of its American subsidiaries.

  • June 28, 2024

    Nixed Purdue Ch. 11 Plan May Leave States Ready For A Fight

    State attorneys general across the country could be gearing up for more opioid-related litigation against the Sackler family after the U.S. Supreme Court wiped out a $5.5 billion third-party release for the owners of bankrupt drugmaker Purdue Pharma LP, experts told Law360.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    OptumRx Agrees To Pay $20M To Resolve DOJ Opioid Claims

    OptumRx Inc. has reached a $20 million deal with the U.S. Department of Justice to end allegations the company improperly filled opioid prescriptions in combination with other drugs, the Justice Department announced Thursday.

  • June 27, 2024

    Insurers Call Rite Aid Ch. 11 Opioid Deal Unfair

    Counsel for bankrupt drugstore chain Rite Aid told a New Jersey bankruptcy judge Thursday that it hopes to reach an agreement with at least some of its insurers on payments into an opioid settlement fund before closing arguments in its Chapter 11 plan confirmation Friday.

  • June 27, 2024

    EPA's State Smog Pollution Plan Down, Not Out Yet

    The U.S. Supreme Court flexed its muscles menacingly at the U.S. Environmental Protection Agency on Thursday and blocked it from implementing an important air pollution control plan for several states, but experts say it's too early to completely write off the rule in question.

  • June 27, 2024

    Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11

    The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.

  • June 27, 2024

    GoodPop Says Rival Misleads With '100% Real Fruit' Claim

    The makers of GoodPop popsicles sued rival Jonny Pops LLC on Thursday, saying that despite Jonny Pops advertising its products as being made with "100% real fruit" and healthy "simple ingredients," the pops are mostly water and added sugar well beyond what is healthy for children or adults.

Expert Analysis

  • 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.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

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