Product Liability

  • March 26, 2024

    K&L Gates Consumer Products Chair Joins Venable In LA

    Venable LLP said Monday that the co-chair of K&L Gates LLP's commercial litigation practice and chair of its consumer products and beauty and wellness practice groups has joined the firm's Los Angeles office as a partner.

  • March 25, 2024

    Judge Skeptical Of Ark. Social Media Law But Doesn't Block It

    An Arkansas federal judge appeared skeptical that the state's law limiting minors' social media access would survive a recent constitutional challenge but has allowed the state to continue with limited discovery on whether the law sufficiently targets only platforms that allegedly cause the most harm to underage users.

  • March 25, 2024

    Full 10th Circ. Stands By Revival Of Valero Pipeline Leak Suit

    The full Tenth Circuit refused to budge from a panel's February decision that partly revived an Oklahoma cattle ranch's lawsuit seeking to hold Valero Energy Corp. liable for a pipeline leak that allegedly contaminated the ranch property.

  • March 25, 2024

    J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs

    Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.

  • March 25, 2024

    What To Watch As Opioid Litigation Goes To Ohio High Court

    The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.

  • March 25, 2024

    Solar Co. Downplayed Exposed Wire Issue, Investors Claim

    Energy company Shoals Technologies Group Inc. has been hit with a proposed class action alleging it downplayed the cost of repairing exposed wires for customers and that investors were blindsided when the company finally revealed it would need to spend at least $60 million to fix the issue.

  • March 25, 2024

    Prior Deal Bars Issues-Only Classes In NCAA Football MDL

    An Illinois federal judge has denied a bid by former NCAA football players for issue-only classes in multidistrict litigation over concussion injuries, saying a settlement from a prior MDL specifically prohibits issue-only classes.

  • March 25, 2024

    Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony

    Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.

  • March 25, 2024

    Texas Co. Hit With COVID Products Ban, $37.6M Fine To FTC

    A federal judge has ordered a Houston-area man and his company to pay the FTC nearly $37.6 million, writing that he "took advantage of consumers' desperation" during the COVID-19 pandemic and "consistently misled" customers about his ability to deliver personal protective equipment. 

  • March 25, 2024

    Pool Co. Objects To Rival Counsel's Exit After $15M Verdict

    A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block the rival's counsel from leaving the case, saying the company may use the loss of its attorneys as justification for delaying final judgment.

  • March 25, 2024

    High Court Won't Review Texas Oil Spill Liability Fight

    The U.S. Supreme Court on Monday refused to consider if a mixture of petroleum and chemicals is considered "oil" under federal oil spill law and rejected companies' attempt to revive their suit against a storage terminal operator for polluting the Houston Ship Channel.

  • March 25, 2024

    Boeing CEO To Exit At Year's End Amid 737 Max Crisis

    The Boeing Co. announced Monday that President and CEO Dave Calhoun will exit the company at the end of the year, and the chair of its board will also step down, as the American aerospace giant overhauls its leadership ranks amid an enduring 737 Max crisis.

  • March 22, 2024

    Robitussin Buyers' Lack Of Receipts Dooms Labeling Cert.

    A New York federal judge on Thursday denied class certification in litigation claiming GlaxoSmithKline lied about the "Maximum Strength" label on certain Robitussin cough syrup products, saying although the plaintiffs' lack of receipts does not warrant GSK's bid for summary judgment, it's enough to dismiss the customers' request for certification.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    Youths Ask 9th Circ. To Allow Climate Trial To Proceed

    Youth plaintiffs called on the Ninth Circuit to once again reject the U.S. government's renewed attempt to block a trial that's set to proceed in Oregon federal court over government policies they claim have exacerbated climate change and imperiled their futures.

  • March 22, 2024

    Social Media MDL Jury Issue Put On Hold For Justices' Ruling

    A California federal judge said Friday that she will await the U.S. Supreme Court's anticipated decision in SEC v. Jarkesy before deciding whether states' claims in multidistrict litigation over social media platforms' allegedly addictive design must go to a jury, after the plaintiffs' counsel argued that the case before the high court could implicate tech companies' Seventh Amendment rights.

  • March 22, 2024

    Apple AirTag Judge Open To Injunctive Cert. In Stalking Suit

    A California federal judge overseeing claims that Apple Inc. failed to safeguard its AirTag tracking device from being abused by stalkers said Friday it's "exceedingly unlikely" a proposed damages class will be certified, but a proposed class seeking injunctive relief is likely to snag certification, at least on some claims.

  • March 22, 2024

    Bestwall Says 'Texas Two-Step' Irrelevant To Asbestos Ch. 11

    Bestwall, the bankrupt asbestos unit of Georgia-Pacific, told the U.S. Supreme Court Friday that a pre-bankruptcy corporate restructuring in Texas that separated its asbestos liability from the parent business should not matter in determining whether a bankruptcy court has jurisdiction over the subsidiary's asbestos injury claims.

  • March 22, 2024

    5th Circ. Axes EPA's PFAS Enforcement Against Plastic Co.

    The Fifth Circuit threw out two enforcement actions against a Texas plastic-container manufacturer that the U.S. Environmental Protection Agency accused of creating perfluoroalkyl and polyfluoroalkyl substances in its manufacturing process, saying the agency exceeded its statutory authority.

  • March 22, 2024

    Final OK Sought For Economic Loss Deal In CPAP Recall MDL

    Users of Philips' recalled CPAP breathing machines have asked a Pennsylvania federal judge to give her final OK to their $467.5 million settlement with the company to cover economic loss claims, arguing only a few objections to the deal remain.

  • March 22, 2024

    Ill. Justices Won't Stop Exec Email Defamation Suit

    A Chicago software company must face a defamation suit over two anonymous, disparaging emails sent to a competitor's executives, Illinois' top justices have ruled, finding a company's reputation can be harmed even by messages sent only to top-level leaders. 

  • March 22, 2024

    200K Toyota Camry Drivers Ink Deal Over Smelly HVAC

    A certified class of 200,000 Toyota Camry XV50 drivers alleging a defect caused their cars' HVAC systems to emit foul odors asked a California federal judge Thursday to preliminarily approve a settlement which includes up to $100 reimbursement for out-of-pocket costs to replace and install charcoal filters. 

  • March 22, 2024

    Firearms Co. Agrees To Dissolve Amid Conn. 'Ghost Gun' Suit

    One of four firearms companies that the Connecticut attorney general sued in 2023 over the online sale of "ghost gun" parts has stopped operating and agreed to dissolve, according to a stipulated judgment that would release Florida-based Steel Fox Firearms Inc. from the litigation.

  • March 22, 2024

    Feds Can't Explain Away Flawed LNG Rule, DC Circ. Told

    Conservation groups and a dozen-plus states are urging the D.C. Circuit to throw out a rule allowing liquefied natural gas to be transported by rail, saying the Pipeline and Hazardous Materials Safety Administration glossed over safety, environmental justice and climate concerns, and now asks for deference it doesn't deserve.

  • March 22, 2024

    Push For Camp Lejeune Jury Trials Seen As Long Shot

    The legal strategy to secure jury trials in the massive Camp Lejeune water contamination case hangs on a single phrase in a special law stating "nothing" shall impair such trials, but the plaintiffs' gambit is a long shot because Congress didn't go far enough in creating a framework for such trials against the government.

Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

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