Product Liability

  • October 18, 2024

    Grocery Co. Sued Over 'Naturally Flavored' Cereal Bars Label

    North Carolina-based supermarket chain Harris Teeter was hit with a proposed class action alleging its fruit-flavored cereal bars aren't "naturally flavored" like the packaging claims, but instead contain a flavoring that is derived from a petroleum substrate.

  • October 18, 2024

    Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit

    3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.

  • October 18, 2024

    Mich. Supreme Court Spurns Challenge To UMich Gun Ban

    The Michigan Supreme Court declined Friday to review the constitutionality of the University of Michigan's campus firearms ban, leaving in place a lower court's ruling that the policy does not violate the Second Amendment.

  • October 18, 2024

    FTC Probing John Deere Over Right-To-Repair Policies

    The Federal Trade Commission is investigating concerns that John Deere unlawfully restricts the repair of its farm equipment, as the company continues to face private litigation over its right-to-repair policies.

  • October 18, 2024

    Class Sues Fisher-Price Over Swing Linked To 5 Deaths

    A proposed class of parents is suing Fisher-Price Inc. and its parent company Mattel Inc. over an infant swing recalled last week after five infants died while using it to sleep, alleging that the recall is inadequate and that the company failed to disclose the risks.

  • October 18, 2024

    Hemp Industry Group Sues Louisiana Officials Over New Law

    Louisiana hemp interests on Friday filed a federal lawsuit against the governor and attorney general challenging a new state law meant to rein in intoxicating hemp products, alleging the new policy runs afoul of the federal law that legalized hemp nationally.

  • October 18, 2024

    Philly Atty Suspended After Guilty Plea In Pill Mill Scheme

    A Philadelphia attorney who pled guilty to filling fraudulent opioid prescriptions in his side job as a part-time pharmacist had his law license suspended for a year and a day, the Supreme Court of Pennsylvania announced.

  • October 18, 2024

    Tesla Car's Pedestrian Crash Opens NHTSA Death Probe

    The National Highway Traffic Safety Administration on Friday said that it is investigating Tesla's self-driving systems after several accidents, including one that struck and killed a pedestrian.

  • October 17, 2024

    Apple's $20M Watch Defect Deal Lacks Info, Judge Says

    A California federal judge has declined to preliminarily approve Apple's $20 million deal to resolve a proposed class action alleging certain Apple Watches have a battery defect that can cause serious injuries, ordering counsel to submit additional information, including details on the lawsuit's maximum value if consumers win at trial.

  • October 17, 2024

    Monsanto Again Seeks Pause As Seattle PCB Trial Begins

    Monsanto is continuing its appellate bid to put off a chemical poisoning trial already underway in Washington state court as the plaintiffs told a Seattle jury on Thursday the company owes them more than $450 million, in the 10th such trial tied to an Evergreen State school.

  • October 17, 2024

    E-Cig Regs Are Congress' Job, Not FDA's, GOP Pols Tell Justices

    Republican lawmakers told the U.S. Supreme Court that Congress, not the U.S. Food and Drug Administration, should regulate flavored e-cigarettes, and that the regulator overstepped its authority by banning the sale of the vape products.

  • October 17, 2024

    Chevron, Syngenta Want 600 'Baseless' Paraquat Cases Nixed

    Chevron and Syngenta urged an Illinois federal judge on Wednesday to begin the dismissal process for almost 600 paraquat plaintiffs the companies say have flouted a court order to document their alleged exposure to the pesticide.

  • October 17, 2024

    FCA Blames Supplier For Defective Parts Leading To Recalls

    FCA US LLC is suing one of its parts suppliers in Michigan federal court, alleging that it sold the automaker air heater grid relays for its Ram pickup trucks with a defect that can cause fires even when the vehicles are turned off and caused multiple recalls.

  • October 17, 2024

    EPA Settles With Car, Parts Cos. Over Clean Air Act Violations

    The U.S. Environmental Protection Agency announced that it has finalized settlements with Shyft Group Inc. and Double R Diesel to resolve enforcement actions alleging they violated the Clean Air Act, with Shyft agreeing to pay a $2 million penalty.

  • October 16, 2024

    Philips Says $12M Sanction Needed For Evidence Destruction

    A spoliation sanctions hearing for around $12 million in royalty damages turned terse when the owner of a medical device equipment sale and servicing company seemingly hedged his statements, with a Texas federal judge saying, "Oh my gosh, just answer the question," during the Wednesday hearing.

  • October 16, 2024

    SD Power Co. Agrees To Stormwater Protections At Facilities

    A California federal judge has signed off on a consent decree between two conservation groups and the San Diego Gas & Electric Co. to close out a lawsuit over the utility's management of chemically treated wood waste.

  • October 16, 2024

    2nd Circ. Scrutinizes Conn. Restrictions On AR-15s

    A Second Circuit panel put the phrase "dangerous and unusual" under a microscope Wednesday as three judges considered dual challenges to Connecticut's post-Sandy Hook bans on assault rifles and large-capacity magazines, working to parse out whether the state's restrictions are allowed under U.S. Supreme Court precedent.

  • October 16, 2024

    Monsanto's Appellate Bid To Stop Seattle PCB Trial Flops

    A Washington appellate commissioner won't overrule a lower court's decision to forge ahead with a pending Monsanto PCB poisoning trial, rejecting the company's request to pause until the state Supreme Court decides a similar case, concluding that she would be improperly "substituting" her judgment for the trial court's by pausing the case.

  • October 16, 2024

    Hawaii Utility Beats Investor Suit Over Wildfire, For Now

    A California judge on Tuesday dismissed a shareholder suit filed against Hawaiian Electric Industries Inc. in the wake of a deadly fire on Maui in 2023, but will allow plaintiffs to amend their claims that the company failed to warn investors about its inadequate risk mitigation program.

  • October 16, 2024

    Inspector Says It's Not To Blame For $3.4M Yacht Damage

    A company that inspected a boat hoist that failed during the launch of a yacht said it wants out of a $3.4 million dispute between Lloyd's syndicates and underwriters and a Seattle boat builder, telling a federal court that its actions did not cause the damage to the vessel.

  • October 16, 2024

    Bottling Co. Worker's Injury Suit Sent To Pa. State Court

    A Pennsylvania federal judge has remanded a Niagara Bottling LLC worker's suit over an industrial accident to state court, adopting a magistrate judge's report finding that a newly added defendant removes diversity among the parties.

  • October 16, 2024

    DC Circ. Urged To Let Feds Fix Pipeline Safety Rules

    A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.

  • October 16, 2024

    Georgia EV Battery Manufacturer Settles Fire Suit

    A Georgia electric vehicle battery manufacturer has reached a settlement ending a recycling facility's suit alleging it caught fire and burned to the ground last year after the manufacturer allegedly sent hundreds of charged lithium-ion battery scraps to the facility.

  • October 16, 2024

    Kia Drivers Say Automatic Van Doors Have Dangerous Defect

    A proposed class of drivers is suing Kia Corp. and Kia America Inc. in Maryland federal court, alleging Kia sold minivans with automatic sliding doors that don't stop or reverse when blocked like they are supposed to.

  • October 15, 2024

    Boeing Judge Wants DEI Monitor Pick Info Before Plea Ruling

    The Texas federal judge overseeing prosecutors' criminal case against The Boeing Co. on Tuesday said he needs more information on a provision of the proposed plea deal regarding how the U.S. Department of Justice would select an independent monitor in compliance with the agency's diversity and inclusion policies.

Expert Analysis

  • California Adds A Novel Twist To State Suits Against Big Oil

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    California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Series

    After Chevron: Environmental Law May Face Hurdles

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    The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 2 Options For Sackler Family After High Court Purdue Ruling

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    After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Revisiting Scalia's 'What's It To You?' After Kaiser Ruling

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    While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Calif. Ruling Heightens Medical Product Maker Liability

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    The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage

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    The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

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