Product Liability

  • February 28, 2024

    Justices Lean On Both Sides In ATF Bump Stock Rule Case

    The U.S. Supreme Court on Wednesday considered whether bump stocks can be considered machine guns under an Alcohol, Tobacco, Firearms and Explosives rule banning the devices, knocking holes in opposing interpretations of the National Firearms Act's definition of a machine gun.

  • February 28, 2024

    Judges Tell Mich. To Get Moving On Flint Engineering Suit

    Michigan federal and state judges on Wednesday told the state to speed up its professional malpractice case against an engineering firm accused of prolonging the Flint water crisis, saying Michigan can't worry about whether it would look bad to go ahead before residents resolve their federal claims.

  • February 28, 2024

    FDA Says No More Sales Of PFAS For US Food Packaging

    The U.S. Food and Drug Administration on Wednesday said that so-called forever chemicals are no longer being sold for use in grease-proofing food packaging, such as in take-out containers, in the U.S., ending a major source of exposure to a group of chemicals linked to health problems.

  • February 28, 2024

    AG James Accuses Meat Co. JBS Of Misleading Enviro Claims

    New York Attorney General Letitia James slapped JBS USA, the U.S. subsidiary of the world's largest producer of beef products, with a complaint in New York state court Wednesday, accusing the company of misleading the public about the environmental impact of its products.

  • February 28, 2024

    Amazon Sat On Texts In Alexa Recording Suit, Users Says

    Plaintiffs accusing Amazon of illegally recording them with Alexa devices say the tech giant kept text messages from employees out of discovery, alleging while the company claimed to have never reviewed any texts as part of the suit, a former executive admitted his devices had been scanned. 

  • February 28, 2024

    Family's Suit Over Take-Home Asbestos Death Is Revived

    A Texas appeals court has reinstated a man's suit against Howmet Aerospace Inc. alleging his wife died of asbestosis as a result of cleaning his asbestos-covered clothing for 25 years, saying the trial court was wrong to find that the man hadn't presented any evidence linking that exposure to her death.

  • February 28, 2024

    ​​​​​​​Fiat Says Drivers Can't 'Pick And Choose' Warranty Terms

    A putative class of Dodge, Chrysler and Jeep vehicle owners cannot hold Fiat Chrysler to a promise of lifetime free repairs when the customers failed to hold up their end of the bargain, the automaker argued Wednesday at a hearing in Michigan federal court, asserting that the drivers failed to get required inspections.

  • February 28, 2024

    4 Firms Plan To Co-Lead Suboxone Dental Decay MDL

    Attorneys from Peiffer Wolf Carr Kane Conway & Wise LLP and three other law firms have asked an Ohio federal judge to appoint them co-lead counsel for the new multidistrict litigation over opioid addiction treatment Suboxone allegedly causing dental decay, with 14 other firms seeking appointment to plaintiff leadership committees.

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 28, 2024

    Product Liability Group Of The Year: Seeger Weiss

    Seeger Weiss LLP's work on securing a landmark $6 billion deal to end the massive litigation brought by veterans and service members who alleged that 3M's combat earplugs harmed their hearing made it one of Law360's Product Liability Groups of the Year.

  • February 28, 2024

    Energy Cos. Urge Justices To Slam Brakes On Climate Suits

    Fossil fuel companies on Wednesday launched a fresh U.S. Supreme Court bid to put an end to climate change torts lodged by state and local governments, asking the justices to review and overturn a refusal by Hawaii's top court to dismiss Honolulu's suit.

  • February 27, 2024

    J&J's CMO Says He Would've Pulled Talc If It Caused Cancer

    The chief medical officer at Johnson & Johnson told jurors Tuesday that his department's review of the scientific literature showed no link between baby powder use and ovarian cancer, saying he would have pulled the product from shelves if they'd found a link.

  • February 27, 2024

    Hot Spot Co., Investors Ask Court To Reconsider $2.4M Deal

    Wireless equipment maker Franklin Wireless Corp. and its investors have again asked a California federal judge to approve their $2.4 million deal to end a lawsuit accusing the company of concealing defects in lithium-ion batteries, saying their revised deal would pay investors $350,000 more than the version the judge rejected last month.

  • February 27, 2024

    PacifiCorp Faces $50M Ask In Latest Wildfire Trial

    Nine Oregonians and a summer camp for the disabled went to trial Tuesday in state court against PacifiCorp, asking a Portland jury to award at least $50 million after a cluster of 2020 wildfires left them with "nowhere to go, but nowhere to return to."

  • February 27, 2024

    Del. Jury Urged To Award $142M Roundup Punitive Damages

    Attorneys for the family of a South Carolina man whose cancer death was allegedly linked to long working use of Monsanto Corp.'s Roundup herbicide asked a Delaware Superior Court jury Tuesday for $142 million in punitive damages for the company's purported disregard of the product's toxic risk.

  • February 27, 2024

    Defense Dept. Looks To Shake Firefighting Foam MDL Claims

    The U.S. Department of Defense on Monday asked a South Carolina federal judge to free it from claims in sprawling multidistrict litigation that its use of forever chemical-containing firefighting foam contaminated drinking water near its facilities.

  • February 27, 2024

    Employers Must Battle AI Bias, Fisher Phillips' AI Chief Says

    Employers embracing artificial intelligence and machine learning tools to automate time-consuming tasks, such as screening resumes and conducting interviews, must ensure those tools don't engage in "algorithm drift" that results in improper bias, which could put a company on the hook legally and ruin its brand reputation, says David Walton, chair of Fisher Phillips' artificial intelligence team.

  • February 27, 2024

    Netflix Keeps Win Over '13 Reasons' Suicide Suit At 9th Circ.

    A Ninth Circuit panel on Tuesday refused to revive a proposed class action alleging Netflix Inc. contributed to a spike in child suicides by pushing its "13 Reasons Why" series about a young girl's suicide onto vulnerable teenagers, saying the lead plaintiff's estate waited too long to sue.

  • February 27, 2024

    GM Calls Auto Parts Co.'s Raid Conspiracy Claim 'Delusional'

    General Motors argued Monday that a Michigan federal judge should toss "delusional" counterclaims from an aftermarket auto parts company in a suit that claims the company is selling replica parts with no license, saying accusations the auto giant lied to spark a government raid are "facially implausible."

  • February 27, 2024

    Hospital Groups Allege Opioid Crisis Damaged Their Finances

    More than 20 hospitals and related companies have joined multidistrict litigation over the opioid epidemic, alleging in a massive new complaint that pharmacies, drug distributors and others contributed to a crisis that damaged hospitals' finances and strained their ability to help patients.

  • February 27, 2024

    Monsanto Wants Further 11th Circ. Roundup Suit Review

    Monsanto has for a second time pressed the full Eleventh Circuit to review a panel ruling that a Georgia doctor's allegations the company failed to warn about cancer risks of using the Roundup weed killer was permitted despite federal pesticide labeling requirements.

  • February 27, 2024

    'Delay' Adds $2.3M To Monsanto's $175M Roundup Judgment

    A Philadelphia judge on Tuesday added approximately $2.3 million in delay damages — a form of prejudgment interest — to a $175 million verdict against Bayer AG unit Monsanto in the case of a man who said using the weed killer Roundup caused him to develop cancer, also rejecting the company's request for a new trial.

  • February 27, 2024

    10th Circ. Backs FDA E-Cigarettes Marketing Denial

    The Tenth Circuit on Tuesday upheld the U.S. Food and Drug Administration's denials of two companies' applications to market flavored e-cigarettes, rejecting their argument that the agency secretly planned to reject any applications without long-term studies.

  • February 27, 2024

    11th Circ. Throws Shade On $40M Sunglasses Repair Deal

    The Eleventh Circuit has eliminated a $40 million settlement of class allegations that the Costa Del Mar sunglasses company deceived customers about its lifetime warranty, siding with objectors who said an inflated value of consumer vouchers in the deal prompted unreasonably large attorney fees.

  • February 27, 2024

    Texas AG Sues Pornhub Owner Over Lack Of Age Verification

    Pornhub's parent company, Aylo Entertainment, was hit with a lawsuit in Texas state court Monday by Attorney General Ken Paxton, who accused the adult entertainment giant of failing to implement age verification systems on its websites that publish sexually explicit content, leaving it open for minors to readily access its platforms.

Expert Analysis

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Opinion

    New Rule 702 Helps Judges Keep Bad Science Out Of Court

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    A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.

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