Product Liability

  • February 27, 2025

    Landlords Can't Duck Injury Claim From Dweller Not On Lease

    A Washington state appeals court said Thursday that landlords must face a claim from a pregnant woman who was injured from a fall down a flight of stairs, even though she had not signed the rental lease, in an opinion that said the lower court erred by tossing the case on the eve of trial without giving proper notice.

  • February 27, 2025

    $40M Deal OK'd For Suit Over Emergent Vax Flub

    A Maryland federal judge approved a $40 million settlement between Emergent BioSolutions Inc. and a class of investors claiming that it misled them about its ability to meet the demands of two high-profile contracts to produce components of COVID-19 vaccines, leading the stock price to tumble after production deficiencies were discovered.

  • February 27, 2025

    Lead Testing Co. Director To Admit False Statements

    A former quality assurance director for Magellan Diagnostics will plead guilty to making misleading statements to the government about a malfunction in a device that measures lead levels in blood, according to filings in Massachusetts federal court Thursday.

  • February 27, 2025

    Judge Limits Atty Expert Witnesses In Legal Malpractice Trial

    An Illinois federal judge on Wednesday barred attorneys who aren't expert witnesses from giving testimony about what they would have done differently from Quinn Johnston Henderson & Pretorius Chtd. in an upcoming trial on claims the firm's botched defense caused their client "enormous loss."

  • February 27, 2025

    Abbott Beats Ill. Customers' Similac Metals Suit

    Similac customers who say Abbott Laboratories illegally failed to warn the public about heavy metals in its infant formula cannot take those claims to trial because they haven't established damages, an Illinois federal judge said Wednesday.

  • February 27, 2025

    Georgia's Outside Funding Regulations Clear State Senate

    The Georgia State Senate unanimously advanced new regulations on third-party litigation funding Thursday as Gov. Brian Kemp's marquee tort reform package continues to march largely unimpeded through the state Legislature.

  • February 27, 2025

    Conn. Firm Windup Fight Belongs In Arbitration, Court Told

    Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.

  • February 26, 2025

    Mercedes-Benz Drivers Win Class Cert. In Fla. Airbag MDL

    A Florida federal judge overseeing the multidistrict litigation over defective Takata airbags granted certification to several single and multistate class of Mercedes-Benz drivers on Wednesday, finding common issues connect the cases and that they can be efficiently managed in a single trial.

  • February 26, 2025

    Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit

    Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.

  • February 26, 2025

    Walmart Injury Suit Wrongly Axed For Fraud, Panel Says

    A Florida state appeals court on Wednesday revived a suit seeking to hold Walmart liable for injuries suffered by a woman who allegedly ate contaminated chicken from the store, saying possible lies the woman told during a deposition didn't warrant dismissal.

  • February 26, 2025

    Driver's Suit Time-Barred Because Alleged Defect Too Obvious

    A supposed defect with a Mercedes-Benz 2016 compact sedan was so apparent that buyers should've been aware of the alleged issue at the time of purchase, a Georgia federal judge has ruled, ending a proposed class action because the driver filed suit too long after he bought the car.

  • February 26, 2025

    Enviro Group Says Chemours Is Dumping PFAS In Ohio River

    A nonprofit has asked a West Virginia federal court to stop Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River.

  • February 26, 2025

    Wash. Judge Says Officials Are Immune To Energy Code Suit

    A Seattle federal judge has thrown out a building industry coalition's renewed legal challenge to Washington regulations that discourage natural gas appliances in new construction, ruling the state officials named as defendants are protected because they aren't responsible for enforcing the rules.

  • February 26, 2025

    Supreme Court Backs Broad View Of Lawsuit Revival Rule

    Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.

  • February 25, 2025

    YouTube, TikTok Evade Deadly 'Challenge' Video Suit, For Now

    A California magistrate judge has dismissed, for now, parents' product liability proposed class action alleging YouTube's and TikTok's reporting features are defectively designed since they did not result in the removal of deadly "choking challenge" videos, finding the suit does not clearly identify the product in question or its alleged design defect.

  • February 25, 2025

    DC Judge Blocks Trump's Federal Funding Freeze

    A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."

  • February 25, 2025

    Sig Sauer Asks 6th Circ. For Second Shot At Expert Ruling

    The full Sixth Circuit should disqualify expert testimony that said gunmaker Sig Sauer Inc. failed to use existing safety features found in rival products when designing its model P320, the pistol at the center of many unintentional discharge lawsuits, according to the company's petition, which alternatively asked the judges to send it to Kentucky's top court.

  • February 25, 2025

    Cannabis Cos. Want THC Potency Suits Consolidated

    About two dozen cannabis companies, including multistate operators like Columbia Care and Acreage, have urged an Illinois federal judge to consolidate a series of "nearly identical" proposed class actions accusing them of mislabeling their products to get around state-mandated THC potency limits, saying "there is no question" the suits "involve the same questions of law and fact."

  • February 25, 2025

    Chicago Escapes Bulk Of Insurer's $26M Willis Tower Suit 

    An Illinois federal judge dismissed the majority of a dozen counts brought by Travelers against the city of Chicago and its water district seeking repayment for $26 million in flood damage to Willis Tower, leaving only common law negligence claims.

  • February 25, 2025

    Kroger Seeks More Sanctions For Prolific Consumer Atty

    Kroger is urging an Illinois federal judge to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, citing his "history of filing frivolous lawsuits across the nation" and a "troubling pattern of recklessness and abuse of the federal judiciary" for which he has been sanctioned three other times.

  • February 25, 2025

    Calif. Wins Remand Of Exxon Plastic Suit, Green Groups Lose

    California convinced a federal judge to remand to state court its lawsuit alleging Exxon Mobil Corp. is responsible for plastic waste and pollution due to deceptive public messaging about recycling, but environmentalists' similar suit will stay in federal court.

  • February 25, 2025

    Couple, Biotech Co. Jointly Drop Lost Embryos Suit

    A Charlotte couple and the biotechnology company they accused of making a defective oil used for the in vitro fertilization process came together to drop their dispute from North Carolina federal court, ending the prospective parents' wrongful death claims.

  • February 25, 2025

    Purdue Gets Time To Document New $7.4B Ch. 11 Settlement

    Counsel for bankrupt drugmaker Purdue Pharma received approval Tuesday for an extension of a mediation window during which litigation against nondebtors is paused after telling a New York judge that it has reached definitive terms on a new $7.4 billion settlement of opioid claims and needs time to finalize documentation surrounding the deal.

  • February 25, 2025

    Sidley Brings On Dentons Consumer Safety Pros In Calif.

    Sidley Austin LLP continues expanding its West Coast team, announcing it is adding a pair of Dentons consumer products safety litigators as partners in its San Diego and Los Angeles offices. 

  • February 25, 2025

    Wiley Adds Environment And Product Regulation Pro In DC

    Washington, D.C., firm Wiley Rein LLP has expanded its environmental offerings with the addition of a veteran attorney and policy pro.

Expert Analysis

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

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