Product Liability

  • February 09, 2024

    Cigar Co. Doesn't Own 'Dragon' TM, Rival's Dismissal Bid Says

    The defendant in a trademark infringement suit from a cigar company has asked a Florida federal court to dismiss the case, saying that the plaintiff doesn't even own the registered marks it claims were infringed.

  • February 09, 2024

    Costco Sold Listeria-Contaminated Chicken Wraps, Suit Says

    A customer who alleges he fell ill and was hospitalized after eating chicken wraps contaminated with listeria that he bought from Costco filed a putative class action against Costco and two food manufacturers in Florida federal court Friday, asserting claims for negligence and unfair trade practices.

  • February 09, 2024

    Insurer Settles $1.7M Fluorescent Sign Fire Damage Suit

    United Fire & Casualty Co. reached a settlement in its $1.7 million suit against a Texas sign-making company, resolving its bid to recover funds paid to a bed and breakfast after a fluorescent sign caught fire and damaged the property.

  • February 09, 2024

    Social Media Is Now A 'Product,' But Forget New Regs In 2024

    A grassroots parental movement demanding federal regulations to hold social media accountable for harming children is unlikely to see success in Congress this election year, but families are hearing a change in how lawmakers and tech executives call these platforms "products" instead of digital publishers, which could impact how liability claims play out in court.

  • February 09, 2024

    9th Circ. Says Ford Must Face F-350 Crushed Roof Lawsuit

    The parents of a rodeo barrel racer who died when the roof of her F-350 Super Duty pickup caved in during a rollover will get another shot at pursuing their lawsuit against Ford, the Ninth Circuit ruled, saying their design defect claims aren't time-barred under California law.

  • February 09, 2024

    Flint Shouldn't Be 'Yardstick' In Water Cases, 6th Circ. Told

    Children accusing a small Michigan city of botching its response to lead contamination in drinking water told the Sixth Circuit on Thursday their case has been unfairly measured against the Flint water crisis.

  • February 09, 2024

    US Gun Cos. Will Ask Justices To Toss Mexico Trafficking Suit

    Smith & Wesson, Glock, Baretta and other gun companies said during a hearing Friday that they will turn to the U.S. Supreme Court after the First Circuit revived a suit by the Mexican government that seeks to hold the firearms industry responsible for thousands of trafficked weapons.

  • February 09, 2024

    Feds Ask High Court To Block 'Ghost Gun' Exemption

    The federal government is asking the U.S. Supreme Court to step in and block an injunction exempting two companies that sell so-called ghost guns, which lack serial numbers, from a rule classifying the kits as firearms, saying the Fifth Circuit's current ruling creates a loophole that will result in a "flood" of untraceable weapons in the country.

  • February 08, 2024

    Senate Committee Advances FAA Reauthorization Bill

    A U.S. Senate panel on Thursday advanced multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, while also dedicating resources to hiring more air traffic controllers and inspectors, enhancing passenger protections, and integrating more drones and so-called air taxis.

  • February 08, 2024

    $1B DuPont Deal Gets Final OK In Firefighting Foam MDL

    A South Carolina federal judge on Thursday granted final approval to a $1.18 billion settlement involving chemical companies DuPont, Chemours and Corteva over drinking water polluted by so-called forever chemicals, dismissing objections raised by three Washington cities and the North Texas Municipal Water District, among others.

  • February 08, 2024

    DuPont Spinoffs Can't Escape PFAS Suit In NC

    The North Carolina Business Court ruled Wednesday that spinoff companies of DuPont have to pay up if the legacy business is found liable for contaminating the environment with "forever chemicals" in a lawsuit brought by the state attorney general.

  • February 08, 2024

    Industry Stuck With $37M Bill To Fund EPA Chemicals Work

    Chemical companies will have to cover 25% of the U.S. Environmental Protection Agency's costs related to implementing 2016 amendments to the Toxic Substances Control Act — to the tune of $37 million — under a final rule announced Thursday.

  • February 08, 2024

    Drugmaker Challenges W.Va. Abortion Ban In 4th Circ.

    GenBioPro, which makes generic mifepristone, a drug used to end early pregnancies, is urging the Fourth Circuit to reverse a lower court's finding that West Virginia's ban on most abortions is not an unconstitutional obstacle to federal law. 

  • February 08, 2024

    Fla. Justices Won't Reconsider Apex Doctrine Rule

    The Florida Supreme Court on Thursday refused a request from the state's attorney general to reconsider part of a decision formally adopting the apex doctrine, which makes it harder for opposing litigants to depose top officials, and extending its application to the private sector.

  • February 08, 2024

    NTSB Accused Of Withholding Derailed Train Parts

    Rail car leasing firm GATX Corp. and chemical firm OxyVinyls LP asked an Ohio federal judge to force the National Transportation Safety Board to let them examine parts from the Norfolk Southern train that derailed in East Palestine last year, claiming the agency is holding out on them.

  • February 08, 2024

    GolfNow And NBC Hit With Class Action Over Data Sharing

    GolfPass subscribers have hit GolfNow LLC and NBC Universal Media with a proposed class action claiming the companies collect and share consumers' personally identifiable information with Meta without their consent.

  • February 08, 2024

    NYC Jet Skier's Death Suit Not Covered, Insurer Says

    A jet ski tour company's row with the estate of a customer who died while on a tour does not qualify for defense or indemnity coverage, the company's insurer argued to a New York federal court, asserting that the company's alleged errors and omissions preclude coverage under its policy.

  • February 08, 2024

    Kidde-Fenwal's Ch. 11 Fee Examiner OKs $20.4M For 15 Firms

    The fee examiner appointed in fire-suppression company Kidde-Fenwal's Chapter 11 case has recommended that a Delaware bankruptcy judge approve $20.4 million in pay for 15 firms working on the proceedings, after they agreed to cut their requested compensation by about $333,000.

  • February 08, 2024

    Wash. Tribes Sue Chevron, Others Over Climate Impacts

    A pair of western Washington tribes claim ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 have lied to consumers about the harmful climate impacts of their fossil fuel products, imperiling their lands and resources and citizens' health, according to complaints removed to federal court by Chevron.

  • February 08, 2024

    Monsanto Fights $2.25B Verdict After Philly Roundup Trial

    Monsanto is fighting a Philadelphia jury's explosive $2.25 billion rebuke of its Roundup weedkiller in a cancer lawsuit, claiming that the judge overseeing the case made a strong string of unfair rulings such as allowing "inflammatory" testimony and "abusive" cross-examination.

  • February 08, 2024

    Mich. Judge Won't Restore $2.4M Bosch Defeat Device Deal

    Chevrolet Cruze drivers can't salvage a scrapped $2.4 million settlement with an auto parts manufacturer in litigation claiming cars they purchased were equipped with emissions-cheating software, a Michigan federal judge said Wednesday.

  • February 08, 2024

    Morgan Lewis Adds Hawkins Parnell Toxic Tort Litigator In LA

    Morgan Lewis & Bockius LLP is expanding its product liability team, bringing in a Hawkins Parnell & Young LLP mass tort trial attorney as a partner in its Los Angeles office.

  • February 07, 2024

    2nd Circ. Skeptical Of Reviving Investors' Breast Implant Suit

    The Second Circuit on Wednesday wondered whether there was enough evidence to revive a class action lawsuit accusing Allergan Ltd. of downplaying cancer risks linked to the company's breast implants, with the judges questioning investor claims that public statements addressing the concerns left out necessary information. 

  • February 07, 2024

    Fluoride Judge To Attys: 'I Don't Need Perry Mason Moments'

    A California federal judge presiding over a bench trial over fluoridated water's risks agreed to give the parties more time to present their cases Wednesday, but told counsel they haven't been "particularly efficient," and that "I don't need the Perry Mason moments — I just need to get to the issues."

  • February 07, 2024

    Wash. High Court Won't Review J&J Patient Privacy Ruling

    The Washington State Supreme Court won't review a ruling blocking Johnson & Johnson from seeing data on millions of patients in a suit over the opioid epidemic, just weeks after the drugmaker struck a $150 million deal with the state to end the litigation.

Expert Analysis

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Landmark Product Safety Prosecution May Signal Sea Change

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    U.S. v. Chu, a novel prosecution and guilty verdict of corporate executives for failing to report product defects under a consumer safety law, will certainly not be the last case of its kind, and companies will need to prepare for the government’s increasingly aggressive enforcement approach, say attorneys at Cooley.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Evaluating Retroactivity Of Mich. Drugmaker Immunity Repeal

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    In assessing whether a new Michigan law lifting drugmakers' blanket immunity from product liability suits will apply retroactively, there are four key factors that Michigan courts will likely consider, say Sherry Knutson and Brenda Sweet at Tucker Ellis.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

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