Product Liability

  • February 07, 2024

    Xcel, Plaintiffs Spar Over Early Details Of Mass Wildfire Suits

    An attorney for Xcel Energy said Wednesday that a proposed trial plan from the nearly 5,000 plaintiffs seeking to hold the utility liable for a 2021 wildfire is "completely unworkable under Colorado law," teeing up a key dispute over how a state court should handle the unwieldy litigation.

  • February 07, 2024

    Philly Flyers Trainers Dodge Arbitration In Zamboni Cancer Suit

    The Pennsylvania Superior Court has ruled that two Philadelphia Flyers athletic trainers suing the owner of the team's training center for blood cancer related to Zamboni chemical emissions can pursue a jury trial since their employment agreement's arbitration clause only deals with employment-related disputes.

  • February 07, 2024

    Ford Says Explorer Recall Offers Doom Faulty Bolt Suit

    Ford Motor Co. is urging a Washington federal judge to toss a proposed class action accusing the automaker of selling Explorers designed with a single unreliable rear axle bolt, saying the dispute isn't ripe for litigation because the vehicle owners haven't exhausted their options under two ongoing recalls.

  • February 07, 2024

    Surgical Robot Co. Sued Over Internal Burns, Death Of Patient

    A widower is suing Intuitive Surgical Inc. in Florida federal court, alleging the company hid a defect in its da Vinci surgical robots that allowed electricity to arc during his wife's surgery, burning her small intestine and leading to her death.

  • February 07, 2024

    Conn. Judge Won't Stay Unilever Benzene Suit For FDA Input

    A Connecticut federal judge on Tuesday denied Unilever's attempt to pause a proposed class action accusing it of selling dry shampoo products tainted with benzene, saying the company failed to show the U.S. Food and Drug Administration has undertaken any review of such matters that would warrant deference.

  • February 07, 2024

    Acella's $46.5M Drug Recall Settlement Gets Initial Signoff

    A Georgia federal judge on Wednesday gave preliminary approval of a nearly $46.5 million settlement from Acella Pharmaceuticals LLC to end a class action alleging the company sold worthless thyroid medication to hundreds of thousands of Americans.

  • February 07, 2024

    Colgate Can't Brush Off Ad Suit Over 'Recyclable' Toothpastes

    A suit alleging Colgate toothpaste tubes are falsely represented as being recyclable due to being rejected from recovery facilities will move past the dismissal stage, a California federal judge has ruled, finding that the plaintiffs' legal theory is based on "intrinsic characteristics" preventing recycling.

  • February 07, 2024

    Georgia Plaintiffs Boutique Expands After Big Wins

    When Tedra Cannella and Rob Snyder left their Atlanta plaintiffs firm Butler Prather LLP to hang their own shingle two years ago, plaintiffs attorney Alexandra "Sachi" Cole said she wasn't the only one who took notice.

  • February 07, 2024

    5th Circ. Judge Doubts Samsung On Hook For Exploding Vape

    A Texas man injured when a Samsung battery in his e-cigarette exploded faced resistance from a Fifth Circuit judge Wednesday who disputed the idea the technology company could face a state personal injury suit just because its batteries were shipped to the Lone Star State for other purposes. 

  • February 07, 2024

    EPA's Dicamba Reapproval Axed For Failure To Notify Public

    An Arizona federal judge revoked the U.S. Environmental Protection Agency's approval for the weed killer dicamba after finding the agency violated federal law by failing to properly notify and offer the public a chance to comment on the herbicide approvals.

  • February 07, 2024

    Camp Lejeune Plaintiffs Can't Get Jury Trial In Water Suit

    A group of North Carolina federal judges overseeing the Camp Lejeune contaminated-water litigation have struck the plaintiffs' bid for a jury trial, finding the Camp Lejeune Justice Act does not clearly and affirmatively grant a right to a jury trial in an action against the government.

  • February 07, 2024

    Imerys, Cyprus Mines Get Extension For Ch. 11 Mediation

    A Delaware bankruptcy judge Wednesday gave bankrupt talc supplier Imerys Talc America and its former owner Cyprus Mines another three weeks in mediation to try to resolve what they said were outstanding insurance issues and prepare for a creditor vote on their Chapter 11 plans.

  • February 07, 2024

    EPA Says Stricter Soot Requirement Needed For Air Quality

    The U.S. Environmental Protection Agency on Wednesday tightened federal standards for fine particulate matter pollution, touting the action's health and economic benefits.

  • February 06, 2024

    Calif. Lawmakers Pitch New Psychedelics Treatment Bill

    California lawmakers on Tuesday introduced a bipartisan proposal to regulate the therapeutic administration of nature-derived psychedelics after the governor vetoed a previous proposal last year.

  • February 06, 2024

    737 Max In Alaska Air Blowout Had 'Missing' Bolts, NTSB Says

    A mid-cabin panel that blew off a Boeing 737 Max 9 jet mid-flight last month appeared to have been missing four bolts meant to secure it in place, before the aircraft was ever delivered to Alaska Airlines, the National Transportation Safety Board said in a preliminary report Tuesday.

  • February 06, 2024

    Nissan Can't Make Supplier Pay $25M Award, 6th Circ. Says

    Nissan can't offload onto a brake supplier a $25 million award stemming from a fatal car crash, the Sixth Circuit ruled Tuesday, saying the jury found the braking system "as a whole" to be defective and not just parts supplied to the automaker.

  • February 06, 2024

    JPML Consolidates Suboxone Dental Decay Suits In Ohio

    The Northern District of Ohio will host consolidated cases brought against Indivior, Reckitt Benckiser and others alleging the companies failed to warn users of opioid addiction treatment Suboxone that it causes dental decay, according to an order from the U.S. Judicial Panel on Multidistrict Litigation joining 15 suits.

  • February 06, 2024

    Toyota Sued For Fraud Over Maintenance Plan's Value

    Toyota allegedly deceived thousands of customers by falsely claiming its maintenance plan had a "superior value" to paying for each service individually, according to a proposed class action filed in California federal court Monday.

  • February 06, 2024

    Meta, Snap Want Schools' Social Media MDL Suit Tossed

    Meta, Snap and other social media giants asked a California federal judge Monday to toss claims by schools and local governments over expenses incurred addressing the purported harms to students from the addictive features of their platforms, arguing the claims are barred by the First Amendment and the Communications Decency Act.

  • February 06, 2024

    Thousands Hit Feds With Third Suit Over Fuel Spill

    More than 2,200 military family members and civilians hit the U.S. government with a third suit over the Navy's allegedly negligent role in causing and responding to a large fuel leak affecting drinking water systems serving Joint Base Pearl Harbor-Hickam, Hawai'i

  • February 06, 2024

    Hose Maker Can't Escape Suit Over Sulfuric Acid Burns

    An Ohio appeals court has revived a man's injury claims against Gates Corp. over acid burns he suffered when a hose made by the company burst, saying his state-law claims are not preempted by the federal Hazardous Materials Transportation Act.

  • February 06, 2024

    Water Brand Owes Over $129M For Liver Failures, Jury Finds

    A Las Vegas jury awarded more than $129 million Tuesday to five people who developed liver failure after drinking "alkalinized" Real Water, $100 million of it in punitive damages.

  • February 06, 2024

    Denka Says EPA's Air Pollution Enforcement Must Fail

    A Louisiana neoprene manufacturer urged a federal court Monday to toss the U.S. Environmental Protection Agency's lawsuit alleging some of the company's air emissions pose a health threat to the surrounding community.

  • February 06, 2024

    King & Spalding Hires Longtime Hollingsworth Litigator In DC

    King & Spalding LLP has hired a longtime Hollingsworth LLP partner, who joins the firm with decades of experience working on product liability and related issues, the firm announced Tuesday.

  • February 06, 2024

    Rust-Oleum Customers Get Class Cert. In Greenwashing Suit

    Rust-Oleum customers secured class certification in litigation accusing the company of greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly," shortly after a California federal magistrate judge denied the company's attempt to exit the false advertising case.

Expert Analysis

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

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    A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Analyzing 1 Year Of Comments On FTC's Green Guides

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    A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

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