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Product Liability
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August 06, 2024
FDA Posts Two Policy Memos On E-Cig Applications
The U.S. Food and Drug Administration on Monday posted two memos outlining the agency's thoughts on two aspects of their reviews of applications to market e-cigarettes, which include chemical components that may pose a risk of cancer.
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August 06, 2024
EPA Emergency Bans Pesticide Chem Over Risks To Unborn
The U.S. Environmental Protection Agency said Tuesday it's imposing an emergency ban on all pesticide products that contain a chemical used since the 1950s that it says puts fetuses at risk of thyroid problems and a cascade of other health issues.
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August 06, 2024
Ariz. Tribe Seeks To Block Lithium Exploration Project
An Arizona tribe is asking a federal district court to block the approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes, arguing the Bureau of Land Management failed to consider its actions on the historic property.
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August 06, 2024
Frigidaire Dishwasher Defect Suit Tossed For Lack Of Proof
An Illinois federal judge has thrown out claims from seven plaintiffs alleging that Frigidaire-brand dishwashers made by Electrolux Home Products Inc. are defective, saying none of them have put forth proof that any design defect exists, let alone that the company had a duty to warn them of it.
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August 05, 2024
Kia Atty Reduced To 'Monty Python' Knight By Tentative Order
Kia and Hyundai's attorney told a California federal judge Monday that his tentative order denying the companies' motion to dismiss Chicago's claims in multidistrict litigation over car thefts left him feeling like the knight in "Monty Python and the Holy Grail" who loses his arms and legs but keeps fighting.
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August 05, 2024
Abandoned Gas Wells Class Action Survives 4th Circ. Battle
The Fourth Circuit on Monday rejected EQT Corp.'s and Diversified Energy Co.'s efforts to evade a proposed class action filed by West Virginia property owners who allege they've been harmed by abandoned oil and gas wells.
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August 05, 2024
Conn. Gunmaker Says Mass Shooting Cases Belong In Colo.
Connecticut-based gunmaker Sturm Ruger & Co. Inc. wants two lawsuits surrounding a March 2021 mass shooting at a King Soopers grocery store in Boulder, Colorado, dismissed from Connecticut state court, arguing that Connecticut is an inconvenient place to litigate a massacre that occurred two time zones away.
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August 05, 2024
Indivior Accused Of Overstating Prospects Of 3 Opioid Drugs
Drugmaker Indivior PLC has been hit with a proposed investor class action in Virginia federal court over claims it overstated the financial prospects of its drugs used to treat opioid use disorders and the company's ability to forecast such financial projections.
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August 05, 2024
Monsanto PCB Appeals Win Has Shallow Impact, Families Say
A group of families suing Monsanto alleging they were poisoned by chemicals at a Washington school has told a trial judge their case can't be limited by the state's 12-year statute of repose for product liability claims, even though an appellate court did just that in a related case.
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August 05, 2024
Chinese Drug Co. Says Sanctions In Valsartan MDL Too Harsh
Chinese drug firm Zhejiang Huahai Pharmaceutical Co. Ltd. told a New Jersey federal court Friday that sanctions authorizing two adverse jury instructions in multidistrict litigation over generic drugs contaminated with carcinogens should be overturned, arguing the plaintiffs did not allege the bad faith required for such a harsh penalty.
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August 05, 2024
GSK Wins Second Ill. Trial On Zantac Cancer Claims
A Chicago jury held Monday that GlaxoSmithKline is not liable for a woman's colorectal cancer, handing the drugmaker a second straight trial victory in hundreds of Illinois suits targeting Zantac heartburn medication and its generic counterparts.
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August 05, 2024
GM Slams Investors' Suit Alleging AV Tech Lapses
General Motors has asked a Michigan federal court to dismiss a proposed securities fraud class action alleging it downplayed safety concerns about its autonomous vehicle technology, arguing the investors have contorted definitions of safety terms to bolster the suit.
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August 05, 2024
CrowdStrike Slams Delta Over Outage Lawsuit Threats
CrowdStrike has fired back at Delta Air Lines' recent threat to haul the cybersecurity firm to court to recoup hundreds of millions in losses from last month's global IT outage, saying the airline refused CrowdStrike's offer for technical assistance, then botched its own operational recovery.
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August 05, 2024
Judge Mostly Preserves Md. Firearm Restrictions
A Maryland federal judge has granted a permanent injunction blocking some provisions of a Maryland law restricting where residents can publicly carry firearms, while allowing the bulk of its restrictions to remain in effect.
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August 05, 2024
CooperSurgical Says Lab Hid Flawed IVF Product Tests
Fertility technology company CooperSurgical Inc. has accused a Massachusetts testing lab of failing to follow proper procedures and misrepresenting the results of quality assurance testing on a product used in the in vitro fertilization process, leading to a recall.
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August 05, 2024
Transportation Policies To Watch: Midyear 2024 Review
Rail and aviation safety reforms following recent incidents, stricter vehicle emission standards guiding automakers' gradual pivot to electrification, and the integration of new automation and drone technology are some of the transportation industry's top regulatory priorities to watch in the second half of 2024.
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August 05, 2024
US Chamber Backs Rail Co. Challenge To Crew Size Rule
The U.S. Chamber of Commerce is backing railroad companies' argument that the Federal Railroad Administration overstepped by implementing a rule that requires trains to be operated by at least two people, telling the Eleventh Circuit the rule was imposed without adequate justification or consideration of companies' interests.
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August 05, 2024
Pennsylvania Legislation To Watch In 2024: A Midyear Report
The Pennsylvania Legislature is following other jurisdictions striving to make social media safer while preserving free speech, and putting stricter limits on "forever chemicals" that had been widely used in firefighting applications and products for resisting stains and stickiness. Here, Law360 looks at some of the Pennsylvania bills attorneys are watching in 2024.
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August 02, 2024
Hawaii Inks $4B Maui Wildfires Deal Ahead Of Anniversary
The state of Hawaii, Charter Communications and the state's largest utility have agreed to shell out $4 billion to resolve hundreds of lawsuits lodged after a deadly wildfire broke out in Maui nearly a year ago, Hawaii Gov. Josh Green announced on Friday.
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August 02, 2024
5th Circ. Remands FDA's E-Cigarette Product Denials
The Fifth Circuit has once again said that the U.S. Food and Drug Administration acted unlawfully when the agency denied a number of requests from e-cigarette manufacturers seeking permission to sell their flavored vapes.
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August 02, 2024
McKinsey's $78M Opioid Deal With Health Plans Gets OK
A California federal judge said Friday he'll approve McKinsey & Co. Inc.'s $78 million deal to resolve claims on behalf of approximately 42,000 third-party payors, with class counsel receiving $15.1 million in fees, after the initial settlement was tweaked due to objections from some plaintiffs' attorneys.
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August 02, 2024
Wolverine, Travelers Drop Coverage Claims Over PFAS Suits
Footwear company Wolverine and various Travelers units have agreed to end their coverage battle over underlying lawsuits accusing the company of injuring individuals through its leather tannery operations and exposing individuals to so-called forever chemicals, the parties told a Michigan federal court.
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August 02, 2024
FDA Warns Online Retailers Against Youth-Appealing Vapes
The U.S. Food and Drug Administration has warned five more online retailers that they are illegally selling vape brands such as Geek Bar, Lost Mary and Bang, according to an announcement that said it called them a "particular concern" because of their popularity to young people.
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August 02, 2024
SDNY Brass Looks To Future After String Of Courthouse Wins
A series of high-profile convictions won by federal prosecutors from the Southern District of New York shows the office is pursuing justice for a diverse community without regard for politics, its senior leaders told Law360, adding they intend to continue on that path.
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August 02, 2024
Boeing's New CEO To Steer Daunting Safety Culture Rebound
Boeing's selection of an engineer and longtime aerospace industry executive as its next CEO demonstrates an eagerness to correct course amid daunting legal and regulatory troubles, as victims' families relentlessly press for Boeing to face a criminal trial over the two 737 Max 8 crashes.
Expert Analysis
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Tylenol MDL Highlights Expert Admissibility Headaches
A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
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.