Product Liability

  • February 15, 2024

    Court Mulls If Claims Buyer Qualifies For Special Ch. 11 Trust

    A Delaware bankruptcy judge on Thursday considered whether a company that pursues claims on behalf of medical insurers and healthcare organizations can be paid from a specialized opioid trust created by the 2022 Chapter 11 plan of Irish pharmaceutical company Mallinckrodt PLC.

  • February 15, 2024

    Judge Says Jurors Can See J&J Ads In Talc Trial

    A Florida judge on Thursday said decades-old advertisements for Johnson & Johnson baby powder are relevant to potential punitive damages in a talc trial and he would not shield jurors from seeing them, but he scolded the company for not opting for a two-part trial on liability and punitive damages.

  • February 15, 2024

    9th Circ. Won't Revive Honda AC Warranty, Fraud Claims

    The Ninth Circuit has said it won't revive a breach of implied warranty suit against American Honda Motor Co. Inc. alleging it sold vehicles with faulty air conditioners, holding the proposed class of buyers hasn't shown that its members have a special relationship with the company.

  • February 15, 2024

    GM Fuel Pump Class Can't Take Second Go At Multistate Cert

    A Michigan federal judge has ruled that drivers alleging General Motors sold them vehicles with faulty fuel pumps cannot toll some of their claims or try for a second round of certifying a multistate class, concluding that the "unusual" request was not supported by case law.

  • February 15, 2024

    Med Monitoring Claims In Philips MDL Sent Back For Review

    The judge overseeing multidistrict litigation over Koninklijke Philips NV's recalled breathing machines has declined a special master's recommendation to trim claims seeking medical monitoring for some users, instead sending the case back for a deeper look at which states would allow such claims or whether they required proof of physical injury.

  • February 15, 2024

    4E Agent Floats Plan To Hand Disputed Atty Fees To Creditors

    The Chapter 11 agent for hand sanitizer maker 4E Brands Northamerica LLC has asked a Texas bankruptcy judge to approve a modified reorganization plan that would allow unsecured creditors to recover fees that Jackson Walker LLP may be forced to disgorge over an ethics scandal involving a former partner.

  • February 15, 2024

    Pearl Harbor Cleanup Needs Fuller Accounting, Watchdog Says

    Cleaning pollution from fuel spills near the U.S. Navy base at Pearl Harbor, Hawaii, could take decades, but the U.S. Department of Defense's reports to Congress only include cost estimates through this year, making planning difficult, a government watchdog has warned.

  • February 14, 2024

    'Stupid' To Grant Baby Food Mass Tort Fees Now, Judge Says

    A California judge said Wednesday that he thinks it is "stupid" to grant food companies, including Walmart, more than $600,000 in legal costs following their win in a lawsuit alleging a child's autism was caused by heavy metals in baby food, but it is unclear what the law requires.

  • February 14, 2024

    EPA Says Farmers Can Still Use Existing Stocks Of Dicamba

    The U.S. Environmental Protection Agency issued an order Wednesday that allows farmers to use the weed killer dicamba if it was already packaged and ready to go before an Arizona federal judge revoked the EPA's approval of the popular herbicide last week.

  • February 14, 2024

    'Addictive' Tinder, Hinge Apps Break Hearts, V-Day Suit Says

    Match Group intentionally designs its Tinder and Hinge dating apps to be addictive in order to lock users into a "perpetual pay-to-play loop," prioritizing profits over its marketing promises of helping people make romantic connections, according to a proposed class action filed in California federal court on Valentine's Day.

  • February 14, 2024

    Alcon Can't Dodge Suit Over Eye Drops' '30 Day Supply' Claim

    Alcon Laboratories can't escape a proposed class action alleging it falsely claims that its Pataday eye drops have a "30 Day Supply," after a New York federal judge said Wednesday that reasonable consumers could understand the label as assuring that the product, if used as directed, would last 30 days.

  • February 14, 2024

    NJ Town Looks To Stay 'Historic' $393M PFAS Settlement

    A New Jersey town is looking to pause the final approval of a proposed $393 million settlement between the Garden State and the American arm of Belgian chemical company Solvay over "forever chemical" contamination, arguing the state and its outside counsel have ignored the law in order to settle quickly.

  • February 14, 2024

    NYC Sues Facebook, Social Media Cos. Over Teen Addiction

    New York City on Wednesday became the latest government entity to accuse social media giants such as Facebook, TikTok and YouTube of purposefully hooking youth on their platforms and driving a mental health care crisis by designing their apps to mimic gambling and tobacco industry tactics in a California state court suit.

  • February 14, 2024

    French-Door Fridge Buyers Sue Whirlpool Over Broken Panels

    Refrigerator buyers claim Whirlpool Corp. designed its french-door fridges in such a way that causes the front-facing ice and water control panel to become totally useless, often resulting in an expensive repair or the consumer buying a new one, according to a complaint filed in Delaware federal court.

  • February 14, 2024

    South Jersey Agency Must Face Suit Over Fatal Tollbooth Crash

    A New Jersey appeals court on Wednesday declined to let the South Jersey Transportation Authority escape a suit over a fatal car crash at a toll plaza, saying the trial court didn't abuse its discretion by allowing the family to file a late notice of claim after receiving video of the crash.

  • February 14, 2024

    10th Circ. Revives Suit Accusing Valero Of Okla. Pipeline Leak

    The Tenth Circuit has partially revived an Oklahoma cattle ranch's lawsuit against Valero Energy Corp. alleging a pipeline leak contaminated its property, saying an Oklahoma federal judge misinterpreted state law when he tossed the ranch's nuisance and negligence claims.

  • February 14, 2024

    Fisher-Price, Mattel Settle MDL Over Recalled Baby Sleeper

    Fisher-Price and parent company Mattel have reached a settlement with a class of consumers who claimed the Rock 'n Play Sleeper was falsely advertised as safe for infants to sleep in despite several deaths related to the product.

  • February 14, 2024

    Dentists Can't Get Class Certification In SmileDirectClub Suit

    A Tennessee federal judge has denied a bid from a group of dentists seeking class certification in their false advertising suit against SmileDirectClub LLC, saying proving an injury and damages would involve too many individualized questions to support class treatment.

  • February 13, 2024

    Fluoride Can Harm Brain, EPA Scientist Says As Trial Wraps

    The government wrapped its defense Tuesday in a California federal bench trial over environmental groups' efforts to ban fluoride in America's drinking water, with the government's final witness acknowledging under cross-examination that fluoride is capable of causing "neurodevelopmental harm."

  • February 13, 2024

    6th Circ. Backs Drugmakers' Early Win In Diabetes Drug MDL

    The Sixth Circuit on Tuesday affirmed an early victory for AstraZeneca Pharmaceuticals LP, Bristol Myers Squibb Co. and McKesson Corp. in multidistrict litigation alleging the diabetes drugs they manufacture, Onglyza and Kombiglyze, cause heart failure, holding that a lower court had multiple "good reasons" for finding the plaintiffs' expert's testimony unreliable.

  • February 13, 2024

    Tesla Fights To Send False EV Mileage Fight To Arbitration

    Tesla urged a California federal judge Tuesday to send to arbitration two proposed class actions alleging that the company falsely advertised inflated mileage ranges for its electric vehicles at the direction of CEO Elon Musk, arguing that the car owners agreed to arbitrate their disputes when they ordered the vehicles.

  • February 13, 2024

    Stronger Evidence Needed In Asbestos Case, Panel Says

    A Washington man's evidence that his employer knew of the risk of getting mesothelioma from asbestos exposure at an aerospace company's plant didn't demonstrate the company had "actual knowledge" he was going to be injured, a state appellate panel has ruled.

  • February 13, 2024

    Wyndham Gets Default Win In Timeshare Exit Suit

    A Florida federal judge has granted Wyndham Vacation Ownership Inc. a default victory in its lawsuit accusing multiple companies of levying unnecessary fees to help customers exit their timeshares, after adopting a magistrate's report and recommendation when one company failed to respond.

  • February 13, 2024

    Judge Says Suit Over Dyson Warranties Relies On 'Conjecture'

    An Illinois federal judge on Tuesday tossed a putative class action accusing Dyson of withholding warranty coverage if consumers don't use specific repair services or try to make repairs themselves, ruling there was a "striking mismatch" between the lead plaintiff's theories of liability and her purported injury.

  • February 13, 2024

    Samsung Echoes LG Chem In Vape Battery Arguments

    Samsung told a Houston appellate court Tuesday that it shouldn't be held liable for injuries a man incurred after a lithium-ion battery exploded in his pocket, saying the case fell outside the scope of recent battery explosion cases state courts have been wrangling with, despite making substantially similar arguments to the panel.

Expert Analysis

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • The Section 230 Immunity Provision Debate Continues

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    The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.

  • Opinion

    Why Justices Should Protect Public From Bump Stocks

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    In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.

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