Product Liability

  • January 24, 2025

    FDA's Premium Cigar Regulations Overturned By DC Circ.

    A D.C. Circuit panel ruled on Friday that the Food and Drug Administration acted arbitrarily when subjecting premium, hand-rolled cigars to the same regulations as other tobacco products, saying the agency was wrong to overlook two studies about infrequent premium cigar use.

  • January 24, 2025

    Philip Morris Settles Tobacco Liability Trial After Openings

    Philip Morris and a supermarket chain have reached a settlement with the family of a Massachusetts woman who died of lung cancer in 2022 after decades of smoking the company's Marlboro cigarettes, ending the case a day after trial began.

  • January 23, 2025

    Fitbit To Pay $12M Fine For Ionic Smartwatch Burns

    Fitbit has agreed to pay a $12.25 million fine to resolve the U.S. Consumer Product Safety Commission's allegations it failed to immediately report that its Ionic smartwatches were overheating and leaving some consumers with second- and third-degree burns, the consumer safety agency announced Thursday.

  • January 23, 2025

    Atty Hit With TCPA Class Action Over Camp Lejeune Calls

    A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.

  • January 23, 2025

    Marlboro Smoker Was Target Of Deception, Jury Hears

    Philip Morris targeted a Massachusetts preteen as a "replacement" customer for others who were dying of lung disease, a Springfield jury heard Thursday, though the company's lawyer said the woman had free will and knew enough to stop smoking.

  • January 23, 2025

    Conn. High Court Snapshot: Atty's Bonus, Burn Verdict

    In its next term starting Monday, the Connecticut Supreme Court will hear an appeal from an acupuncturist who doesn't want to share liability for a judgment paid to a burn victim, and consider whether to reverse a seven-figure verdict for a private equity management firm's founder, who claims other members improperly cut him out.

  • January 23, 2025

    Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels

    An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.

  • January 23, 2025

    NJ Town Loses Bid To Join NYC Congestion Pricing Suit

    A federal judge on Thursday rebuffed a bid from the mayor of Fort Lee, New Jersey, to be heard in the ongoing litigation surrounding this month's implementation of the congestion pricing toll program in Manhattan.

  • January 23, 2025

    Calif. Kids' Privacy Law Ignores 1st Amendment, Judge Says

    A California federal judge appeared open Thursday to preliminarily blocking for the second time a landmark California law requiring tech giants to bolster privacy protections for children, telling the state's counsel that nothing shows the Legislature "cared one whit about the Constitution," and "now you're trying to reverse engineer it."

  • January 23, 2025

    Suncor Says Enviro Groups' Suit Duplicates Gov't Enforcement

    Suncor USA Inc. told a Colorado federal judge that environmentalists suing it for allegedly violating emissions standards have improperly tied their claims to events that are already resolved or are being investigated by federal and state governments.

  • January 23, 2025

    Federal Agencies Must Order Full Return To Office By Friday

    Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.

  • January 23, 2025

    Meta Wants Mass. Justices To Intervene In AG's Suit

    Meta Platforms has urged Massachusetts' highest court to take up its challenge to a pending lawsuit brought by the state attorney general's office, which accused the social media company of intentionally designing Instagram to be addictive to children and teenagers.

  • January 23, 2025

    15 States Reach $7.4B Settlement With Sackler Family

    A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.

  • January 22, 2025

    J&J Seeks To Defeat $30M Punitive Bid After Conn. Talc Trial

    Johnson & Johnson has blasted a bid requesting that it pay $30 million in punitive damages on top of a $15 million jury award to a real estate developer who allegedly contracted mesothelioma from the company's talc, telling a Connecticut state court that, "at most," it should pay $5 million.

  • January 22, 2025

    Apple Sued Over Alleged PFAS In Smartwatch Wristbands

    Apple Inc. is at least the second smartwatch maker to be hit with a proposed class action lawsuit accusing it of knowingly using toxic forever chemicals in manufacturing the devices' wristbands, according to a complaint filed in California federal court.

  • January 22, 2025

    Boeing Rips Investors' Class Cert Bid In 737 Max Blowout Suit

    Boeing told a Virginia federal judge that pension funds cannot reverse-engineer sweeping securities fraud claims based on last year's Alaska Airlines midair blowout incident, saying their bid to certify a class of investors who were purportedly misled by Boeing's assurances of the 737 Max jets' safety must be rejected.

  • January 22, 2025

    Justices Urged To Affirm Texas Nuke Waste Site Ruling

    Several states, Texas politicians and landowner groups threw their support behind the Lone Star State's fight against a temporary nuclear waste storage facility, telling the U.S. Supreme Court the federal government doesn't have the power to authorize the site.

  • January 22, 2025

    Toy Co. Not Covered In Unpaid Judgment Suit, Judge Says

    A Berkshire Hathaway insurer has no duty to defend a toy company accused of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, a Minnesota federal court ruled, finding that abuse of process claims are not covered under the policy.

  • January 22, 2025

    Judge Won't Toss Bulk Of Chrysler Minivan MDL Claims

    A Michigan federal judge has declined to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, denying Chrysler's bid to toss fraud and other claims.

  • January 22, 2025

    'The Hills' Reality Stars Latest To Sue Over Palisades Fire

    "The Hills" reality TV show stars Spencer and Heidi Pratt are among the latest Palisades Fire victims to sue the Los Angeles Department of Water and Power alleging an empty local reservoir made it more difficult for first responders to put out the devastating blaze.

  • January 22, 2025

    8th Circ. Finds Monsanto PCB Case Can Stay In Federal Court

    The Eighth Circuit on Wednesday allowed General Electric Co. and others to keep in Missouri federal court a suit by Monsanto Co. seeking defense for suits against Monsanto over polychlorinated biphenyls, finding that the suit was removed to federal court on time.

  • January 22, 2025

    Benzene Suits Against Retailers Not Covered, Insurer Says

    An insurer doesn't have to cover claims that CVS, Walmart, Walgreens and others sold products linked to a carcinogen, benzene, because the customers making the underlying allegations sought only reimbursement for the products they bought, the carrier told a California state court.

  • January 22, 2025

    Wyden Urges National Standard For Hemp Regulation

    Sen. Ron Wyden, D-Ore., rallied on Wednesday for his bill that would beef up regulation of products with hemp-derived cannabinoids in order to protect consumers, particularly children.

  • January 22, 2025

    Army, SD Tribe Fight For Early Win In Dakota Access Row

    The Standing Rock Sioux Tribe and the U.S. Army Corp of Engineers are both asking for early wins in a challenge to shut down the Dakota Access Pipeline over alleged violations of federal environmental laws.

  • January 22, 2025

    Kirkland Adds 5 Skadden Attys As Firm Plans Philly Launch

    National law firm Kirkland & Ellis LLP has announced plans for a new Philadelphia office to be helmed by a civil litigator who is one of five attorneys moving their practices to the firm from Skadden Arps Slate Meagher & Flom LLP.

Expert Analysis

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • Unwrapping Retailer AI Risks Amid Holiday Shopping Season

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    While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Cos. Must Brace For New PFAS Regulations And Litigation

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    The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

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