Product Liability

  • December 18, 2024

    EPA Greenlights California's Race To 100% ZEVs By 2035

    The U.S. Environmental Protection Agency on Wednesday authorized California's plan to require that all new light cars and trucks sold in the state be zero-emission vehicles by 2035, a move that was instantly slammed by the fossil fuel industry.

  • December 18, 2024

    RJ Reynolds Asks Justices To Toss Forum Shopping Argument

    R.J. Reynolds Vapor Co. is urging the U.S. Supreme Court to reject the U.S. Food and Drug Administration's argument that the vape company engaged in forum shopping when it challenged denial of one of its applications in the Fifth Circuit, saying its Texas- and Mississippi-based co-petitioners make the Fifth Circuit the proper venue.

  • December 18, 2024

    Connecticut AG Gets Remand Of 'Forever Chemicals' Suit

    A Connecticut federal judge has shipped one of the state's PFAS "forever chemicals" lawsuits back to state court, siding with the state attorney general's argument that the case targeted pollution from consumer products and civilian industrial sources that were not "inextricably commingled" with chemicals produced to military specifications.

  • December 18, 2024

    Talc Law Firm Seeks Judge's DQ In Beasley Allen Suit

    An Alabama federal judge's prior representation of Montgomery-based Beasley Allen Law Firm is grounds for The Smith Law Firm PLLC's motion filed Wednesday calling for the judge's recusal from Beasley Allen's breach of contract suit against the Smith firm regarding alleged owed expenses from a joint venture the two firms shared.

  • December 18, 2024

    The Biggest 1st Circ. Rulings Of 2024

    The nation's smallest federal circuit court in 2024 issued an opinion tackling the government of Mexico's efforts to hold U.S. firearms makers responsible for the flow of illegal arms across the southern border, determining the claims are not barred by a litigation shield, among other high-profile decisions.

  • December 18, 2024

    Mont. High Court Cements Right To 'Stable Climate System'

    The Montana Supreme Court on Wednesday ruled that the state's constitution guarantees the right to "a stable climate system" and affirmed a lower court's decision to strike down state law provisions that barred the consideration of greenhouse gas emissions in permitting decisions.

  • December 18, 2024

    Top Conn. Cases Of 2024: Kickbacks, Paybacks And Bribes

    Judges and juries in Connecticut awarded several multimillion-dollar verdicts against companies big and small in 2024, socking Johnson & Johnson in a talc case in which the already substantial damages could multiply and ordering a pharmacy that paid kickbacks to cough up nearly four times the money it cost the state.

  • December 17, 2024

    Monsanto Owes $690M In Latest Wash. PCB Trial, Jurors Told

    Fifteen people who say they were poisoned by Monsanto-made chemicals asked a Washington state jury to award them $690 million plus even more in punitive damages on Tuesday, rounding out a two-month trial as the company argued the request for "generational wealth" isn't backed by enough evidence to attribute their ailments to the toxins known as PCBs.

  • December 17, 2024

    Fla. Judge Trims Suit Over Misrepresented Pickleball Paddles

    A Florida federal judge on Tuesday declined to completely toss a proposed class action brought by a pickleball player accusing a paddle manufacturer of deceptively marketing its products as certified by the sport's governing body, dismissing the suit's breach of warranty counts but saying its primary consumer protection claims would remain intact.

  • December 17, 2024

    Red States Can Back Feds In Dakota Access Pipeline Row

    A North Dakota federal judge said Tuesday that 13 Republican-led states can back the federal government in litigation brought by the Standing Rock Sioux Tribe seeking to halt operations of the Dakota Access Pipeline. 

  • December 17, 2024

    Express Scripts, OptumRx Can't Ditch LA County Opioid Suit

    A California judge ruled Tuesday that Los Angeles County can keep pursuing a lawsuit claiming pharmacy benefit managers Express Scripts and OptumRx colluded with drugmakers to fuel the opioid epidemic, though the county must rework its complaint to specify how regulators were allegedly deceived.

  • December 17, 2024

    Roblox, Epic Games Accused Of Addicting Minors

    A suit filed in California state court has alleged that Epic Games and Roblox purposefully addict minors to playing their video games, knowing that the more time that they spend playing games, the more they will spend on in-game purchases.

  • December 17, 2024

    3M Fights Michigan's Mootness Claims In PFAS Rule Suit

    Michigan is wrong to allege that 3M's challenge to rules on PFAS in tap water is moot, the company has told the state Supreme Court, claiming it will still be affected by the challenged regulations despite the state's arguments that new regulations supersede them.

  • December 17, 2024

    Seattle, Solar Group Sue To Block Natural Gas Ballot Initiative

    The city of Seattle and solar industry and environmental groups have sued the state of Washington to preserve municipalities' ability to curb natural gas use in new buildings, arguing a voter-approved measure blocking that power had unrelated provisions that made it unconstitutional.

  • December 17, 2024

    Insurer Settles Coverage Row Over Conn. Plane Crash

    An aviation insurer seeking to avoid coverage for a 2021 crash that killed all four passengers aboard a Cessna private jet settled its suit with the owners and operators of the jet, according to a notice in Connecticut state court.

  • December 16, 2024

    'Exploding' Crock-Pot Caused $56M In Damages, Jury Says

    A Colorado federal jury found Friday that an "exploding" Sunbeam pressure cooker caused $55.5 million in damages to a Denver woman, but also said the woman was 10% responsible.

  • December 16, 2024

    Boeing Says Records Loss Should Get 737 Max Suit Tossed

    The Boeing Co. is asking a Washington federal court to throw out a suit from a defunct African airline over fallout from a 737 Max airplane deal, saying that the plaintiff airline's loss of records was intentional and warrants sanctions.

  • December 16, 2024

    Conn. Utility Says PFAS Class Claims Belong With Regulators

    Most of the claims in a proposed class action against a Connecticut water company that allegedly failed to protect customers against "forever chemicals" cannot proceed because they needed to be heard first by state regulators, the utility argued in seeking to trim the complaint.

  • December 16, 2024

    Walmart Customer Resolves Faulty Basketball Hoop Suit

    A Louisiana man and retail giant Walmart have come to a resolution over the customer's product liability lawsuit concerning an allegedly defective basketball hoop that injured his hand, according to a notice of resolution in Louisiana federal court.

  • December 16, 2024

    Pot Co. Stiiizy Accused Of Pushing High-THC Wares On Teens

    California cannabis giant Stiiizy has been accused of marketing dangerous high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in two users who brought a product liability and fraud suit in Los Angeles state court.

  • December 16, 2024

    NJ Judge Approves Settlement In Artificial Turf MDL

    A New Jersey federal judge has granted final approval to a proposed nationwide settlement to end a multidistrict litigation brought by consumers who purchased retired artificial fields from FieldTurf USA Inc.

  • December 16, 2024

    Vape Cos. Say Ky. Regulations Violate Federal Law

    A vaping company association along with a retailer and wholesaler are challenging a Kentucky law regulating e-cigarettes, saying that it conflicts with the Food, Drug and Cosmetic Act by purporting to enforce U.S. Food and Drug Administration standards.

  • December 16, 2024

    Pipeline Co. To Pay $450,000 To Settle ND Pollution Claims

    A Texas-based pipeline operator will pay $450,000 to settle Clean Air Act violations on North Dakota's Fort Berthold Indian Reservation after the U.S. Environmental Protection Agency found multiple offenses during a routine inspection last year.

  • December 16, 2024

    The Biggest Massachusetts High Court Rulings Of 2024

    Massachusetts' highest court added two justices this year while taking up several novel legal issues, including one town's effort to phase out the sale of tobacco, a paralyzed Uber rider's fight against arbitration, and a dispute over whether a hospital website's use of tracking cookies violates the state wiretap statute.

  • December 13, 2024

    NHTSA Publishes Whistleblower Program Final Rule

    The National Highway Traffic Safety Administration finalized its whistleblower program, which could award as much as 30% of monetary sanctions to a worker of an auto manufacturer who calls out bad behavior.

Expert Analysis

  • How Multifamily Property Owners Can Plan For The EV Future

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    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.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    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.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    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.

  • Enviro Policy Trends That Will Continue Beyond The Election

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    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.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    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.

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

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    The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

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