Product Liability

  • July 18, 2024

    Pool Co. Wants To Dig Into Rival's Alter Egos For $16M Verdict

    Pool supply company Hayward Industries Inc. is looking to force responses from the alter egos of bankrupt rival Blueworks Corp. regarding their assets, bank accounts and property so that Hayward can collect on its $16 million false advertising and unfair business practices judgment.

  • July 18, 2024

    Ga. Mineral Co. Can't Nab Win In Row Over Talc Suit Coverage

    A Georgia federal judge declined to grant a win to a mineral products company trying to compel a Travelers unit to defend it against an underlying suit claiming that it supplied asbestos-containing talc products.

  • July 17, 2024

    Fla. Co. Says NY Lender Charges Usurious 950% Interest Rate

    A Florida-based startup has sued a New York small business lender, alleging the lender saddled it with "a high interest usurious loan" when it thought it was entering into a future receivables agreement.

  • July 17, 2024

    'Inflammatory' Atty Statement Axes $11M Stanley Injury Verdict

    A Missouri appellate court has tossed an $11 million jury verdict in a suit alleging a Stanley Black & Decker unit caused a man to lose an eye due to a defective staple gun, saying plaintiff's counsel made improper "inflammatory" references to Stanley as a "billion-dollar company."

  • July 17, 2024

    Wahlburgers-Tied Pickle Co. Settles Rival's Labeling Spat

    A pickle company told a New Jersey federal court that its suit accusing a rival of ripping off recipes to make mislabeled pickles for actor Mark Wahlberg's restaurant business has been settled. 

  • July 17, 2024

    Whirlpool Wants To Wash Away Service Plan Repair Claims

    Whirlpool asked a Washington federal judge to send a proposed consumer class action down the drain, saying the aggrieved customer can't claim she was deceived about the details of an extended repair plan for a dishwasher when the full terms have always been easy to find online.

  • July 17, 2024

    Producer Petitions 2nd Circ. To Revive Blacklisting Suit

    A Broadway producer accusing an actor and stage workers union of unlawfully blacklisting him following a labor dispute over a musical has asked the Second Circuit for another chance to revive the claims.

  • July 17, 2024

    Pharma Co. Slams Magistrate's Venue Report In Opioid Suit

    A pharmaceuticals distributor is objecting to an Oklahoma federal magistrate judge's recent recommendation to deny as moot the company's bid to dismiss a Cherokee Nation suit accusing it of flooding tribal communities with opioids, saying the case shouldn't be sent to state court.

  • July 17, 2024

    NY Judge Sends Suits Over Indianapolis FedEx Shooting To SC

    Firearms manufacturer American Tactical Inc has persuaded a New York Judge to send to South Carolina lawsuits that victims of an April 2021 mass shooting at an Indianapolis FedEx facility filed to accuse the company of recklessly advertising a 60-round magazine used in the attack.

  • July 17, 2024

    9th Circ. Scrubs Dismissal In Plant-Based Huggies Wipes Suit

    The Ninth Circuit on Wednesday partially reinstated a suit alleging that Kimberly Clark Corp.'s baby wipes mislead consumers into thinking they're made entirely from plant products, saying the district court wrongly considered the back label when dismissing claims regarding certain products.

  • July 17, 2024

    Drivers' Transmission Complaints Are 'Old News,' GM Says

    Drivers waited too long to file a proposed class action accusing General Motors LLC of selling vehicles with faulty transmissions, the automaker said in a motion Tuesday arguing that many of the claims must be dismissed.

  • July 17, 2024

    Hospital Trims Its Insulin Pen Claims Against Novo Nordisk

    A Connecticut hospital and Novo Nordisk Inc. have agreed to dismiss several of the pharmaceutical giant's corporate entities from a suit seeking to make the company pay for the hospital's $1 million settlement from an underlying patient class action over allegedly defective insulin pens the firm made.

  • July 17, 2024

    3M Denied Quick Win In Earplug MDL Coverage Dispute

    3M and its subsidiary Aearo Technologies can't get a quick win in their quest for coverage for hundreds of millions of dollars in defense costs paid in connection with underlying litigation alleging that their combat earplugs failed to protect the hearing of service members and veterans, a Delaware state court ruled.

  • July 17, 2024

    Target Hit With Suit After Texas Infant Died In Baby Lounger

    Target and the makers of an infant lounger have been hit with a product liability lawsuit from a Texas couple who allege their 7-month-old daughter died after falling out of the device.

  • July 17, 2024

    Monsanto Philly Roundup Victory Preserved After Trial

    A Philadelphia state judge declined to overturn a jury verdict in favor of Monsanto in a Pennsylvania cancer patient's lawsuit alleging he developed his illness after using the weed killer Roundup.

  • July 17, 2024

    New Mexico Adds Superfund Claims To PFAS Suit Against US

    New Mexico is expanding its lawsuit against the federal government over costs related to cleaning up forever chemicals near military sites by utilizing a new rule listing the substances as hazardous under the Superfund law.

  • July 16, 2024

    Gilead Asks Calif. Supreme Court To Ax 'Disastrous' Decision

    Gilead Sciences on Monday urged the California Supreme Court to overturn an appellate panel's decision that the company can't ditch claims it held back a safer HIV drug to maximize profits on an older medication, saying that holding manufacturers liable for non-defective products would "yield disastrous policy consequences."

  • July 16, 2024

    Apple's Slowed IPhone Derivative Deal OK'd After Tweaks

    A California federal judge said Tuesday she would approve Apple's non-monetary settlement to resolve a derivative-shareholder suit over claims it secretly slowed iPhones and award counsel $6 million in attorney fees and expenses, after she rejected an earlier version of the deal because of the proposal's overbroad release of claims.

  • July 16, 2024

    Tesla Says Chinese Co. Sells 'Dangerous' Charging Adapter

    Tesla said on Monday that a Chinese company sells a "dangerous" charging adapter that lets owners of non-Tesla electric vehicles charge at its network, saying in a suit filed in California federal court that the device could injure consumers and damage the power infrastructure.

  • July 16, 2024

    Unilever Supplier Looks To Drag BP Into Shampoo Class Suit

    A Unilever supplier is trying to shift the blame in a lawsuit accusing it and the consumer goods behemoth of selling carcinogen-tainted dry shampoo, telling a Connecticut federal court that two of its suppliers, including BP, are actually the ones who should be held liable.

  • July 16, 2024

    Judges Press Amazon On Its Duty To Guard Against Suicide

    Washington appellate judges on Tuesday challenged Amazon's argument that the e-commerce giant should be free from liability for selling sodium nitrite that buyers used to kill themselves, with one judge asking what other use a "small bottle" of nearly pure poison would have.

  • July 16, 2024

    No Immunity For Philadelphia Transit In Bus-Stop Injury

    The Philadelphia-area transit system can't escape a lawsuit accusing one of its bus drivers of refusing to lower a handicap accessible ramp, resulting in a passenger twisting her leg while exiting the vehicle, a state appeals court ruled, saying the claims fall squarely with the motor-vehicle exception to sovereign immunity.

  • July 16, 2024

    3rd Circ. Backs Tossing Over 1K Suits In Merck Vaccine MDL

    The Third Circuit on Tuesday affirmed the dismissal with prejudice of 1,189 cases in multidistrict litigation alleging Merck & Co. Inc.'s shingles vaccine, Zostavax, caused the disease, saying the district court did not abuse its discretion by requiring medical tests to support the claims.

  • July 16, 2024

    GNC Fights Claim 'Super Magnesium' Pills Are Subpar

    GNC Holdings urged an Illinois federal judge Monday to toss a proposed class action alleging it falsely touted "Super Magnesium" supplements as having 400 milligrams of magnesium despite having less than half that amount, saying a consumer lacked standing to sue by failing to allege his own purchase was deficient.

  • July 16, 2024

    Pollution Settlement Will Work To Restore Wash. River Habitat

    An agreement between the federal government, Washington state and two tribes, on one side, and a pair of recycling companies and a metal fabricator on the other will put in place a three-acre habitat restoration project along the Lower Duwamish River in Seattle, resolving claims that oil and hazardous were released into the waters for a decade.

Expert Analysis

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

    Author Photo

    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • And Now A Word From The Panel: Watch The MDL Calendar

    Author Photo

    One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.

  • Key Insurance Considerations After $725M Benzene Verdict

    Author Photo

    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Series

    Playing Music Makes Me A Better Lawyer

    Author Photo

    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

    Author Photo

    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

    Author Photo

    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

    Author Photo

    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

    Author Photo

    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

    Author Photo

    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • How To Use Exhibits Strategically Throughout Your Case

    Author Photo

    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Series

    Being An EMT Makes Me A Better Lawyer

    Author Photo

    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

    Author Photo

    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Car Apps, Abuse Survivor Safety And The FCC: Key Questions

    Author Photo

    A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

    Author Photo

    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

    Author Photo

    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!