Product Liability

  • December 06, 2024

    AngioDynamics Port Defect Caused Infection, Ga. Man Says

    A medical device manufacturer and one of its subsidiaries have been sued in Georgia federal court over allegations that their implantable port for delivering medications directly into patients' bloodstreams has a defect that can lead to increased risk of infection and sepsis.

  • December 06, 2024

    Evenflo Nears Settlement In Booster Seat MDL

    Baby product maker Evenflo said Friday that it has reached an agreement in principle to settle multidistrict litigation alleging it made deceptive statements about the safety of its Big Kid booster seats.

  • December 06, 2024

    Philips Medical Monitoring Deal, $4.8M Fees Get Final OK

    A Pennsylvania federal judge on Thursday gave the final OK on a $25 million settlement in medical monitoring claims in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and American subsidiaries.

  • December 06, 2024

    Cancer Claimant Amici Slam Bestwall's Two-Step Ch. 11

    Georgia-Pacific unit Bestwall's bid to handle asbestos liability using a controversial "Texas Two-Step" Chapter 11 case is "grotesquely inequitable" and "plainly at odds" with the tenets of bankruptcy, a group of injury claimants in separate insolvency proceedings said in a brief urging the Fourth Circuit to toss the case.

  • December 06, 2024

    Fla. Jury Awards $310M To Family Of Teen Killed On Park Ride

    A Florida state court jury awarded $310 million to the parents of a teenager who died riding on the Orlando Freefall attraction at ICON Park two years ago after ruling against the ride's manufacturer, according to counsel representing the family.

  • December 05, 2024

    Dunkin' Fruit-Named Drinks Have No Fruit, False Ad Suit Says

    Dunkin' falsely markets its "Refresher" line of caffeinated beverages with names of specific fruits despite not containing any of the fruits, cheating consumers out of the "premium" fruit ingredients and their health benefits, alleges a new proposed false advertising class action filed Wednesday in New York federal court.

  • December 05, 2024

    Frontier Pays $3.5M To End Calif. AG's Illegal Dumping Probe

    The California subsidiary of telecom company Frontier Communications will pay $3.5 million to end an investigation into the improper disposal of batteries, aerosol cans and other hazardous waste at warehouses and field service facilities dating back to 2008, the Golden State's attorney general announced Thursday.

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 05, 2024

    Abbott Accused Of 'Last-Ditch Effort' To Halt Formula Suit

    Investors accusing Abbott Laboratories leaders of concealing known safety issues related to recalled infant formula urged an Illinois federal judge to reject the company's bid to stay the case because it belatedly formed a special litigation committee to investigate the allegations two years into the litigation.

  • December 05, 2024

    Tesla Can't 'Pretend' Dismissal Was Stay Order, 9th Circ. Says

    A Ninth Circuit panel on Thursday doubted Tesla's arguments that a California federal court had jurisdictional authority to enforce its arbitration win against an ex-Tesla engineer's defamation claims, with one judge noting that Tesla asked to dismiss the engineer's case and it can't now "pretend" the dismissal was a stay order.

  • December 05, 2024

    FDA Warns 115 Retailers Over Unauthorized E-Cigarettes

    The U.S. Food and Drug Administration has issued warning letters to 115 retailers across the country for selling unauthorized e-cigarettes that appeal to youths, the agency said Thursday.

  • December 05, 2024

    Feds Invest $849M For Water Infrastructure Improvements

    An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.

  • December 05, 2024

    Hinckley Allen Opens New Ill. Office To Tackle Asbestos Work

    Hinckley Allen has debuted an office with an 11-member team to service the southern Illinois and St. Louis metropolitan areas, hiring three partners specializing in complex product liability and toxic tort matters as it seeks to plant its flag in a "critical jurisdiction" for those kinds of cases.

  • December 05, 2024

    DEI Provision Dooms Boeing's 737 Max Plea Deal

    A Texas federal judge on Thursday rejected Boeing's plea agreement in its 737 Max criminal conspiracy case, finding flaws in how the U.S. Department of Justice intended to use race and diversity to select an independent compliance monitor to oversee Boeing, and how the court was cut out of that process.

  • December 05, 2024

    Helicopter Co. Says It Is Not Holding Up Fatal Crash Suit

    The aircraft company facing claims from the families of six Canadian Air Force members who died in a 2020 helicopter crash near Greece pushed back on a claim its bid to transfer the suit to Connecticut is forum-shopping, arguing it should be allowed to defend itself in the state where it is based.

  • December 04, 2024

    Meta Genocide Defense Spurs 'Yeah Right' From 9th Circ.

    Ninth Circuit judges doubted Wednesday whether women fleeing genocide of the Rohingya people in Myanmar could have realistically investigated Facebook's role in spreading disinformation and called a lawyer, with one judge calling the defense argument "silly" and another judge responding, "yeah right."

  • December 04, 2024

    Quaker Beats 'Simply Granola' False Ad Suit, For Now

    An Illinois federal judge has freed the Quaker Oats Company from a putative class action alleging it deceived consumers into believing its "Simply Granola" product contained only oats, honey, raisins and almonds, saying no reasonable consumer would conclude those were the only ingredients based on the products' label.

  • December 04, 2024

    No Coverage For P&G Environmental Claims, Insurers Say

    A group of Hartford units told an Ohio federal court Wednesday they owe no coverage to Procter & Gamble Co. for three underlying lawsuits accusing the company of contaminating groundwater in New York, and for a separate warehouse fire in Michigan that caused the U.S. Environmental Protection Agency to intervene.

  • December 04, 2024

    9th Circ. Mulls Waiting To Weigh In On Amazon Suicide Suit

    A Ninth Circuit panel Wednesday appeared open to waiting for the Washington Supreme Court to clarify the state's duty-to-warn statute before deciding whether to revive allegations Amazon.com negligently sold chemicals used in suicides while one judge observed that Amazon created an algorithm that recommended lethal product-mixes, "so it's intentional."

  • December 04, 2024

    Boeing, Spirit Say Flyers Can't Forum-Shop 737 Blowout Suit

    Boeing, Spirit AeroSystems and Alaska Airlines have blasted an attempt by passengers to redo their suit over January's 737 Max 9 door plug blowout, saying the plaintiffs are improperly forum-shopping when their case is set for a consolidated bench trial in Washington federal court.

  • December 04, 2024

    Columbia Univ., Publisher Face Suit Over Reading Program

    Columbia University Teachers College and the creators and publishers of two widely used reading instructional programs have ignored concerns about their effectiveness for years, leaving many children functionally illiterate, a proposed class action filed Wednesday in Massachusetts state court alleges.

  • December 04, 2024

    Consumers Agree To Throw Out Diaper Genie False Ad Case

    A group of consumers who claimed Diaper Genie ads falsely advertised that the products' refill packs contained a year's worth of diapers have dropped their proposed class action in a joint motion filed with brand owners Angelcare and Playtex.

  • December 04, 2024

    FTC Slams IntelliVision's Facial Recognition Bias Claims

    The Federal Trade Commission has ordered artificial intelligence facial recognition software maker IntelliVision Technologies to stop misrepresenting that its software was free of racial and gender bias.

  • December 04, 2024

    Ethylene Oxide Suits Sent Back To Ill. State Court

    An Illinois federal judge said Tuesday that lawsuits accusing several companies of polluting the air with ethylene oxide were improperly removed to federal court, despite a state judge's statement that two defendants reaching settlements was cause for removal.

  • December 04, 2024

    DuPont Asks Court For Pause In $1 Billion Pollution Suit

    Chemours and E.I. du Pont de Nemours urged a New Jersey state court to pause a small town's billion-dollar lawsuit over pollution from the former DuPont Chambers Works facility in order to appeal a recent ruling, arguing clarity from the Appellate Division is necessary.

Expert Analysis

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    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.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    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.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    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.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    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.

  • Class Actions At The Circuit Courts: August Lessons

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    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.

  • Planning Law Firm Content Calendars: What, When, Where

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    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.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    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.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    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.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    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.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    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.

  • How Justices Upended The Administrative Procedure Act

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    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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