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Product Liability
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June 27, 2024
EPA's State Smog Pollution Plan Down, Not Out Yet
The U.S. Supreme Court flexed its muscles menacingly at the U.S. Environmental Protection Agency on Thursday and blocked it from implementing an important air pollution control plan for several states, but experts say it's too early to completely write off the rule in question.
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June 27, 2024
Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11
The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.
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June 27, 2024
GoodPop Says Rival Misleads With '100% Real Fruit' Claim
The makers of GoodPop popsicles sued rival Jonny Pops LLC on Thursday, saying that despite Jonny Pops advertising its products as being made with "100% real fruit" and healthy "simple ingredients," the pops are mostly water and added sugar well beyond what is healthy for children or adults.
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June 27, 2024
Judge Slams 'Unacceptable' Misstated Case Law In PFAS Suit
A federal magistrate judge in North Carolina chastised class counsel for Tar Heel State residents suing The Chemours Co. and DuPont De Nemours over toxic "forever chemicals" purportedly discharged in their wastewater, after the attorneys "misstated the language of various cases" they cited in a briefing.
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June 27, 2024
Widow Sues Safety Consultant, Strap Maker Over Fatal Drop
The widow of a Pennsylvania man who was fatally injured when a nylon strap holding up a one-ton piece of equipment broke has filed a lawsuit in state court against the manufacturer of the strap, along with the safety consulting company she claims failed to properly assess and train the workers.
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June 27, 2024
Calif. Justices Say Patient's Choice A Factor In Product Cases
The California Supreme Court has sided with a woman alleging that a shock therapy device made by Somatics LLC caused her permanent injuries, saying she can establish that her injuries were caused by a lack of warning as long as she shows that a prudent patient would have declined treatment upon hearing a warning.
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June 27, 2024
Whole Foods, Hain Want Full 5th Circ. Review Of Baby Food Suit
Whole Foods Market Inc. and Hain Celestial Group Inc. are urging the full Fifth Circuit to review a decision remanding a suit against them alleging Hain's baby food caused the mental and physical decline of a toddler, saying the panel ignored both Fifth Circuit and Supreme Court precedent to remand the case after a final judgment in federal court.
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June 27, 2024
NTSB Rips Boeing For Blabbing About Blowout Probe
The National Transportation Safety Board sanctioned Boeing on Thursday for sharing nonpublic details of an ongoing investigation into January's 737 Max 9 midair door plug blowout, deepening the American aerospace giant's regulatory troubles amid multiple probes into its safety culture and quality control.
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June 27, 2024
Honeywell Says Sourcing Co. Backpedaled On Supply Deal
Honeywell has accused a sourcing company of trying to claw its way out of a contract to buy medical-grade gloves by fabricating quality concerns and launching a bogus recall in an allegedly underhanded way to make itself more appealing to potential buyers.
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June 27, 2024
Supreme Court Freezes EPA's 'Good Neighbor' Rule
The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.
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June 27, 2024
Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan
The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.
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June 26, 2024
Conn. Zantac Ruling To Include Sanofi As Settlement Looms
A Connecticut state judge will include Sanofi-Aventis US LLC and a related corporate entity in a forthcoming decision on whether Zantac makers must face novel innovator liability claims in the Constitution State, the judge revealed after the pharmaceutical giant suggested a ruling would help finalize a nascent settlement.
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June 26, 2024
Baby Bottle Cos. Face False Ad Suits Over Microplastics
Philips North America and Handi-Craft face a pair of proposed class actions filed Tuesday in California federal court alleging they misled customers into thinking their sippy cups and baby bottles were "BPA free" and therefore safe for use, despite that heating them could cause harmful microplastics to leak into food and drinks.
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June 26, 2024
Window Seal Maker Can't Nix Condo's Faulty Glass Panel Suit
A Washington federal judge on Tuesday refused to free a window component maker from a lawsuit claiming it helped conceal defects in a Seattle condominium's windows, saying the court had personal jurisdiction because the alleged wrongdoing was characterized as a deliberate act that affected a large number of actual Washington consumers.
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June 26, 2024
Talc Co. Barretts' Creditors Push To Dismiss Ch. 11 Case
Unsecured creditors of Barretts Minerals have urged a Texas bankruptcy judge to dismiss its bankruptcy following the debtor's sale of its talc business, arguing that Barretts remains in bankruptcy only to get its fully solvent parent company out of its talc liability.
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June 26, 2024
Native Deodorant Doesn't Give 72-Hour Protection, Suit Says
Procter & Gamble-owned Native was hit with a proposed consumer protection class action in New York federal court Wednesday by customers who accuse it of falsely advertising that its deodorant spray provides "72-hour odor protection," a claim that it allegedly ripped off from other brands and hasn't been clinically proven.
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June 26, 2024
New Hampshire Claims TikTok Exploits Kids For Profit
Social media titan TikTok is exploiting children by intentionally designing its platform to be addictive, so children will keep scrolling on the app for as long as possible, the state of New Hampshire argues in a heavily redacted lawsuit in state court.
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June 26, 2024
Sig Sauer Can't DQ Gun Expert's Experiment In Defect Suit
Gunmaker Sig Sauer Inc. can't dodge a police officer's lawsuit claiming its P320 pistol spontaneously discharged and injured her without the trigger being touched, after the company failed to convince a Massachusetts federal judge to disqualify an experiment by the plaintiff's gun expert comparing its gun to an analogous Glock model.
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June 26, 2024
4th Circ. Douses Fireworks Co.'s Challenge To CPSC Notices
The Fourth Circuit on Wednesday affirmed the dismissal of a fireworks importer's challenge to safety notices from the U.S. Consumer Product Safety Commission, saying the notices are not a final agency action that can be reviewed under the Administrative Procedure Act.
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June 26, 2024
Travelers Nabs Partial Win In Asbestos Coverage Dispute
A Travelers unit only has a duty to indemnify but not defend a drywall and paint company that faces several underlying asbestos injury lawsuits, a Texas federal court ruled, rejecting the company's reading of "not covered" in its umbrella policy providing excess coverage.
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June 26, 2024
Ex-Worker Says NC Justices Needn't Review Carcinogen Test
A former graduate student worker for North Carolina State University has told the Tar Heel State's highest court that the school is trying to delay a potential lawsuit by continuing its fight to keep the ex-employee and cancer patient from investigating a campus building for carcinogens.
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June 26, 2024
NHTSA Declines Calls For 'More Robust' Truck Safety Guards
Roadway safety advocates are chiding the National Highway Traffic Safety Administration after it rejected requests for stricter requirements on rear impact guards on semitruck trailers, used to protect passenger vehicles that crash into the back of trailers, calling the decision "indefensible."
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June 26, 2024
NJ Cos. Can't Toss Contamination Claim In Green Groups' Suit
A New Jersey federal judge won't let NL Industries Inc. and a subsidiary escape claims by two environmental groups under the Resource Conservation and Recovery Act, saying it's undisputed that the companies are considered persons who handled hazardous waste.
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June 26, 2024
Calif. AG Defends Chemical Org's Subpoena In Pollution Probe
California Attorney General Rob Bonta is urging a D.C. federal judge to reject a bid from the American Chemistry Council that would block his office from enforcing a subpoena on the organization as part of an investigation into fossil fuel and petrochemical industries' role in global plastics pollution.
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June 26, 2024
House GOP Gears Up For The End Of Chevron Deference
A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.
Expert Analysis
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Tylenol MDL Highlights Expert Admissibility Headaches
A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.