Product Liability

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    OptumRx Can't Get Motley Rice Disqualified From Opioid MDL

    An Ohio federal judge has denied a bid by pharmacy benefit manager OptumRx to disqualify Motley Rice LLC from representing plaintiffs in the national opioid litigation, saying the company hasn't shown that the firm's prior representation of states investigating opioids puts the company at a disadvantage in the multidistrict litigation.

  • March 19, 2024

    Consumers Rip Nestle's Latest Early Win Bid In False-Ad Suit

    A proposed class of bottled water drinkers have torn into Nestle Waters North America Inc.'s third attempt to shut down their claims that the company's Poland Spring brand water is deceptively marketed because it is not actually spring water, arguing Nestle's early win bid "strains or ignores a mountain of evidence."

  • March 18, 2024

    Gasket Maker That Sued Asbestos Lawyers Faces SC Trial

    A major gasket maker that has previously sued asbestos lawyers for unfairly targeting it went to trial in South Carolina on Monday against claims by a mesothelioma patient's widow that the company skipped necessary safety testing.

  • March 18, 2024

    Doc Production Is 'Not That Hard,' MDL Judge Tells Snap's Atty

    A California magistrate judge laid out incentives Monday to spur depositions and document production in multidistrict litigation over social media's allegedly addictive design, rejecting defense counsel's arguments the incentives are "lopsided," and telling Snap's counsel document production is "not as hard as you're saying it is."

  • March 18, 2024

    Feds Try To Shake Off Youths' Constitutional Climate Suit

    The government has asked a California federal judge to dismiss a group of children's lawsuit alleging the Constitution guarantees "a life-sustaining climate system" and the U.S. Environmental Protection Agency allows unsafe levels of climate pollution.

  • March 18, 2024

    How A Car Crash And 20 Years Of Litigation Ended With $25M

    A $25.5 million verdict returned by a Georgia jury for the family of a woman killed in a 2003 taxi crash was the result of decades of litigation perseverance, with more work ahead to help ensure that a similar tragedy does not occur, her family's lawyer told Law360.

  • March 18, 2024

    Bayer Beats False-Ad Suit Over 'Honey Lemon Zest' Cold Med

    A New York federal judge on Monday tossed without leave to amend a proposed class action accusing Bayer Healthcare LLC of falsely claiming that its Alka-Seltzer Plus brand over-the-counter severe cold medication contains honey and lemon, saying the product's packaging reflects flavoring and not actual ingredients.

  • March 18, 2024

    4th Circ. Sends Opioid 'Nuisance' Question To W.Va. Top Court

    The Fourth Circuit asked West Virginia's high court Monday to determine whether the state's public nuisance law can be used to target companies that shipped drugs to pharmacies in a community ravaged by addiction, a crucial question in litigation spawned by the opioid crisis.

  • March 18, 2024

    Conn. Pharmacy, FDA Say They've Settled Suit Over Probe

    Medication compounding firm SCA Pharmaceuticals and the U.S. Food and Drug Administration together have asked a Connecticut federal judge to dissolve an emergency temporary restraining order blocking the agency from publishing comments related to its contested investigation of the pharmacy, with the parties saying they have executed a settlement.

  • March 18, 2024

    Amazon, Bumkins Accused Of Not Flagging 'Superbibs' Chemical

    Amazon and baby products manufacturer Bumkins Finer Baby Products face a lawsuit in California state court alleging they sell DC Comics-themed "Superbibs" meant for feeding infants without warning customers as the law requires that they contain perfluorooctanoic acid, a "forever chemical" that may cause certain cancers and reproductive problems.

  • March 18, 2024

    Tesla Trial To Test Bounds Of Autonomous Cars' Future

    An upcoming California trial seeking to hold Tesla accountable for the death of a driver who had been playing games on his cellphone while his vehicle was in Autopilot may force the auto industry to recalibrate its approach to advanced driver-assistance systems, as developers pushing fully autonomous transportation stare down the threat of new legal landmines, experts say.

  • March 18, 2024

    Apple Beats Most Claims In AirTag Stalking Suit, For Now

    A California federal judge has dismissed the majority of a proposed class action accusing Apple of not doing enough to safeguard its AirTag tracking device from being abused by stalkers, saying that apart from a few negligence and product liability claims under Golden State law, the rest need to be reworked.

  • March 18, 2024

    Pabst Gets Calif. Judge To Can 'Olympia Beer' False Ad Suit

    A California federal judge sided with Pabst Brewing Co. on Monday in a consumer's false advertising suit, finding that the label of its now-defunct Olympia Beer was unlikely to mislead a reasonable consumer into thinking the lager was brewed in Washington using Pacific Northwest water.

  • March 18, 2024

    Kimberly-Clark Gets OK For $6M Deal Over Tainted Wipes

    A Texas federal court has granted final approval to a deal worth as much as $17 million — with $3.6 million going to plaintiff attorney fees — that would resolve claims that paper products manufacturer Kimberly-Clark sold flushable wipes contaminated with a bacteria particularly dangerous to those with weak immune systems.

  • March 18, 2024

    Plaintiffs Call For Sanctions Over PFAS MDL Deal Threat

    A proposed class in multidistrict litigation against DuPont and others alleging they contaminated drinking water with PFAS chemicals is urging a South Carolina federal court to sanction attorneys for a California water service, saying they violated court rules in their latest objections to a settlement.

  • March 18, 2024

    Can EPA Shut Down State Air Plans? The Battle Isn't Over

    The D.C. Circuit reversed some U.S. Environmental Protection Agency vetoes of state air quality plans that gave power plants and other facilities a break when they exceed air emissions limits when they're starting up, shutting down or malfunctioning, but the court's decision wasn't a complete loss for the EPA and opened avenues for new litigation.

  • March 18, 2024

    EPA Bans Most Common Asbestos In 'Cancer Moonshot' Rule

    The U.S. Environmental Protection Agency on Monday finalized a ban on the most prevalent variety of asbestos, the first asbestos risk management rule issued since the Toxic Substances Control Act was amended in 2016.

  • March 18, 2024

    Chicago Can Keep $26M Willis Tower Suit In Federal Court

    A federal judge in Illinois has declined to send a $26 million lawsuit against the City of Chicago over rain damage at Willis Tower back to state court, finding the Metropolitan Water Reclamation District of Greater Chicago acts under federal authority in maintaining the minimum water levels dictated by the U.S. Army Corps of Engineers.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    Awning Maker Can't Shade Itself From CPSC Defect Lawsuit

    Awning maker SunSetter can't evade claims it concealed an allegedly deadly defect by arguing that the U.S. Consumer Product Safety Commission is unconstitutional, a Massachusetts federal judge ruled, leaning on a Fifth Circuit ruling that may not be long for this world.

  • March 15, 2024

    ​​​​​​​Chiquita MDL Experts Aren't Reliable, Parties Say

    A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.

  • March 15, 2024

    Aircraft Co. Says Charter Co. Shifting Blame For Fatal Crash

    A Washington judge has consolidated five lawsuits linked to a 2022 seaplane accident that killed 10 people, rejecting opposition from De Havilland Aircraft of Canada Ltd., which said a co-defendant flight company is trying to pin the blame on the plane manufacturer.

  • March 15, 2024

    Boeing Supplier Sued Over 737 Max Door Plug's Missing Bolts

    A new lawsuit in Washington state court over a Boeing 737 blowout that endangered an Alaska Airlines flight takes aim at Spirit AeroSystems, the manufacturer of the door plug that ruptured from the fuselage, for allegedly not installing necessary bolts and fittings.

  • March 15, 2024

    Enfamil Maker Hit With $60M Jury Verdict In Infant Death Suit

    An Illinois jury has awarded $60 million to the mother of an infant who died after using Mead Johnson's Enfamil formula, a loss for the company in the first of hundreds of suits to go to trial alleging certain cow's milk-based formulas cause a fatal illness in premature infants. 

Expert Analysis

  • 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.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Opinion

    Time To Ban Deferred Prosecution For Fatal Corporate Crime

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    As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.

  • Why Hemp-Synthesized Intoxicants Need Uniform Regs

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    State laws regulating hemp-synthesized intoxicants are a patchwork with little consistency between any given state, and without the adoption of a uniform regulatory framework, producers and consumers alike will need to be very cautious, say Dylan Anderson and Seth Goldberg at Duane Morris.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

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