Product Liability

  • February 03, 2025

    DOJ's LA Fitness ADA Suit May Be 'Inadequate,' Judge Says

    A California federal judge expressed doubts Monday about the U.S. Department of Justice's lawsuit alleging that LA Fitness failed to accommodate patrons with disabilities and said the court so far finds the pleadings to be "inadequate" in arguing there is a "pattern and practice" of discrimination.

  • February 03, 2025

    DOJ Poised To Prosecute Threat-Makers Against DOGE

    A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."

  • February 03, 2025

    Zantac's Discoloration Merely 'Cosmetic,' Boehringer Rep Says

    A Boehringer Ingelheim corporate representative testified Monday that the company considered changes to the color of its over-the-counter Zantac heartburn drug as no more than a harmless "cosmetic" abnormality, as the pills were consistently tested as safe to take.

  • February 03, 2025

    QBE Insurance, Walmart Cite Pending Opioid Appeal In Ark.

    Walmart Corp. and a fleet of insurers notified Delaware's Supreme Court Monday that they are awaiting an Arkansas Court of Appeals hearing on challenges to a lower court's finding that Walmart is entitled to excess coverage for state and local government insurance suits arising from the opioid epidemic.

  • February 03, 2025

    Baby Sock Co. Inks $3.5M Deal In Investor's FDA Approval Suit

    Investors suing digital baby monitoring device manufacturer Owlet Inc. have asked a California federal court to preliminarily approve a $3.5 million deal to settle claims the company misled investors about approvals required from the U.S. Food and Drug Administration to sell its "smart socks."

  • February 03, 2025

    Yacht Building Co. Faces Sanctions For Hiding Hoist Failure

    A Washington federal judge has said yacht builder Delta Marine Industries owed sanctions over its failure to provide access to parts related to a boat hoist that failed during the launch of a yacht in a $3.4 million dispute between Lloyd's syndicates, underwriters and a Seattle boat builder.

  • February 03, 2025

    Child Porn Victims Urge 9th Circ. To Revive Claims Against X

    Child sex trafficking survivors urged the Ninth Circuit on Monday to revive allegations that X Corp. defectively designed its platform and knowingly benefited from sex trafficking when it refused to remove pornographic videos of the 13-year-old boys, arguing that X isn't shielded under Section 230.

  • February 03, 2025

    Tesla Says Judge DQ Bid In Crash Suit Arrived On Time

    Tesla Inc. has doubled down on its bid to disqualify a California federal judge from an accident case over his prior law firm's work, rejecting the plaintiff's argument that the automaker filed the motion too late.

  • February 03, 2025

    Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim

    The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.

  • January 31, 2025

    Justices Implored To Consider Tipster Medical Device Row

    A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.

  • January 31, 2025

    Hippie Whippy Nitrous Maker Hit With Wrongful Death Suit

    The family of a Detroit-area man killed during a head-on collision is suing Elite Gas LLC, the manufacturer of nitrous oxide product Hippie Whippy, and a number of Michigan retailers, claiming that the fatal crash was caused by another motorist who was inhaling their product.

  • January 31, 2025

    FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws

    Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."

  • January 31, 2025

    Titan Sub Death Suit Sent To Wash. State Court

    A Washington federal judge on Friday remanded to state court a wrongful-death lawsuit filed on behalf of a French explorer who died aboard the Titan submersible while exploring the wreck of the Titanic, saying Jones Act claims can't be removed to federal court if the plaintiff chooses to file in state court.

  • January 31, 2025

    Jet Co. Can't Escape Suits Over Producer's Death In Crash

    A Florida federal judge has denied a jet charter company's bid to dismiss two lawsuits brought by the family members of a Puerto Rican reggaeton producer who died in a 2021 plane crash in the Dominican Republic, citing the company's substantial business ties to the Sunshine State.

  • January 31, 2025

    Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

    A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.

  • January 31, 2025

    NJ, 15 Other States Urge 5th Circ. To Revive ATF Trigger Ban

    New Jersey led a coalition of 16 states urging the Fifth Circuit to reverse a Texas federal court decision blocking the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives from classifying forced reset triggers as illegal machine guns, arguing, "FRTs are new, but the mechanical principles on which they operate are not."

  • February 14, 2025

    Law360 Seeks Members For Its 2025 Editorial Boards

    Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

  • January 31, 2025

    Goldstein Case Raises The Stakes For A DOJ Office In Tumult

    The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.

  • January 31, 2025

    Cannabis Test Lab Says Competitors Fudging Results

    A Massachusetts cannabis testing lab accused eight of its competitors of intentionally inflating results for potency and concealing findings of contamination in order to lure away customers, according to a lawsuit filed in state court.

  • January 31, 2025

    Seasoned Patterson Belknap Trial Team Joins Linklaters In NY

    Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.

  • January 30, 2025

    OnlyFans Alleged Rape Video Suit Sent To Fla. State Court

    A Florida district judge adopted a magistrate judge's recommendation to dismiss a federal lawsuit brought by Jane Doe, an alleged victim who claimed OnlyFans profited from a video of her rape, but sent the case back down to state court where the remainder of her allegations will be tried.

  • January 30, 2025

    Big Ass Fans Agrees To Fine Over COVID-19 Filtering Claims

    Fan maker Big Ass Fans has agreed to pay nearly half a million dollars in penalties and restitution to resolve false advertising claims related to ceiling fan attachments it marketed during the COVID-19 pandemic as being able to kill over 99% of pathogens within an hour.

  • January 30, 2025

    AA Jet And Army Helicopter Crash: What We Know So Far

    The midair collision between an American Airlines regional jet and a U.S. Army helicopter over the Potomac River will spark multiple inquiries and regulatory actions on air traffic control procedures and flight paths that may raise sticky questions about the scope of the federal government's liability in future litigation, experts say.

  • January 30, 2025

    Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win

    The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.

  • January 30, 2025

    Plaintiffs, Pfizer Spar Over Where To Join Depo-Provera Suits

    Consumers who claim Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate their cases but sparred over whether to move them to California or New York.

Expert Analysis

  • 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.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • EPA's New Lead Pipe Rule Leaves Key Questions Unanswered

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    The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.

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