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Product Liability
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October 25, 2024
At Home Settles Suit Over 'Luxury' Sheets' Thread Count
Home decor chain At Home has escaped a proposed class action accusing it of exaggerating the thread count of its high-end sheet sets, after the lead plaintiffs withdrew their complaint in Illinois federal court.
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October 25, 2024
Dental Exec Flees Ahead Of Possible 7-Year Fraud Sentence
An arrest warrant was issued Friday for the former CEO of a dental device company who pled guilty to defrauding investors out of $10.7 million after he did not show up for his sentencing hearing, where Washington federal prosecutors were asking for seven years in prison.
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October 25, 2024
FDA Says Tattoo Ink Makers Should Keep It Clean
After receiving reports of tainted ink causing people to fall ill after getting tattoos, the U.S. Food and Drug Administration is telling pigment makers and distributors they "should" update their cleaning processes.
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October 24, 2024
Meta, TikTok Can't Ditch Schools' Social Media Addiction Suit
Meta Platforms and other social media giants must face most of the claims brought by school districts and local government entities alleging the companies designed their platforms to addict children, a California federal judge ruled Thursday.
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October 24, 2024
Bell Says Vendor Shouldn't Get $127M In Trade Secret Suit
Bell Helicopter Textron Inc. told a Texas jury that a third-party vendor took the aerospace company's tech and "slapped their name on it," saying during closing arguments Thursday that jurors should reject California-based digital avionics equipment supplier Rogerson Aircraft Corp.'s ask of $127 million.
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October 24, 2024
4th Circ. Backs Sanctioning Firm $1M For 'Defiance' Of Court
The Fourth Circuit on Thursday upheld a roughly $1 million sanction against the law firm of New York plaintiffs attorney Paul J. Napoli for its purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, saying the firm's misconduct was in "direct defiance" of a Maryland federal court's authority.
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October 24, 2024
Mich. AG Claims Express Scripts, Optum Fueled Opioid Crisis
The state of Michigan has taken aim at Express Scripts and OptumRx for their role in the opioid crisis in a complaint filed in state court Thursday, the latest state to claim the companies for years boosted sales of opioids by giving them favorable placement on drug lists in exchange for rebates.
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October 24, 2024
2nd Circ. Largely OKs Gun Control Law After High Court Order
The Second Circuit on Thursday stood by its previous decision that largely vacated an order enjoining several of New York's gun restrictions, saying a recent U.S. Supreme Court ruling the high court told it to consider on remand had "little direct bearing" on its prior conclusions.
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October 24, 2024
Walmart Sued Over Deceptively Marketed Avocado Oil
A Florida woman filed a proposed class action accusing Walmart Inc. of falsely advertising its avocado oil, deceiving consumers into thinking it was pure when it was actually cut with cheaper oils.
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October 24, 2024
McDonald's Customers File First Suits Over E. Coli Outbreak
A Colorado man and Nebraska woman have lodged the first lawsuits against McDonald's Corp. in the wake of the E. coli outbreak tied to its Quarter Pounder hamburgers, according to a pair of complaints filed in Illinois state court on Wednesday and Thursday.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
Berkshire Hathaway Unit's RV Recall Doesn't End Defect Suit
A Montana federal judge won't let a Berkshire Hathaway unit escape a suit alleging that its RVs had a dangerous wiring defect by pointing to a 2024 recall, saying the recall doesn't offer a complete remedy for the plaintiff's claims.
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October 24, 2024
Bayer Hit With False-Ad Suit Over Malic Acid In Vitamins
Bayer is falsely advertising its Flintstones sour gummy vitamins as being free of artificial flavors, a California woman alleged in a proposed class action filed Wednesday in state court, saying the multivitamin supplement meant for children actually gets its sour flavor from synthetic malic acid.
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October 24, 2024
Texas Says ATF 'Flouts' Its Function With Loophole Rule
A Texas-led group of states has asked an Amarillo federal judge for a pretrial win in its lawsuit challenging a Biden administration rule that would close what's known as the "gun show loophole," writing that the Bureau of Alcohol, Tobacco, Firearms and Explosives "flout[ed] its limited function" by attempting to rewrite federal gun laws.
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October 24, 2024
Fenway Food Safety Czar Fired For Flagging Rats, Suit Says
A former Aramark food safety manager said in a suit filed Thursday that he was fired because he raised concerns about unsanitary conditions at Fenway Park, a Boston music hall, and the spring training ballpark of the Boston Red Sox.
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October 24, 2024
TikTok Won't Get 3rd Circ. Rehearing Of Section 230 Ruling
The Third Circuit on Wednesday turned down TikTok's request for an en banc rehearing of a panel decision that the social media company's "For You Page" algorithm isn't entitled to immunity under Section 230 of the Communications Decency Act in a case over a 10-year-old's death.
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October 24, 2024
Lewis Brisbois Adds Partner To General Liability Practice
Lewis Brisbois Bisgaard & Smith LLP announced the growth of its Chicago office with the addition of a partner and insurance expert who brings more than two decades of trial and civil litigation experience.
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October 24, 2024
EPA Finalizes New Standards For Lead Paint Dust
The U.S. Environmental Protection Agency on Thursday said it's finalizing standards to better protect people from lead paint dust exposure, reducing the level considered hazardous and the levels that can remain after abatement work.
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October 23, 2024
Boeing Machinists Reject Labor Deal, Prolonging Strike
A majority of roughly 33,000 Boeing employees represented by the International Association of Machinists voted Wednesday to reject a new labor contract that included a 35% wage increase over four years, prolonging a nearly six-week strike that has hampered Boeing's production and cash flow.
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October 23, 2024
Pa. County Defends Climate Change Suit Against BP, Chevron
BP, Chevron, Exxon Mobil and other major oil companies can't argue that a federal environmental statute sinks a climate change lawsuit because the claims fall outside of the law's purview, a Pennsylvania county told a state court.
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October 23, 2024
Ingersoll-Rand Sued Over Pa. Worker's Leg Amputation
A man whose left leg was crushed when an industrial drill ran over it is suing the manufacturer in Pennsylvania federal court, claiming the company designed the drill defectively by excluding a number of safety features.
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October 23, 2024
Stop & Shop Parent Co. Sued Over Orange Soda Ingredient
The parent company of grocery stores Stop & Shop, Food Lion, Hannaford and others was hit with a proposed class action Tuesday in North Carolina federal court alleging that the company's orange soda contained an oil additive that allegedly can cause neurological damage.
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October 23, 2024
Late Smoker's Spouse Can Argue Survivor's Benefits At Retrial
The husband of a deceased smoker whose $157 million win against tobacco companies was erased can claim surviving spouse damages under Florida's Wrongful Death Act on retrial even though he was not married to his partner at the time he was diagnosed with lung disease, according to an opinion released Wednesday by a Florida appeals court.
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October 23, 2024
Religion Law Can't Save Sacred Worship Site, High Court Told
A law designed to protect religious freedom can't help an Apache nonprofit's bid to save a sacred worship site in Arizona from destruction, the federal government said, arguing that the tribe is asking the U.S. Supreme Court to nullify a congressional statute crafted to allow federal third-party land transfers.
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October 23, 2024
Pool Seller Gets Claims Trimmed In Child Drowning Suit
A Missouri federal judge has thrown out the bulk of a couple's claims against pool seller Bestway (USA) Inc. over the drowning death of their daughter, dismissing negligence and warranty claims while allowing strict liability claims to go forward.
Expert Analysis
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.