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Product Liability
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January 07, 2025
6th Circ. Declines To Send Publix Questions To Ga. High Court
The Sixth Circuit won't certify a set of questions about Georgia state nuisance law to the state's Supreme Court, after ruling that Publix Super Markets Inc. hasn't shown the appeals court needs to step in before a bellwether trial in the national opioid multidistrict litigation.
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January 07, 2025
NHTSA Opens Probe Into Tesla's Remote Driving Feature
The National Highway Traffic Safety Administration said Tuesday that it's investigating Tesla vehicles over features that allow users to remotely move their car using a phone app, after reports of collisions with posts and parked cars.
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January 07, 2025
Mattel Agrees To $16.9M Deal Ending Suit Over Unsafe Sleeper
Mattel Inc. has agreed to settle for $16.9 million a nearly five-year-old Delaware Court of Chancery stockholder derivative suit seeking damages for the company for director and top officer oversight failures purportedly linked to an unsafe "Rock 'n' Play Sleeper" tied to hundreds of infant deaths and injuries.
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January 07, 2025
Judge Looks To Finally Resolve Mass. 'Right To Repair' Suit
A long-stalled fight over Massachusetts' expanded "right to repair" law requiring open access to vehicle telematics software appears to be on a fast track after a new judge took over the case and said Tuesday she plans to rule in the near future.
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January 06, 2025
Trump Selects Long Island Judge For EDNY's Top Prosecutor
President-elect Donald Trump, who was born in Queens, has picked a Long Island state court judge to serve as the next U.S. attorney for the Eastern District of New York, according to an announcement made Monday on Truth Social.
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January 06, 2025
High Court Asked To Take Whistleblower Medical Device Row
A former Minerva Surgical Inc. sales representative who says he was mistreated after raising concerns about the safety of certain medical devices wants the U.S. Supreme Court to take up his challenge to an arbitration award given to his former employer in whistleblower proceedings.
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January 06, 2025
EPA Adds 9 PFAS To Its Toxics Release Inventory List
The U.S. Environmental Protection Agency added nine so-called forever chemicals to the list of chemicals covered by its Toxics Release Inventory, or TRI, thereby requiring facilities that manufacture such chemicals above set quantities to report the amount they release into the environment.
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January 06, 2025
Farm Owners, Rail Co. Spar Over Toxic Spill Trial Evidence
Mississippi landowners fired back at a Canadian National Railway unit's attempt to block a train derailment report containing its admissions of fault from an upcoming trial in Mississippi federal court, saying the company's claims that the report is incomplete "ring hollow."
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January 06, 2025
Boeing, DOJ Given More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. have until mid-February to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, a Texas federal judge ruled Saturday, ensuring that the incoming Trump administration will oversee final negotiations on any potential new deal.
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January 06, 2025
T-Mobile's Lax Policies Led To 2021 Data Hack, Wash. AG Says
Washington's attorney general on Monday accused T-Mobile of repeatedly ignoring cyber-threat warnings leading up to a 2021 data breach that exposed sensitive personal data belonging to more than 2 million customers in the state.
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January 06, 2025
FDA Issues Guidance On Lead Levels In Some Baby Foods
The U.S. Food and Drug Administration on Monday issued nonbinding guidance for the baby food industry on action levels for lead in processed food for babies and young children.
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January 06, 2025
Toolmaker's Batteries Are Fire-Prone, Class Claims
The company behind SKIL power tools has been hit with a proposed consumer fraud class action targeting a recently recalled lithium-ion battery an Illinois customer says can catch fire, hurting people and damaging their property.
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January 06, 2025
4 Firms Ask To Helm Hybrid Jeep Exploding Battery Class
Drivers claiming certain hybrid Jeep vehicles were sold with defective batteries that risk exploding or catching fire have asked a Michigan federal judge to appoint four law firms to steer the case as co-interim class counsel.
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January 06, 2025
Riddell Eyes Transfer Of Suit Over Allegedly Defective Helmet
Riddell Inc. is urging a Texas federal judge to transfer to a different part of the state a lawsuit alleging a defect in its helmets led to a life-altering injury for a high school student, arguing the Tyler Division is a "clearly more convenient" location.
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January 06, 2025
Girard Sharp Launches Into New Year With New Leadership
San Francisco-based Girard Sharp has kicked off the new year with a major leadership change, announcing Monday that Daniel C. Girard had stepped down as managing partner of the prominent plaintiffs complex litigation boutique he founded in 1995 and that longtime partner Dena C. Sharp was taking the reins.
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January 03, 2025
3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch
New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.
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January 03, 2025
Boeing, DOJ Say No Agreement Yet For Revised 737 Max Plea
The Boeing Co. and the U.S. Department of Justice told a Texas federal judge Friday they have not yet reached an agreement on how to revise the aircraft manufacturer's plea agreement in the 737 Max criminal conspiracy case, after the judge last month rejected the initial deal.
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January 03, 2025
Alaska Air Passengers Refile New Suit Over Boeing Blowout
A group of passengers suing Boeing, Alaska Airlines and Spirit AeroSystems over a door plug blowout on a 737 Max flight last January have relaunched their claims in Washington state court after a Seattle federal judge tossed an earlier version of the complaint at their request last month.
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January 03, 2025
Ex-Jaguars Employee Drops 2 FanDuel Owners From Suit
A former employee of the NFL's Jacksonville Jaguars who's in federal prison for embezzling millions to spend on online gambling on Friday dropped Fox Corp. and Boyd Gaming Corp. from his $250 million suit accusing the betting platform FanDuel of preying on his addiction.
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January 03, 2025
Energy Cos. Ask Top Calif. Court To End Climate Change Suits
A half-dozen global energy giants urged California's top court Thursday to review a lower court's decision allowing climate change suits against them to proceed, arguing that California courts don't have jurisdiction over claims stemming from global fossil fuel use.
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January 03, 2025
PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge
An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.
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January 03, 2025
Pool Co. Denied New Trial On TM Claims After Winning $16M
A North Carolina pool parts supplier can't retry trademark infringement claims after securing a $16 million false advertising and unfair business practices judgment against a rival Chinese company accused of misleading customers, a federal judge ruled this week.
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January 03, 2025
CPSC, Apple Reach Agreement Over AirTag Battery Warnings
The U.S. Consumer Product Safety Commission on Thursday said Apple AirTags imported after March 2024 didn't have federally required warnings about the harms of swallowing the tracking devices, but the company has agreed to include warnings.
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January 03, 2025
AIG Seeks $302K For Water Damage At NFL Player's NJ Home
An AIG insurer said it's entitled to recover nearly $302,000 from a contractor and plumbing company for flood damage to a Philadelphia Eagles player's Garden State home, telling a New Jersey federal court that the companies improperly installed the wrong piece of hardware when renovating the property.
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January 03, 2025
3 Firms Seek $36M Fee Award In 'Historic' NJ PFAS Deal
The Law Offices of John K. Dema PC, Kelley Drye & Warren LLP and Cohn Lifland Pearlman Herrmann & Knopf LLP have asked a New Jersey state court to award $36.7 million in attorney fees for their work in securing a $393 million deal over "forever chemical" contamination by Belgian chemical company Solvay as special counsel to the Garden State.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
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.
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An Associate's Guide To Career Development In 2025
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.
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Series
Fixing Up Cars Makes Me A Better Lawyer
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.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
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.
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Making The Pitch To Grow Your Company's Legal Team
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.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
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.
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Unwrapping Retailer AI Risks Amid Holiday Shopping Season
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.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
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.
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When US Privilege Law Applies To Docs Made Outside The US
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.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
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.
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How Attorneys Can Master The Art Of Eye Contact At Trial
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.
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Series
Group Running Makes Me A Better Lawyer
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.
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Cos. Must Brace For New PFAS Regulations And Litigation
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.
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Opinion
6 Changes I Would Make If I Ran A Law School
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.