Product Liability

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • October 02, 2024

    GM Must Face Auto Part Co.'s Raid Conspiracy Counterclaim

    General Motors can't slip an aftermarket car parts company's accusation that the auto giant was behind a government raid of its warehouses, a Michigan federal judge ruled Tuesday, allowing two of Quality Collision's counterclaims in a GM-filed patent infringement suit to stand.

  • October 02, 2024

    Co. Nixes 2nd Insurer From Chemical Leak Defense Suit

    A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against a second insurer in Texas federal court, leaving one insurer remaining in the dispute.

  • October 02, 2024

    Tesla Sued By Driver Shocked At NJ Charging Station

    A Garden State woman alleged that a design defect in the Tesla Supercharger caused her to be shocked while attempting to unplug her Tesla from a charging station at a southern New Jersey shopping center, according to a suit filed in New Jersey state court.

  • October 01, 2024

    Meta Must Face Bulk Of Social Media Harms Securities Suit

    A California federal judge on Monday trimmed but refused to throw out a proposed securities class action claiming Meta Platforms Inc. and its executives misled investors about the harmful effects of social media, finding that the investors pointed to plausibly misleading statements regarding mental health and keeping children safe.

  • October 01, 2024

    From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law

    California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.

  • October 01, 2024

    Oxygenation Doesn't Show Water Quality, Texas Justices Hear

    Texas Supreme Court justices prodded the Save Our Springs Alliance's argument that a permit to release treated wastewater would degrade water quality, questioning whether the advocacy organization's argument that a drop in levels of dissolved oxygen shows water degradation during oral arguments Tuesday.

  • October 01, 2024

    Data Brokers Decry 'Ill-Tailored' NJ Judicial Privacy Law

    Data brokers such as Equifax, Thomson Reuters and Zillow urged a New Jersey federal judge Tuesday to toss a suit accusing them of violating Daniel's Law, arguing the state's judicial privacy measure is unconstitutionally broad and unevenly applied. 

  • October 01, 2024

    9th Circ. Cites 'Sunscreen' Song In Reviving Banana Boat Suit

    The Ninth Circuit on Tuesday revived a proposed class action claiming Banana Boat sunscreen contains unsafe levels of benzene, citing a one-hit wonder from an Academy Award nominated director and saying a lower court judge erred by prematurely resolving disputed issues of fact and the merits of the consumer case.

  • October 01, 2024

    Judge Stays Calif. Locomotive Emissions Rule Challenge

    A California federal judge halted litigation brought by rail industry groups challenging a regulation requiring railroads to transition to zero-emission locomotives in the Golden State over the next decade, finding the U.S. Environmental Protection Agency's upcoming authorization decision will greatly impact the case.

  • October 01, 2024

    Water Firm Can't End Flint Children's Negligence Claims

    The federal judge presiding over Flint, Michigan, water crisis litigation again ruled on Tuesday that an engineering firm won't be able to avoid professional negligence claims related to its consulting work with the city, issuing the 70-page opinion days before jury selection for a bellwether trial begins.

  • October 01, 2024

    Georgia-Pacific Tells 6th Circ. Rivals Liable In CERCLA Row

    Georgia-Pacific Consumer Products LP on Tuesday asked the Sixth Circuit to affirm a Michigan federal judge's ruling that International Paper Co. and Weyerhaeuser Co. can be sued for future cleanup costs of a Michigan Superfund site.

  • October 01, 2024

    Tesla Dodges Investor Suit Over Self-Driving Tech Claims

    A California federal judge has released Tesla Inc. from litigation accusing it of deceiving investors about the capabilities and safety record of its self-driving technology, granting it at least a temporary reprieve from the class action litigation because suing shareholders hadn't shown that CEO Elon Musk knew his statements about the technology were false.

  • October 01, 2024

    Ford Must Face Trimmed Suit Over Alleged Truck Roof Defects

    A Michigan federal judge trimmed a proposed class action alleging Ford Motor Co. knowingly sold defective trucks with weak roofs that collapse in a rollover, tossing certain claims brought on behalf of unrepresented states, but rejecting other defense arguments — including Ford's statute-of-limitations defense — for being premature.

  • October 01, 2024

    Apple Users Win Partial Cert. In Storage False Ad Suit

    A California federal judge granted class certification Monday in a suit accusing Apple Inc. of falsely advertising the storage capacity of older mobile devices, but only for a subclass of certain individuals who purchased 16-gigabyte devices preinstalled with Apple's iOS 8 operating system in the Golden State.

  • October 01, 2024

    Ga. Industrial Fire Ignites Slew Of Suits From Residents

    As a chlorine plant about 20 miles outside of Atlanta continues to belch chemical fumes into the skies in the aftermath of an industrial fire, the company that owns the facility was hit with proposed class actions Monday from residents who say the disaster is already causing dangerous health problems.

  • October 01, 2024

    Boeing Can't Escape Investors' 737 Max Fraud Suit

    An Illinois federal judge trimmed but refused to toss a proposed securities class action against Boeing over claims that it harmed investors by misrepresenting the 737 Max's safety, pushing back against defendants who wanted him to reach the same conclusion as the suit's previously assigned judge.

  • October 01, 2024

    NC Man Defends $1.6M Verdict Over Vape Battery Explosion

    A North Carolina man is asking a state appeals court to affirm his $1.6 million verdict in a suit against a distributor over injuries he suffered when a lithium-ion battery for his vape exploded in his pocket, saying there was plenty of evidence for the jury to conclude the distributor sold the battery in question.

  • October 01, 2024

    TikTok Petitions 3rd Circ. To Review Section 230 Ruling

    TikTok asked for another crack in the Third Circuit on Tuesday, requesting an en banc rehearing of the appeals court's decision holding that its "For You Page" algorithm doesn't enjoy Section 230 immunity and reviving a suit accusing the app of recommending a "blackout challenge" that led to a 10-year-old's death.

Expert Analysis

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Breaking Down EPA's Rule On PFAS In Drinking Water

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    Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • 'Beauty From Within' Trend Poses Regulatory Risks For Cos.

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    Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Teach Your Party Representative The Art Of Nonverbal Cues

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    As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.

  • Considering CGL Defense For Social Media Addiction Claims

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    A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Cos. Must Prepare For Calif. Legislation That Would Ban PFAS

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    Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.

  • FDA Warning Letter Tightens Reins On 'Research Only' Labels

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    A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.

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