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Product Liability
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August 28, 2024
The Biggest Enviro Cases To Watch In 2024: Midyear Report
Environmental attorneys can expect to see several developments in pending litigation during the remainder of 2024, including two cases that the U.S. Supreme Court has agreed to hear about Clean Water Act regulations for San Francisco and the extent of the federal government's authority as part of environmental reviews for projects. Here are some of the biggest cases to watch in the rest of 2024.
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August 28, 2024
TikTok Lawsuit, Kids' Privacy Bills Push Cos. 'Back To Basics'
The federal government's lawsuit challenging TikTok's policing of kids on its platform and mounting efforts to boost online protections for teens is ramping up pressure on a broad range of website operators, highlighting the importance for companies to think beyond existing legal frameworks to avoid growing legal scrutiny.
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August 28, 2024
BREAKING: Biden's Latest Judge Nominees Include Pick For Northern NY
President Joe Biden announced judicial nominees on Wednesday for federal district courts in New York, New Mexico and Arizona.
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August 28, 2024
Attys Duel Over Fees After $12.8M Deal In Chiquita MDL
Attorneys for different sets of plaintiffs in long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitary groups are facing off over attorney fees after a settlement in the case.
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August 27, 2024
No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says
The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.
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August 27, 2024
Miss. Seafood Co. Pleads Guilty To 'Fish Substitution' Scheme
The largest seafood wholesaler in the Mississippi Gulf Coast and two of its managers pled guilty Tuesday to scheming with others to market and sell cheap frozen fish imports as premium and locally sourced, federal prosecutors in Mississippi announced.
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August 27, 2024
Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed for by putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.
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August 27, 2024
Cherokee Nation's Opioid Suit Sent Back To State Court
An Oklahoma federal judge has adopted a magistrate judge's recommendation to send a Cherokee Nation opioid lawsuit against pharmaceuticals distributor Morris & Dickson back to state court, agreeing that the negligence case isn't predicated on a duty arising out of the federal Controlled Substances Act.
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August 27, 2024
Baby Sound Machine Co. Sued Over Shock Hazard Recall
A parent has launched a proposed class action against Hatch, a California-based manufacturer of sound machines for sleeping, claiming its plugs can shock users.
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August 27, 2024
Self-Driving Truck Co. Inks $189M Deal To End Investor Suit
Self-driving trucking company TuSimple Holdings Inc. has agreed to pay $189 million to settle a class action lawsuit alleging it misled investors about its safety record and payments to a Chinese rival that opened it up to U.S. government investigations, according to a filing in California federal court.
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
Asbestos Claimants Tell 4th Circ. Bestwall Isn't Distressed
The official committee of asbestos claimants in the Chapter 11 case of Georgia-Pacific unit Bestwall told the Fourth Circuit that the company's bankruptcy should be tossed because commitments to fund asbestos liabilities by the parent mean the debtor isn't facing financial distress.
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August 27, 2024
Car-Sharing Co. Turo Accused Of Shirking Own Arb. Terms
California-based car-sharing company Turo has been hit with a proposed class action in Illinois federal court claiming it violated its own terms of service by refusing to arbitrate consumers' disputes or pay its required portion of the arbitration filing fees.
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August 27, 2024
Samsung Must Face Exploding Vape Battery Suit
Samsung can't escape a suit over injuries sustained by a man after a lithium-ion battery exploded in his pocket, a Houston appellate court ruled Tuesday, rejecting the South Korean company's argument that a Texas court doesn't have jurisdiction because it doesn't do business directly in Texas.
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August 27, 2024
19 New Jersey Stores Cited For Selling Flavored Vapes
Nineteen New Jersey shops could face fines of $4,500 for selling flavored vapor products, which were outlawed in the Garden State in April 2020, the state attorney general said Tuesday.
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August 27, 2024
CPSC Suit 'Makes A Mockery' Of Standing, SG Tells Justices
The federal government is urging the U.S. Supreme Court to pass on a "highly artificial suit" that seeks to unravel removal protections for commissioners on the Consumer Product Safety Commission, saying the groups behind the suit have no standing to pursue the legal challenge.
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August 27, 2024
OSHA Hits Chicago Countertop Maker With $1M In Penalties
A Chicago-based countertop manufacturer was hit with nearly $1 million in potential fines for safety and health violations after federal regulators learned that a number of facility workers allegedly suffered major respiratory problems, including a father and son who both require lung transplants.
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August 27, 2024
Wash. Co. Says Titan Sub Death Suit Belongs In Fed. Court
A Washington state-based firm linked to the Titan submersible that imploded during an expedition to the wreck of the Titanic has argued that federal court is the proper venue for a wrongful death lawsuit launched by the family of a French explorer who was aboard the vessel.
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August 27, 2024
Sig Sauer Shouldn't Get Retrial, Says Winner Of $2M Verdict
Sig Sauer Inc. shouldn't get a new trial, said a man who won a $2.35 million jury verdict in his suit alleging that a defect in his P320 pistol caused him to accidentally shoot himself, telling a Georgia federal court Monday that the gunmaker comes nowhere close to showing any error.
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August 27, 2024
Deceptive Coppertone Label Suit Tossed From Conn. Court
Consumers who filed suit against the makers of Coppertone sunscreen have agreed to drop their proposed class action claiming its "Face 50" Sports Mineral sunscreen was deceptively advertised, according to an order issued Monday in Connecticut federal court.
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August 27, 2024
Ford, NC Couple Settle Car Crash Dispute
Ford Motor Company and a couple suing the auto giant over an allegedly defective seat and seat belt in their 2017 Ford Explorer have reached a confidential settlement of their claims, according to a recent North Carolina state court filing.
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August 27, 2024
Google Privacy Class Action Delays Irk Discovery Judge
A California federal judge expressed frustration Tuesday with discovery delays in a years-old class action alleging Google Assistant-enabled devices surreptitiously recorded conversations, telling attorneys they've already "been around and around and around" on discovery fights, and "we need to keep this moving."
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August 27, 2024
Connecticut Litigation To Watch In The 2nd Half Of 2024
The Connecticut state and federal courts will grapple with a number of closely watched cases during the second half of 2024, including three key lawsuits by state Attorney General William Tong.
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August 26, 2024
Pool Co. Secures $1.1M In Fees For False Ad Trial Win
A North Carolina federal judge has granted $1.1 million in fees for attorneys from McCarter & English LLP and Womble Bond Dickinson who represented a swimming pool salt system supplier in a trial against a competitor, finding the case qualifies as exceptional since the opposing company acted "unreasonably."
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August 26, 2024
Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med
A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.
Expert Analysis
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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.
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How Courts Split On Damages Analysis In Automotive Suits
As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Classwide Calculations May Get Price Premium Damages Wrong
In many consumer class actions, plaintiffs assert that they overpaid for a product because of a misrepresented or defective product feature, and that a single price premium estimate can be applied classwide — but failure to account for differences in price premiums across a putative class may lead to improper damage awards, say economists at Ankura Consulting.