Product Liability

  • March 14, 2024

    Mont. Youths Urge State High Court To Uphold Climate Ruling

    A group of youth plaintiffs on Wednesday urged the Montana Supreme Court to uphold a state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions.

  • March 14, 2024

    Ford Slammed For Bid To 'Sidestep' Faulty Axle-Bolt Suit

    Two Washington SUV owners suing Ford for allegedly slacking on safety in newer Explorer models have accused the vehicle maker of trying to "sidestep liability" in their proposed class action by pointing to two recalls that didn't address the design flaw at issue.

  • March 14, 2024

    Fla. High Court Denies Atty Reinstatement After Bar Objection

    Florida's high court on Thursday denied the reinstatement of a Jacksonville-area attorney who was suspended after filing numerous unauthorized tobacco-related claims, saying he failed to produce "clear and convincing evidence" that he was rehabilitated after selling his firm to a longtime acquaintance under whom he was to be supervised.

  • March 14, 2024

    Sidley Product Liability Ace Jumps To Shook Hardy In LA

    Shook Hardy & Bacon LLP has brought on a longtime Sidley Austin LLP partner and practice co-chair with expertise in large, high-stakes class action litigation and product liability around pharmaceuticals, medical devices and more to its product liability practice group in Los Angeles.

  • March 14, 2024

    NJ Law Firm Avoids Malpractice Suit Over Texas Kratom Death

    A Lone Star State appeals court let the New Jersey-based Oshman Firm LLC off the hook on jurisdictional grounds Thursday in a malpractice lawsuit filed by a Texas father who faulted the firm for not filing a wrongful death lawsuit before the statute of limitations expired.

  • March 14, 2024

    In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit

    Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.

  • March 14, 2024

    Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'

    A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.

  • March 14, 2024

    Whirlpool Can't Toss Defect Suit Over Ice Buildup In Fridges

    A California federal judge has declined to throw out a putative class action claiming Whirlpool hid a defect in its refrigerators that led to cooling failures due to frost buildup, finding the suit sufficiently alleged Whirlpool knew of the problem since it issued technical service pointers noting customers could possibly experience buildup.

  • March 14, 2024

    EPA Slashes Ethylene Oxide Emissions Levels For Sterilizers

    The U.S. Environmental Protection Agency on Thursday finalized new Clean Air Act standards that it said will reduce emissions of ethylene oxide from commercial sterilization facilities by 90%, an action the agency said is necessary to help reduce the impact of the carcinogen on communities.

  • March 13, 2024

    Netflix Doesn't Want 'Hatchet Wielding' Killer In Suit Either

    While Netflix disputes that it defamed a Kentucky man for his appearance in its true-crime documentary titled "The Hatchet Wielding Hitchhiker," the streaming giant does agree with the plaintiff in the case that the real hatchet-wielding hitchhiker doesn't belong in the lawsuit.

  • March 13, 2024

    EPA Designates First Navajo Nation Superfund Site

    The U.S. Environmental Protection Agency is adding the Lukachukai Mountains Mining District in northeastern Arizona to its National Priorities List, with the district's uranium mining waste piles marking the first designated Superfund site on the Navajo Nation.

  • March 13, 2024

    Mich. Justice Torn Over 'Unfairness' Of Law In Treadmill Suit

    A Michigan Supreme Court justice on Wednesday seemed sympathetic to the plight of a woman who was injured when she fell off a treadmill because federal court proceedings affected her ability to timely bring state claims but said he didn't think the state's top court could tackle the likely legislative issue.

  • March 13, 2024

    Judge Says 'Exotic' Camp Lejeune Files Must Stay Intact

    A North Carolina federal judge ruled that the federal government must produce water modeling project files in litigation over alleged injuries caused by decades-long water contamination at Marine Corps Base Camp Lejeune, ordering the government to avoid changing the format of some "exotic" files that could make them harder to parse.

  • March 13, 2024

    Juul Investor Tells Chancery: 'We Were Trying To Help'

    A director of Juul Labs Inc. denied on Wednesday that he kept the company out of bankruptcy in 2022 to profit from his own investments, telling Delaware's Chancery Court that he helped Juul refinance and backstopped millions worth of settlements because he wanted the e-cigarette company to succeed.

  • March 13, 2024

    Autism Claims Tossed In Lockheed Martin Toxic Land Suit

    A Florida federal judge has thrown out autism-related claims in a suit alleging Lockheed Martin Corp.'s weapons factory in Orlando leaked toxic chemicals, saying the science underlying the plaintiffs' expert's opinion "is just not there."

  • March 13, 2024

    HP Says It's Upfront About Blocking Ink Cartridges

    HP has urged an Illinois federal judge to throw out consumers' claims that it has a monopoly over the replacement-ink cartridge market and used software updates to block consumers from using cheaper rival cartridges in HP printers, saying it "goes to great lengths" to disclose that its printers are intended to work only with cartridges that have an HP security chip.

  • March 13, 2024

    Flint Found In Contempt Over Lead Pipe Replacement Delays

    A Michigan federal judge has found the city of Flint in contempt for dragging its heels on court orders to replace the city's lead pipes after a 2017 settlement, finding that its belated, partial compliance was not enough to avoid the sanction.

  • March 12, 2024

    'Schrodinger's Gun' Beats ATF Bid To Defeat Pistol-Brace Suit

    A firearms retailer can move forward with its lawsuit challenging the Biden administration's rule change classifying pistols fitted with stabilizing braces as short-barreled rifles, a Florida federal judge ruled, saying the "bar for overcoming" a Second Amendment claim "has recently been raised — significantly."

  • March 12, 2024

    Quaker Hit With False Ad Suit Over Pesticide In Oat Products

    The Quaker Oats Co. faces a proposed class action in Illinois federal court alleging it markets its oat-based foods as being safe, healthy and nutritious while touting its commitment to high quality standards, despite omitting the risk of a toxic chemical pesticide in its products.

  • March 12, 2024

    Amazon Denies Concealing Texts In Alexa Users' Privacy Suit

    Amazon has rebuffed claims that it withheld text messages in a proposed class action brought by unregistered Alexa users who alleged they were illegally recorded, arguing the plaintiffs accused the technology giant of yet another failure as discovery closes to "cast aspersions on Amazon's diligence and motives."

  • March 12, 2024

    NY Jury Rules Some Claims About Prevagen Are Misleading

    A New York federal jury said some statements made by Quincy Bioscience about its memory booster Prevagen were misleading to consumers but found that most statements about the supplement were made on solid grounds.

  • March 12, 2024

    Tire Cos. Seek Exit From Salmon-Harming Chemical Suit

    A dozen tire companies are asking a California federal judge to toss a suit claiming a rubber additive is harming protected salmon, arguing that the litigation stretches the Endangered Species Act "beyond its breaking point" and that regulation of the substance belongs with the U.S. Environmental Protection Agency, not in courts.

  • March 12, 2024

    'Ghost Gun' Co. Sued In Mich. For Selling To Teen Shooter

    A Michigan resident who was shot by his friend with a handgun made using a do-it-yourself kit has sued a leading supplier of so-called ghost gun kits in state court, alleging the company was negligent by allowing a 17-year-old to buy a gun kit without making sure he was legally able to buy a firearm.

  • March 12, 2024

    Camp Lejeune Water Plaintiffs Push For Jury Denial Appeal

    The plaintiffs suing the U.S. government over contamination of water at Camp Lejeune are urging a North Carolina federal court to allow them to appeal an order striking their bid for a jury trial, arguing there is substantial room for disagreement over whether the Camp Lejeune Justice Act allows for jury trials.

  • March 12, 2024

    Walgreens, Kenvue Unit Sued Over Benzene In Acne Products

    Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.

Expert Analysis

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • FDA's Lab-Developed Test Rule Faces High Hurdles

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    The U.S. Food and Drug Administration's recently announced plans to explicitly regulate lab-developed tests will likely face resistance from industry stakeholders and congressional actions, and lead to significant litigation, say attorneys at Hogan Lovells.

  • Justices Could Use Purdue To Resolve Related Circuit Split

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    The U.S. Supreme Court will soon hear Harrington v. Purdue Pharma to determine the validity of nonconsensual third-party releases in bankruptcy, but justices should also take the opportunity to resolve a related circuit split over the constitutional authority of bankruptcy judges to issue final rulings on such releases, says Benjamin Feder at Kelley Drye.

  • Cases Linking Baby Food, Autism Pose Causation Challenges

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    Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.

  • Suits Likely Over Nevada Law Limiting Claimant Injury Exams

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    A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • Auto Defect Damages Should Factor In Supply Conditions

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    Automotive defect class action plaintiffs commonly seek damages based on the theory that an undisclosed defect made a vehicle worth less than its purchase price — but the methods that plaintiff experts commonly use to calculate such damages are insufficient, because they do not incorporate supply conditions, says Jon Tomlin at Ankura Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Pesticide Labeling Bill, 9th Circ. Case Could Cut Prop 65 Suits

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    Both a pending bill in the U.S. House of Representatives and a case currently on appeal before the Ninth Circuit could constrain California's ability to require Proposition 65 warnings on pesticide products — thus potentially preventing numerous lawsuits and bringing relief to businesses across the country, say attorneys at Alston & Bird.

  • The Likable Witness: 6 Personality Archetypes To Cultivate

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    During pretrial witness preparation sessions, a few key methods can help identify the likable personality type a witness intuitively expresses, which can then be amplified at trial to create an emotional connection with jurors, says Gillian Drake at On Trial Associates.

  • Greenwashing And 'Greenhushing': Lessons For Fashion Cos.

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    While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • The Likable Witness: Key Traits And Psychological Concepts

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    Though witnesses must appear credible to juries, they should also be likable in order to make an emotional connection, and certain gestural, behavioral and psychological aspects of their testimony can be modified to improve their perceived likability, says Gillian Drake at On Trial Associates.

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