Product Liability

  • September 26, 2024

    Walgreens Struggles To Exit 'Non-Drowsy' Label Suit In Wash.

    The Washington State Supreme Court questioned Thursday whether Walgreens could avoid state consumer protection claims over its "non-drowsy" cough medicine label by pointing to a lack of federal labeling requirements for the drug, with one justice calling the argument a non sequitur.

  • September 26, 2024

    Chancery Tosses Carvana Suit Alleging Faulty Sales

    Delaware's chancellor has dismissed a stockholder derivative case against online used-car dealer Carvana Inc. that sought damages for alleged insider trading and legal complaince monitoring failures, a case that defense attorneys had branded "repackaged" from past or pending federal securities actions.

  • September 26, 2024

    EPA Cleared Of Allegations Of Mishandling Ohio Derailment

    An Ohio federal judge has dismissed allegations that the U.S. Environmental Protection Agency mishandled its response to the 2023 East Palestine train derailment, finding little evidence that government officials wrongly cleared air and water quality as safe enough for residents to return home.

  • September 26, 2024

    Ford Says $1.7B Ga. Verdict No Excuse For Delayed Claims

    Lawyers for Ford Motor Co. said Thursday it strains credulity that Super Duty truck drivers didn't learn about their allegedly weak roofs until a billion-dollar jury verdict in Georgia, arguing in Michigan that decades of other suits and government documents could have clued in the plaintiffs sooner.

  • September 26, 2024

    Conn. PFAS Water Pollution Suit Returned To State Court

    A Connecticut federal judge has sent back to state court a proposed class action accusing the Connecticut Water Co. of knowingly selling water contaminated with dangerous levels of PFAS and failing to take steps to remove the pollutants, saying the water supply system's arguments are "fatally flawed."

  • September 26, 2024

    6th Circ. Upholds Philips' Win In Glass Plant Pollution Suit

    The Sixth Circuit on Wednesday stood by a Kentucky federal jury's verdict clearing Philips Electronics of proposed class claims brought by Bluegrass State property owners over pollution, agreeing with the jurors and the lower court that the claims over the company's former glass plant were filed too late.

  • September 26, 2024

    11th Circ. Wary Of Ineffective-Counsel Claim In Salmonella Case

    Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 in 2008 and 2009 urged the Eleventh Circuit on Thursday to overturn a district court order refusing to vacate their prison sentences.

  • September 26, 2024

    Atty Sheehan Owes $144K Fees For 'Frivolous' Big Lots Suit

    Prolific New York-based consumer advocate attorney Spencer Sheehan of Sheehan & Associates PC must cover the approximately $144,000 tab for attorney fees incurred amid the "frivolous" coffee labeling suit he brought against national retailer Big Lots Inc., a Florida federal judge has ordered.

  • September 25, 2024

    Ohio Train Derailment Plaintiffs Win Final OK Of $600M Deal

    An Ohio federal judge on Wednesday gave her final blessing to a $600 million settlement resolving claims brought by residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year.

  • September 25, 2024

    Wash. Judge Says Co., Firm Seem To Share Sanctions Blame

    A Washington appeals court judge said Wednesday that a climbing equipment manufacturer and its former trial counsel, Sinars Slowikowski Tomaska LLC, appear to share blame for discovery violations in a product liability lawsuit and that a trial court appeared to have the authority to issue sanctions.

  • September 25, 2024

    Target Can't Escape Claims Over Deceptive 'Clean' Label

    A California federal judge on Wednesday said that Target Corp. still has to face class claims that its Target Clean range of beauty products actually contain chemicals that harm humans and the environment, saying the allegations are a bit "unique" and are not typical product liability claims.

  • September 25, 2024

    Paxton Asks Texas Justices To Reverse State Fair Gun Ban

    Texas Attorney General Ken Paxton asked the state's highest court for emergency relief to prohibit a new State Fair of Texas rule that bans fairgoers from carrying handguns, saying in a Wednesday appeal that the Fifteenth Court of Appeals abused its discretion by denying relief.

  • September 25, 2024

    Baltimore Bridge Wreck: 6 Months Later, Claims Mount

    A court deadline to challenge liability limits over Baltimore's Francis Scott Key Bridge collapse shows an intense legal battle brewing as the U.S. government, Maryland and private plaintiffs sharpen their claims for damages against the owner and manager of the cargo ship that slammed into the bridge six months ago.

  • September 25, 2024

    3rd Circ. Preserves Monsanto's Win In Cancer Warning Suit

    The Third Circuit refused to reconsider its ruling that federal law preempts a more stringent Pennsylvania statute that mandates cancer warnings on chemicals, preserving Monsanto's win against a man who alleged the company's Roundup herbicide caused his illness.

  • September 25, 2024

    Wyden Pitches New Bill To Regulate Intoxicating Hemp

    U.S. Senator Ron Wyden, D-Ore., introduced a new bill on Wednesday to more tightly regulate products with hemp-derived cannabinoids, with an emphasis on age gating, manufacturing standards and labeling requirements.

  • September 25, 2024

    Poppi's 'Gut Healthy' Sodas Are Harmful To The Gut, Suit Says

    The maker of Poppi-brand sodas misleadingly advertises the products as "prebiotics for a healthy gut," despite the fact that it's full of sugar, which is harmful to overall health and heightens the risk of obesity, Type II diabetes and other issues, alleges a putative class action filed in California federal court.

  • September 25, 2024

    Slovenian Plane Parts Maker Escapes Fla. Fatal Crash Suit

    A Florida appeals court on Wednesday threw out a wrongful death suit against a Slovenian aircraft parts manufacturer, saying an uncontroverted affidavit from the company showing it has no connections to the Sunshine State warrants dismissal for lack of jurisdiction.

  • September 25, 2024

    Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ

    A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.

  • September 25, 2024

    Vape Co. Sues Buchalter Alleging Malpractice After IP Action

    A Los Angeles-based cannabis company called Smoke Tokes LLC has filed a legal malpractice suit accusing Buchalter PC and two of its attorneys of causing a federal trademark action to drag on unnecessarily even after Smoke Tokes took all necessary steps to satisfy a judgment and injunction.

  • September 25, 2024

    Pittsburgh Council OKs $500K To Settle Bridge Collapse Suits

    The city of Pittsburgh approved handing a Pennsylvania state court $500,000 — the city's maximum liability under state law — so it can bow out of lawsuits brought by people injured in the 2022 collapse of the Fern Hollow Bridge.

  • September 25, 2024

    Norfolk Southern Names New CLO After Ouster Of Execs

    Norfolk Southern Corp. has promoted an employee who has worked in its legal department since 2010 to serve as its chief legal officer following the firing of the woman who previously held the post over her relationship with the transportation giant's ousted CEO.

  • September 24, 2024

    Amazon Scolded Over Improper Privilege In Alexa Privacy Suit

    Amazon.com Inc. must re-produce documents it clawed back during discovery from unregistered Alexa users who allege they were illegally recorded, a Washington federal judge ruled Monday, scolding the e-commerce giant for "improperly" trying to conceal its business and strategic documents behind attorney-client privilege.

  • September 24, 2024

    Calif. Gov.'s Emergency Hemp Intoxicant Ban Wins Approval

    California retailers are no longer allowed to sell hemp products containing tetrahydrocannabinol after the Golden State's Office of Administrative Law on Monday approved Gov. Gavin Newsom's emergency ban, a move a leading hemp trade group has vowed to challenge.

  • September 24, 2024

    P&G Says FDA Review Moots Class Suit Over Lead In Tampons

    Since the FDA has announced it will be looking into claims that commercially available tampons contain harmful levels of heavy metals, Tampax owner Procter & Gamble believes it shouldn't have to keep fighting a proposed California federal class action targeting alleged lead levels in its own products.

  • September 24, 2024

    Texas Fair Gun Ban Stands, State Appeals Court Says

    A Texas appeals court has rejected Texas Attorney General Ken Paxton's bid for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, handing the state a loss in a Tuesday order and keeping the ban in place ahead of the fair's opening Friday.

Expert Analysis

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

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