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Product Liability
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October 22, 2024
NJ Justices Create Mass Tort Track For Bard Catheter Suits
The New Jersey Supreme Court has established a multicounty litigation track for cases seeking to hold C.R. Bard Inc., Bard Access Systems Inc. and Becton Dickinson and Co. liable for injuries allegedly caused by Bard implanted port catheter products, according to a notice to the bar.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
MVP: Keller Rohrback's Gretchen Freeman Cappio
Keller Rohrback LLP partner Gretchen Freeman Cappio helped consumers reach a $150 million deal over claims that Chevrolet Bolt cars made by General Motors LLC and LG units had battery defects that led to overheating and fires, earning her a spot as one of the Law360 2024 Product Liability MVPs.
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October 21, 2024
Eli Lilly Slams 'Dangerous' Knock-Off Weight Loss Drugs
Eli Lilly & Co. on Monday launched a trio of lawsuits in Indiana, Texas and Washington federal courts accusing three telehealth companies of peddling illicit knockoffs of its weight-loss medications that have not been approved by the U.S. Food and Drug Administration and that pose a danger to patients.
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October 21, 2024
John Deere's Tractor Brake Recall Is Also Defective, Suit Says
John Deere sold utility tractors with a brake defect that can cause them to crash, and the company's recent recall doesn't guarantee a permanent fix but rather appears to simply "replace defective systems with even more defective systems," according to a proposed class action in South Carolina federal court.
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October 21, 2024
Nissan Fights Uphill To Undo Cert. In Sunroof Defect Fight
Ninth Circuit judges on Monday doubted Nissan's bid to undo an order certification of a class of drivers who allege the Japanese carmaker sold vehicles with panoramic sunroofs that are prone to shattering, telling Nissan's counsel the appeal appears to challenge the claims' merits, and not whether they could be resolved classwide.
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October 21, 2024
FDA Tells Court Menthol Cigarette Ban Is Still Under Review
The U.S. Food and Drug Administration has said it's still evaluating whether to finalize a proposed ban on menthol cigarettes, urging a California federal court to throw out a lawsuit that's attempting a "judicial end-run" around the ongoing review.
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October 21, 2024
Truck Asbestos Claims Suit Must Be Arbitrated, Court Hears
A group of reinsurers is pressing a California federal court to order Truck Insurance Exchange to arbitrate its claim seeking coverage for millions of dollars' worth of asbestos bodily injury claims filed against Kaiser Cement & Gypsum, which was driven into bankruptcy in 2016.
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October 21, 2024
Court Kicks Cannabis Consumer Case Back To Conn. State
Smoke and vape wholesalers accused of illegally selling intoxicating hemp products have lost a bid to keep an unfair trade lawsuit brought against them by the Connecticut attorney general out of state court after a district court judge ruled it doesn't matter if the THC in the vapes was derived from federally legal hemp.
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October 21, 2024
Kroger Beats Class Cert. Bid In Pain Patch False Ad Suit
An Illinois federal judge on Monday denied class certification to consumers who sued Kroger over lidocaine patches they asserted could not stay on long enough to provide up to eight hours of relief as advertised, saying neither of two proposed class representatives purchased the allegedly misleading patches.
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October 21, 2024
GOP Pols Want Probe Into FDA Laboratory Safety
Three Republican lawmakers on Friday sought information from the U.S. Food and Drug Administration about its oversight of its laboratory safety practices, following a long investigation over an incident about vials of smallpox virus and other hazards found on a National Institutes of Health campus.
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October 21, 2024
Belgium Joins French Courts In Telegram CEO Criminal Probe
Belgian investigators have joined French law enforcement in the criminal investigation of Pavel Durov, the CEO of encrypted messaging-platform Telegram, who is charged in France with aiding illegal child pornography, fraud and other crimes, the Paris prosecutor's office announced.
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October 21, 2024
3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court
3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.
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October 21, 2024
Boeing Machinists To Vote On New Tentative Wage Deal
Approximately 33,000 Boeing employees represented by the International Association of Machinists and Aerospace Workers will vote Wednesday on a tentative new labor contract that includes a 35% wage increase over four years, potentially ending a more than monthlong strike that hampered Boeing's production and cash flow.
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October 21, 2024
MVP: Seeger Weiss' Chris Seeger
Founding partner Chris Seeger of Seeger Weiss LLP helped win favorable outcomes in three high-profile mass tort cases, including a $6 billion global settlement to end sprawling litigation over allegedly defective 3M combat earplugs, earning him a spot among the 2024 Law360 Product Liability MVPs.
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October 21, 2024
5th Circ. Says Doc's Roundup Cancer Suit Filed Too Late
The Fifth Circuit won't upend summary judgments in favor of Monsanto Co. in a suit by the family of a doctor who they say died because of his exposure to the weedkiller Roundup, finding that the suit was filed well outside the time limit.
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October 21, 2024
High Court Won't Revisit New-Deal Removal Ruling Yet
The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Carrier To Pay $615M Over Kidde-Fenwal Fire Foam Claims
Carrier Global Corp. revealed in a U.S. Securities and Exchange Commission filing Friday that it will pay at least $615 million as part of a settlement in connection to its ownership of bankrupt Kidde-Fenwal Inc., which faces multidistrict litigation arising from its manufacture of firefighting foam with deadly "forever chemicals."
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October 18, 2024
Meta Can't Ax Mass. AG Suit Over Hooking Kids On Instagram
A Massachusetts judge has refused to release Meta Platforms Inc. from the state attorney general's suit alleging the social media giant deployed design features aimed at addicting kids to Instagram, finding Meta wasn't immune from claims based on its own business conduct.
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October 18, 2024
Spirit AeroSystems Furloughs 700 As Boeing Strike Endures
Boeing Co. supplier Spirit AeroSystems Inc. said Friday that it will furlough 700 employees for three weeks to save costs as Boeing's production lines have ground to a halt amid a prolonged labor standoff with the International Association of Machinists and Aerospace Workers.
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October 18, 2024
Credit Suisse, PwC Fight Bondholders' Separate Merger Suits
Credit Suisse and PwC have urged a New York federal judge to toss a proposed class action alleging that they concealed the impact of quarterly losses and the bank's inability to retain client funds leading up to its takeover by UBS AG, saying the plaintiff launched the suit to circumvent its rejected bid to be lead plaintiff in a similar suit.
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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.
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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.
Expert Analysis
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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FDA Warning Letter Tightens Reins On 'Research Only' Labels
A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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AI In The Operating Room: Liability Issues For Device Makers
As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.
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3 Lessons From Family Dollar's Record $41.7M Guilty Plea
Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.