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Product Liability
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July 24, 2024
EV Co. Scores Initial OK On $13M Deal To End Investor Suits
A Colorado federal judge has granted preliminary approval to a $13.3 million settlement resolving shareholder lawsuits against commercial electric-vehicle company Lightning eMotors, whose executives and directors had been accused of touting unrealistic growth projections in the lead-up to a 2021 merger.
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July 24, 2024
Liberty Mutual Gets $2.4M Oil Contamination Row Trimmed
A New York federal judge trimmed a $2.4 million coverage dispute between Liberty Mutual and an oil and gas trader over losses related to a contaminated oil shipment, finding that although the trader met its burden to make a case for recovery, certain contaminated product was excluded from coverage.
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July 24, 2024
Home Depot Truck Rental Keeps Win In Ramp Injury Suit
A New Jersey appeals court won't upend a midtrial win for Tool & Truck Rental at the Home Depot in a suit from a man who alleges he was injured because of a faulty ramp.
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July 24, 2024
Peanut Allergy Death Suit Returns To Conn. State Court
Settling accusations of procedural "gamesmanship," a federal judge has approved an agreement to return to Connecticut state court a lawsuit against the Stew Leonard's grocery store chain by the estate of an Ailey School-trained ballet dancer who allegedly died from eating mislabeled peanut-laden cookies manufactured by another company.
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July 24, 2024
Insurers Get Hyundai, Kia Engine Claim Suits Remanded
A California federal court has remanded to state court four suits by insurers claiming that Hyundai and Kia are on the hook for 829 engine failure and engine fire claims totaling over $7.7 million in damages, saying the automakers' snap removals violated the forum defendant rule.
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July 24, 2024
EPA Moving Toward New Regulations For 5 Chemicals
The U.S. Environmental Protection Agency on Wednesday kicked off the process to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, last year.
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July 23, 2024
Knives Out For Another Pro-Agency Landmark After Chevron
Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.
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July 23, 2024
Meet The Lead Ozempic Lawyers
The recently deceased U.S. District Judge Gene E.K. Pratter this past spring appointed plaintiff leadership in litigation over Ozempic and similar drugs over allegations that the medications cause gastrointestinal issues. Here's who's who in the list of plaintiffs' leaders.
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July 23, 2024
Cannabis Industry Stakeholders Weigh In On Rescheduling
As the period for public comment on the Biden administration's proposal to reclassify marijuana came to a close Monday, anti-legalization activists, marijuana industry advocates and state cannabis regulators each submitted their thoughts on the potential policy shift.
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July 23, 2024
X's Tesla Ties Could Require Judge's Recusal, Watchdog Says
Elon Musk's X Corp. wants to avoid disclosing its financial links with Tesla in the social media company's defamation lawsuit against Media Matters for America because the Texas federal judge overseeing the case likely holds Tesla stock and would need to recuse himself, the progressive media watchdog said.
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July 23, 2024
EPA Must Ban PFAS In Pesticides, Environmental Groups Say
Farmer advocacy groups and environmentalists urged the U.S. Environmental Protection Agency to flex its regulatory muscles and prohibit the use of pesticide formulas and containers made with so-called forever chemicals, according to a petition that says the agency is doing little to address the issue.
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July 23, 2024
Aviation Co. Sheds Claims In Conn. Cessna Crash Suit
A Connecticut state court judge has struck numerous product liability claims against two individuals and Interstate Aviation Inc., a Plainville company that employed the pilots of a Cessna that crashed into a factory in 2021, but kept alive the same allegations against the Florida company that owned the plane and arranged the flight.
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July 23, 2024
Laser Sights Not 'Arms,' Judge Rules, Backing Chicago Ban
An Illinois federal judge Monday upheld the constitutionality of Chicago's laser sight ban and refused to entertain a resident's "eleventh-hour request" to pursue nominal damages, ending the 14-year-old case.
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July 23, 2024
EPA Tells 5th Circ. Louisiana Can't Stall Chemical Regulation
The U.S. Environmental Protection Agency says the Fifth Circuit cannot decide whether a Louisiana regulator can give a neoprene maker an extra two years to comply with a federal chemical rule because the issue is already before the D.C. Circuit.
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July 23, 2024
Yamaha Sinks Defective WaveRunner Watercraft Suit
An Illinois federal judge on Tuesday threw out a proposed class action alleging Yamaha Motor Corp. USA sold WaveRunner-brand personal watercraft with defective fuel gauges and trip computers, saying the complaint fails to properly allege a breach of warranty or fraud.
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July 23, 2024
Mercedes-Benz Wants Defective Wheel Suit Tossed
Mercedes-Benz USA LLC is asking a Georgia federal judge to scrap a proposed class action over an allegedly defective wheel configuration on S580 sedans, arguing that a Nevada man's two punctured tires on a cross-country road trip aren't enough to support his claims.
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July 23, 2024
House Panel Weighs New Rail Safety Regs After East Palestine
The fiery Norfolk Southern derailment in East Palestine, Ohio, last year has created new urgency for strengthening federal standards for tank car designs, rail safety technology, track inspection protocols and classifying hazardous materials-carrying trains, industry experts told a House subcommittee Tuesday.
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July 23, 2024
4th Circ. Says Bad Jury Instructions Gave J&J Win In Mesh Suit
The Fourth Circuit has vacated a judgment in Ethicon Inc. and Johnson & Johnson's favor in a suit from a woman alleging Ethicon's pelvic mesh was defective, saying a federal judge was wrong to limit her expert's opinion based on the so-called elimination mandate.
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July 23, 2024
Tesla Crash Victim's Parents Urge Fla. Top Court To Allow Depos
The father of a Florida teenager killed in a Tesla Model S crash in 2018 has urged the state's high court to review a lower court's orders quashing depositions of company CEO Elon Musk and another executive, saying the orders directly conflict with Florida case law.
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July 23, 2024
Fiat Chrysler Escapes Damages, But Defect Finding Stands
Fiat Chrysler doesn't owe anything to consumers who sued it over allegedly faulty automatic head restraints in its vehicles, a Florida federal judge ruled, affirming a Fort Lauderdale jury's determination, but he declined to give the automaker a total win because it did violate the state's unfair trade law.
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July 23, 2024
Split 2nd Circ. Keeps Zantac Suits In Conn. State Court
A split Second Circuit panel on Tuesday allowed nine consolidated suits over carcinogens in heartburn medication Zantac to remain in Connecticut state court, with the majority ruling that the cases' consolidation is not enough to open up federal jurisdiction.
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July 23, 2024
General Mills Settles 2012 Suit Over 'All Natural' Kix Cereal
Consumers have reached a settlement with General Mills Inc. to resolve a 2012 suit alleging it lied about Kix cereal being "all natural" even though it contains bioengineered ingredients, according to a New Jersey federal court order.
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July 23, 2024
Funds Say Boeing Can't Ditch 737 Max Securities Suit
Pension funds leading a proposed securities fraud suit against Boeing have fired back at the airline manufacturer's attempt to dismiss allegations that it misled investors about the safety of its 737 Max jets, saying the suit sufficiently showcases how missteps by Boeing's top brass diminished shareholder value.
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July 23, 2024
LA Sued Over Illegal Pollutant Discharges In San Pedro Bay
The city of Los Angeles was hit with a Clean Water Act suit in California federal court Tuesday by a nonprofit accusing it of regularly violating its wastewater discharge permit by exceeding limits on dangerous pollutants dispelled into the San Pedro Bay, threatening aquatic life and public health.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
Expert Analysis
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.