Product Liability

  • July 25, 2024

    GSK To Remove '100% Natural' Chapstick Labels To End Suit

    A class of consumers is asking a California federal judge for approval of a settlement to end claims that chapstick made and sold by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC and Pfizer Inc. was deceptively marketed as "100% Natural."

  • July 25, 2024

    Fisher-Price, Mattel Ink $19M Deal Over Recalled Baby Sleeper

    Fisher-Price and parent company Mattel asked a Buffalo federal judge for preliminary approval for a $19 million payment to settle a class action over a recalled baby sleeper that a group of consumers claims was falsely advertised as safe.

  • July 24, 2024

    Boeing, DOJ Finalize 737 Max Plea Deal

    The Boeing Co. has finalized its agreement to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing Wednesday evening.

  • July 24, 2024

    11th Circ. Says Nokia Unit Immune From Worker's Negligence Suit

    The Eleventh Circuit on Wednesday declined to revive a suit against Nokia subsidiary SAC Wireless LLC by a worker who was electrocuted and seriously injured while helping remove a crane from a cell tower site in Georgia, ruling that the worker was an employee of a subcontractor, not SAC Wireless.

  • July 24, 2024

    Exxon Loses Bid To Ditch Conn. Climate Change Fraud Suit

    Exxon Mobil Corp. cannot escape Connecticut's lawsuit accusing it of deceiving consumers about the negative impact of fossil fuels on the earth's climate, a state judge ruled Tuesday in rejecting the oil and gas giant's contention that it can't be sued in the Nutmeg State.

  • July 24, 2024

    Eggland's Best Accused Of Lying About Hens' 'Pleasant' Digs

    Egg brand Eggland's Best was hit with a lawsuit accusing it of misleading consumers by describing living conditions for certain laying hens as "pleasant" when in reality those chickens allegedly "live in typical factory farming conditions."

  • July 24, 2024

    Daniel Defense, Gun Cos. Get School Shooting Suit Tossed

    A Virginia federal judge on Wednesday dismissed a suit by two victims of a 2022 school shooting against Daniel Defense LLC and 14 other gun, accessory and ammunition makers, saying the plaintiffs failed to plead that the companies' actions caused the shooting.

  • July 24, 2024

    Coal Ash Crusade An Ongoing Battle For The EPA

    The U.S. Environmental Protection Agency has put coal ash enforcement at the forefront of its agenda by making it one of the agency's top enforcement and compliance priorities for the next four years, but some experts say there's still work to be done given that the EPA itself has said the industry has yet to change its ways.

  • July 24, 2024

    Boulder Wants Suncor Back In Colorado Climate Suit

    The city of Boulder, Colorado, and Boulder County have asked a Colorado state judge to certify part of his judgment dismissing Canadian oil and gas company Suncor Energy from the municipalities' climate change lawsuit so they can appeal that decision and bring Suncor back in.

  • July 24, 2024

    GM Drops 6th Circ. Faulty Fuel Pump Appeal

    The Sixth Circuit won't hear an appeal by General Motors, which initially sought to decertify seven state classes of diesel truck drivers who claimed GM sold them faulty fuel pumps, after the automaker voluntarily pulled back its bid as the parties inch closer to a $50 million deal.

  • July 24, 2024

    LG Unit Seeks Exit From Georgia Exploding Battery Suit

    Atlanta-based LG Chem America Inc., a subsidiary of Korean company LG Chem Ltd., is asking a Georgia state judge to end its involvement in litigation by a man who claims he was injured when a lithium-ion battery cell exploded in his pocket.

  • July 24, 2024

    EV Co. Scores Initial OK On $13M Deal To End Investor Suits

    A Colorado federal judge has granted preliminary approval to a $13.3 million settlement resolving shareholder lawsuits against commercial electric-vehicle company Lightning eMotors, whose executives and directors had been accused of touting unrealistic growth projections in the lead-up to a 2021 merger.

  • July 24, 2024

    Liberty Mutual Gets $2.4M Oil Contamination Row Trimmed

    A New York federal judge trimmed a $2.4 million coverage dispute between Liberty Mutual and an oil and gas trader over losses related to a contaminated oil shipment, finding that although the trader met its burden to make a case for recovery, certain contaminated product was excluded from coverage.

  • July 24, 2024

    Home Depot Truck Rental Keeps Win In Ramp Injury Suit

    A New Jersey appeals court won't upend a midtrial win for Tool & Truck Rental at the Home Depot in a suit from a man who alleges he was injured because of a faulty ramp.

  • July 24, 2024

    Peanut Allergy Death Suit Returns To Conn. State Court

    Settling accusations of procedural "gamesmanship," a federal judge has approved an agreement to return to Connecticut state court a lawsuit against the Stew Leonard's grocery store chain by the estate of an Ailey School-trained ballet dancer who allegedly died from eating mislabeled peanut-laden cookies manufactured by another company.

  • July 24, 2024

    Insurers Get Hyundai, Kia Engine Claim Suits Remanded

    A California federal court has remanded to state court four suits by insurers claiming that Hyundai and Kia are on the hook for 829 engine failure and engine fire claims totaling over $7.7 million in damages, saying the automakers' snap removals violated the forum defendant rule.

  • July 24, 2024

    EPA Moving Toward New Regulations For 5 Chemicals

    The U.S. Environmental Protection Agency on Wednesday kicked off the process to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, last year.

  • July 23, 2024

    Knives Out For Another Pro-Agency Landmark After Chevron

    Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.

  • July 23, 2024

    Meet The Lead Ozempic Lawyers

    The recently deceased U.S. District Judge Gene E.K. Pratter this past spring appointed plaintiff leadership in litigation over Ozempic and similar drugs over allegations that the medications cause gastrointestinal issues. Here's who's who in the list of plaintiffs' leaders.

  • July 23, 2024

    Cannabis Industry Stakeholders Weigh In On Rescheduling

    As the period for public comment on the Biden administration's proposal to reclassify marijuana came to a close Monday, anti-legalization activists, marijuana industry advocates and state cannabis regulators each submitted their thoughts on the potential policy shift.

  • July 23, 2024

    X's Tesla Ties Could Require Judge's Recusal, Watchdog Says

    Elon Musk's X Corp. wants to avoid disclosing its financial links with Tesla in the social media company's defamation lawsuit against Media Matters for America because the Texas federal judge overseeing the case likely holds Tesla stock and would need to recuse himself, the progressive media watchdog said.

  • July 23, 2024

    EPA Must Ban PFAS In Pesticides, Environmental Groups Say

    Farmer advocacy groups and environmentalists urged the U.S. Environmental Protection Agency to flex its regulatory muscles and prohibit the use of pesticide formulas and containers made with so-called forever chemicals, according to a petition that says the agency is doing little to address the issue.

  • July 23, 2024

    Aviation Co. Sheds Claims In Conn. Cessna Crash Suit

    A Connecticut state court judge has struck numerous product liability claims against two individuals and Interstate Aviation Inc., a Plainville company that employed the pilots of a Cessna that crashed into a factory in 2021, but kept alive the same allegations against the Florida company that owned the plane and arranged the flight.

  • July 23, 2024

    Laser Sights Not 'Arms,' Judge Rules, Backing Chicago Ban

    An Illinois federal judge Monday upheld the constitutionality of Chicago's laser sight ban and refused to entertain a resident's "eleventh-hour request" to pursue nominal damages, ending the 14-year-old case.

  • July 23, 2024

    EPA Tells 5th Circ. Louisiana Can't Stall Chemical Regulation

    The U.S. Environmental Protection Agency says the Fifth Circuit cannot decide whether a Louisiana regulator can give a neoprene maker an extra two years to comply with a federal chemical rule because the issue is already before the D.C. Circuit.

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • A Plaintiffs-Side Approach To Cochlear Implant Cases

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    As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • How Cannabis Rescheduling May Alter Paraphernalia Imports

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    The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.

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