Product Liability

  • April 10, 2025

    Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says

    California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.

  • April 10, 2025

    Monsanto Can't Nix PCB Expert From 11th Seattle School Trial

    A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.

  • April 10, 2025

    Vanda Sues FDA To Block Off-Label Use Drug Promo Regs

    A pharmaceutical company, a Texas physician and an often-jet lagged traveler sued the U.S. Food and Drug Administration in Texas federal court Wednesday seeking to block marketing restrictions on the off-label uses of FDA-approved drugs, arguing that long-standing rules and Biden-era guidance runs afoul of the First Amendment.

  • April 10, 2025

    Puerto Rico Judge Says Atty Plagiarized Climate Complaint

    Calling it a "cautionary tale for all members of the bar," a Puerto Rico federal judge has upbraided an attorney representing San Juan for plagiarizing the complaint and other briefs in the municipality's lawsuit alleging energy industrial giants misrepresented the climate dangers of fossil fuel products.

  • April 10, 2025

    Online Advertising Co. Is Sued Over Use Of Tracking Cookies

    Digital advertising firm PubMatic Inc. engaged in vast and unauthorized tracking of the online lives of "hundreds of millions of Americans," which it later shared and sold to third parties, violating state and federal privacy laws, according to a proposed class action filed in California federal court.

  • April 10, 2025

    Pa. Family Blames Fatal House Fire On Prosthetic Arm Battery

    The surviving family members of a house fire that killed two people are suing prosthesis manufacturers Liberating Technologies Inc. and Ossur Americas Inc. and related companies in Pennsylvania state court, claiming the battery in a prosthetic arm that was being charged during the night started the fire.

  • April 10, 2025

    Holmes Seeks Full 9th Circ. Review Of Theranos Fraud Appeal

    Convicted Theranos Inc. founder Elizabeth Holmes has asked the Ninth Circuit for en banc review of a panel's decision to affirm her criminal fraud conviction and 11-year prison sentence, saying problems with the opinion included a "time-warping relevance theory."

  • April 10, 2025

    Purdue Cleared To Start Ch. 11 Claims Processing Early

    A New York bankruptcy judge on Thursday approved Purdue Pharma's request to appoint claims administrators and begin processing the tens of thousands of claims against the drugmaker, reasoning that doing so ahead of plan confirmation would enable the debtor to make faster distributions to creditors.

  • April 09, 2025

    Device Co. Suggested 'Crazy Glue' To Fix Fatal Flaw, Suit Says

    A widow has hit the medical device manufacturing subsidiaries of Bracco SpA with a wrongful death lawsuit in Mississippi federal court, claiming among other things that subsidiary ACIST Medical Systems Inc. suggested fixing a defective product with "crazy glue" or "Sharpie" after it caused her husband's death.

  • April 09, 2025

    Texas Bill 'Penalizes' Sex Assault Victims, Atty Warns

    A bill floated by Texas state lawmakers that would cap certain damages in personal injury lawsuits would prove devastating to sexual assault victims as it "penalizes" those who try to move on with their lives, according to an attorney who specializes in such cases.

  • April 09, 2025

    Mich. Panel: Gilead Immune From Recalled COVID Drug Suit

    Gilead Sciences Inc. has escaped a lawsuit pinning a man's strokes on doses of an antiviral COVID-19 medication that were later recalled, with a Michigan state appeals court finding that the company is protected by a public health law's liability shield.

  • April 09, 2025

    Native Company Escapes Deodorant False Ad Claims

    A proposed class action accusing the trendy Native deodorant, a Procter & Gamble brand, of overhyping its spray quality was dismissed on Wednesday, with a New York federal judge saying reasonable consumers do not think the company's "72-hour odor protection" promise means they'll get three stink-free days.

  • April 09, 2025

    EPA Asks DC Circ. To Extend Time In PFAS Case

    The U.S. Environmental Protection Agency has asked the D.C. Circuit for a temporary suspension in a case brought by water utility associations and chemical industry players over new rules about limits on forever chemicals in the nation's drinking water, given the new administration.

  • April 09, 2025

    Buchalter Adds Gordon Rees Environmental Litigator In SoCal

    Buchalter PC is expanding its litigation team, bringing in a longtime Gordon Rees Scully Mansukhani LLP environmental expert as a shareholder in its San Diego office.

  • April 08, 2025

    'There Is No Duty To The World,' Hyundai Tells 9th Circ.

    Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."

  • April 08, 2025

    FCA Seeks Sanctions For Driver Who Got Rid Of His Vehicle

    Fiat Chrysler Automobiles says a proposed class action over allegedly defective door panels in older model Dodge Chargers and Chrysler 300s should be ended, partly because the alleged defect isn't covered by a warranty and additionally because one of the drivers got rid of his car before the automaker could inspect it.

  • April 08, 2025

    Expert And 'Worthlessness Theory' Ejected In Valsartan MDL

    Patients and insurers who claim they were ripped off when purchasing the contaminated blood pressure medication Valsartan won't be able to argue that the drug was worthless as a matter of law, a New Jersey federal judge overseeing the multidistrict litigation has ruled, casting doubt that the plaintiffs will secure a full refund for their purchase.

  • April 08, 2025

    Porsche Seeks Toss Of Taycan EV Defect Suit

    Porsche Cars NA Inc. has asked a federal court to dismiss nearly all claims brought against it in a proposed class action alleging the carmaker failed to disclose or adequately repair a defect in its Taycan electric vehicles for the model years 2020-2024.

  • April 08, 2025

    Volvo Battery Defect Risks Plug-In Hybrid Fires, Suit Says

    Certain Volvo plug-in hybrid vehicles risk catching fire due to the Swedish automaker's faulty design and manufacturing of battery modules, one consumer alleged in a proposed class action filed Tuesday in Pennsylvania federal court.

  • April 08, 2025

    Wash. Smoke Shop Settles Exploding Vape Battery Suit

    An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.

  • April 08, 2025

    3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court

    3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.

  • April 08, 2025

    Design Co. Denied Exit From Hurricane Subrogation Suit

    A design contractor facing a $4 million subrogation action over hurricane damage to commercial HVAC units at an Amazon sorting facility can't rely on notice requirements in Florida's construction defect law, Chapter 558, to argue the plaintiff insurers are statutorily barred from seeking reimbursement, a Florida federal court ruled.

  • April 08, 2025

    BMW Faces Class Action Over Water Pump Fire Risk

    A driver has hit BMW with a proposed class action in North Carolina federal court over the manufacturer's recall of roughly 721,000 cars containing faulty water pumps that could leak and cause a fire.

  • April 08, 2025

    Plastics Group Loses Challenge To Calif.'s Pollution Subpoena

    A D.C. federal judge won't stop the California attorney general from enforcing a subpoena on a plastics industry group as part of an investigation into global plastics pollution, finalizing an earlier determination that his court lacks jurisdiction.

  • April 07, 2025

    Sig Sauer Says Gun Optics Recall Prevented Harm

    Gunmaker Sig Sauer has asked a Pennsylvania federal judge to toss a proposed class action filed against it over a recall involving battery-powered firearm optics, claiming the plaintiff decided to initiate litigation despite not suffering any negative effects from it.

Expert Analysis

  • How Cos. Can Mitigate Increasing Microplastics Liability Risk

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    Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

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    If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

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