Product Liability

  • October 10, 2024

    Faulty New Balance Shoes Killed Olympian's Career, Suit Says

    An athlete, who previously competed in two Summer Olympics, claims she missed this year's Paris Games after suffering a "career-ending injury" due to defective running shoes provided by her sponsor, New Balance, according to a lawsuit filed in Rhode Island federal court.

  • October 10, 2024

    Norfolk Southern Says Tank Car Cos. Should Help Pay $600M Deal

    Norfolk Southern and tank car companies sparred in Ohio federal court over key questions of liability related to the February 2023 East Palestine derailment and toxic chemical spill, as the rail giant seeks to offload at least some damages, including a recent $600 million settlement to affected residents and businesses.

  • October 10, 2024

    3M Can't Put Pause On Connecticut Firefighters' PFAS Suit

    A Connecticut federal judge on Thursday declined to let 3M Co. and other companies put a stay on a proposed class action by firefighters alleging their turnout gear contains so-called forever chemicals while the Judicial Panel on Multidistrict Litigation decides whether to roll it into a South Carolina MDL.

  • October 10, 2024

    3M, Other Cos. Hit With PFAS Contamination Class Action

    Nantucket, Massachusetts, residents seek to hold the 3M Co., The Chemours Co. and other companies liable for perfluoroalkyl and polyfluoroalkyl substances that allegedly contaminated their properties, their drinking water and the residents themselves.

  • October 10, 2024

    Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd

    A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastrointestinal illness.

  • October 10, 2024

    Fisher-Price Recalls Infant Swings After Five Deaths

    The U.S. Consumer Product Safety Commission and Fisher-Price on Thursday announced a recall of a type of infant swing, after there have been reports of five deaths when the products have been used for sleep.

  • October 10, 2024

    Monsanto Hit With $78M Verdict In Philly's 6th Roundup Trial

    Bayer AG unit Monsanto was hit with a $78 million verdict on Thursday by a Philadelphia jury in the sixth trial in the city's Roundup weedkiller mass tort.

  • October 09, 2024

    Uber Can't Claw Back Safety Update Doc In Sex Assault MDL

    A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.

  • October 09, 2024

    Wash. Justices To Weigh $185M PCB Case Against Monsanto

    The Washington State Supreme Court will consider school teachers' bid to reinstate a $185 million jury verdict against Monsanto in a chemical poisoning tort, marking the first in a series of cases tied to the same school to make it all the way to the state's high court.

  • October 09, 2024

    Atlanta Braves Pitch Dismissal Or Transfer Of Defamation Suit

    The Atlanta Braves urged a Texas federal judge to dismiss or transfer a defamation lawsuit filed by an auction house alleging the team purposely maligned its image by leaking false claims to the media that the auctioneer was selling memorabilia to which it had no rights.

  • October 09, 2024

    9th Circ. Doubts 'Weak' Jeep Transmission Defect Suit

    A Ninth Circuit panel appeared skeptical Wednesday about reviving a putative class action over alleged defects in the automatic transmission systems of some Jeep and Dodge car models, with one appellate judge saying the plaintiff has "a weak case." 

  • October 09, 2024

    Louisiana Judge Reopens EPA's Enforcement Against Denka

    A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.

  • October 09, 2024

    Philips Preserves Lanham Act Counterclaim In CPAP Cleaner MDL

    A Pennsylvania federal judge has trimmed some counterclaims by Koninklijke Philips NV and its American affiliates against SoClean Inc., whose cleaning products they say are responsible for damage to Philips' CPAP machines.

  • October 09, 2024

    EPA Will Clean Up 7 Abandoned Mines On Navajo Land

    The U.S. Environmental Protection Agency said it has committed to cleaning up seven abandoned uranium mine sites via projects aimed at addressing more than 1 million cubic yards of contaminated soil and restoring approximately 260 acres of Navajo Nation land.

  • October 09, 2024

    Companies' Kratom Supplements Are Addictive, Class Says

    A proposed class of buyers is suing Thang Botanicals Inc. and FTLS Holdings in California federal court, alleging that they failed to disclose that their kratom-derived 7ΩHMZ products are as addictive as opioids, if not more.

  • October 09, 2024

    DLA Piper Adds Former Faegre Drinker Litigator In Philly

    DLA Piper has expanded its litigation services in the Philadelphia office this week by adding an attorney with more than 30 years of courtroom experience.

  • October 09, 2024

    GSK Settles Nearly All State Zantac Cases For Up To $2.2B

    GSK said Wednesday that it will pay up to $2.2 billion to settle roughly 80,000 state court cases claiming Zantac heartburn medication or the generic ranitidine caused them to develop cancer.

  • October 09, 2024

    47 Members Of Congress Urge EPA To Ban Paraquat

    Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."

  • October 08, 2024

    NY Discharge Law Usurps Feds, Nuclear Plant Owner Says

    The owner of the shuttered Indian Point nuclear power plant on Monday urged a federal judge to invalidate a New York state law banning discharges of radioactive material into the Hudson River, saying it's clearly preempted by federal nuclear safety authority and violates the Constitution's supremacy clause.

  • October 08, 2024

    Kimberly-Clark Says Plaintiff Can't Link Tampon To Lead Test

    Kimberly-Clark moved Monday to toss a California woman's proposed class action accusing the personal care goods multinational of concealing unsafe lead levels in a line of its U by Kotex tampons, saying the consumer did not even say she used the tampons.

  • October 08, 2024

    Adobe Slams FTC, DOJ For 'Rewrite' Of Subscription Law

    Adobe Inc. blasted a federal government lawsuit over its annual subscription plan and early termination fees on Monday, saying the Federal Trade Commission and U.S. Department of Justice are improperly attempting to "rewrite existing law" with the case.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    Justices Cast Favorable Eye On ATF's Ghost Gun Rule

    The U.S. Supreme Court on Tuesday appeared to side with the federal government's position that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule regulating so-called ghost gun kits was wrongly invalidated by a lower appeals court, with several justices responding favorably to the feds' arguments.

  • October 08, 2024

    DOJ Sues LA Fitness Over Nationwide Accessibility Issues

    The U.S. Department of Justice sued gym chain LA Fitness on Tuesday, alleging that it mistreated patrons with disabilities at its nearly 700 locations across the country, including by failing to fix broken pool lift equipment and charging caretakers additional fees.

  • October 08, 2024

    CooperSurgical Fails To Escape Embryo Solution Recall Suits

    A California state judge on Tuesday declined to dismiss four lawsuits filed against CooperSurgical Inc. by individuals or couples who allege the company failed to recall a toxic solution before it destroyed their developing embryos, trimming a few claims but otherwise keeping the suits intact. 

Expert Analysis

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • New TSCA Risk Rule Gives EPA Broad Discretion On Science

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    The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • And Now A Word From The Panel: Watch The MDL Calendar

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    One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

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    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Car Apps, Abuse Survivor Safety And The FCC: Key Questions

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    A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.

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