Product Liability

  • 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.

  • February 13, 2024

    United Airlines Seeks Exit In 'Sustainable' Fuel Suit

    Passengers can't pursue state fraud claims against United Airlines Inc. over its allegedly deceptive marketing pledge to use "sustainable aviation fuel," the air carrier has told a Maryland federal judge, arguing that federal law preempts such claims.

  • February 13, 2024

    NY Court Refuses To Toss E. Coli Suit Against Salad Chain

    A New York appellate panel on Tuesday refused to toss a suit seeking to hold Chopt Creative Salad Co. LLC liable for a woman's E. coli food poisoning, allegedly due to eating contaminated spinach in a sandwich, saying that she had shown sufficient testimony and tests to go to trial.

  • February 13, 2024

    J&J Hid Cancer Risk From Consumers, Fla. Jury Told

    Johnson & Johnson has known for decades that its baby powder contains asbestos and is linked to cancer, a Miami jury was told Tuesday in a suit seeking to hold the company liable for the death of an anesthesiologist who used the talcum powder daily for 50 years.

  • February 13, 2024

    Mass. Attys Welcome New Guardrails On Trial Time Limits

    Massachusetts attorneys largely welcomed a recent decision by the state's high court blessing time limits in certain situations in civil trials, citing the ruling's helpful guidance and limitations that will likely make ticking clocks less common in state courts than their federal counterparts.

  • February 13, 2024

    Campbell Soup Sued For Claiming V8 Splash Is 'Healthy'

    Campbell Soup Co. is misleading customers into thinking its V8 Splash beverages are healthy and nutritious despite containing little to no actual fruit juice and consisting mostly of artificially-flavored "sugar water" and high-fructose corn syrup, according to a proposed class action filed in California federal court.

  • February 13, 2024

    BMW Settles Defective Crash System Suit

    BMW reached a settlement Monday ending an Atlanta-area woman's lawsuit claiming its series 328i was defectively designed and caused her to be thrown out of the car during a rollover crash, according to court records.

  • February 13, 2024

    Ky. Alleges Kroger Had 'Outsized' Role In State's Opioid Crisis

    Kentucky Attorney General Russell Coleman accused the Kroger Co. and two subsidiaries of ignoring red flags and suspicious orders as opioids devastated the state, alleging in a new suit the massive grocery and pharmacy chain violated nuisance and consumer protection laws.

  • February 12, 2024

    9th Circ. Sends Sports Buyers' Data Breach Suits To Arbitration

    The Ninth Circuit on Monday backed a California federal judge's ruling that a group of consumers must arbitrate their claims in six proposed class actions against online sports apparel retailers after their personal information was exposed in a data breach.

  • February 12, 2024

    EPA Scientist Rips Fluoride IQ Links As 'A Lot Of Uncertainty'

    A U.S. Environmental Protection Agency scientist testifying in a California federal bench trial Monday over fluoride's risks criticized studies showing links between fluoride exposure and IQ drops, saying repeatedly there's "a lot of uncertainty" regarding the studies' data and the "evidence is weak."

  • February 12, 2024

    Judge Tells DOJ, VW To Plan For Release Of Jones Day Docs

    A California federal judge has instructed the U.S. Department of Justice and Volkswagen to come up with a plan to release certain confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal.

  • February 12, 2024

    7th Circ. Says Plaintiffs' Strategy Doomed Lead Paint Appeal

    The Seventh Circuit has largely rejected a bid to revive toxic tort cases brought by roughly 170 plaintiffs allegedly harmed by lead paint pigment, saying a trial ruling dashing some members' claims applied broadly to almost the entire group.

  • February 12, 2024

    Ex-Flight Attendant Wants JetBlue Sanctioned In Docs Fight

    JetBlue Airways Corp. should be held in contempt of court and sanctioned for failing to turn over documents in a former flight attendant's lawsuit over allegedly toxic fumes that she inhaled on the job, she and her husband have told a Connecticut federal court in a motion to force the airline's compliance with a subpoena.

  • February 12, 2024

    Mercedes-Benz Drivers Say Veneer Wood Cracks In New Suit

    Mercedes-Benz Group AG has been hit with a putative class action alleging that an interior trim option on its vehicles is defective and prone to cracking after extended use, a flaw reportedly affecting more than 100,000 vehicles.

  • February 12, 2024

    Bioenergy Cos. Beat Ohio Towns' Ammonia Emissions Suit

    An Ohio federal judge on Monday dismissed a Clean Air Act citizen lawsuit filed by two Ohio communities against a pair of bioenergy companies for allegedly polluting the air with ammonia emissions, reasoning the state Environmental Protection Agency already sued the companies.

  • February 12, 2024

    EBay Not Sold On Feds' Illegal Goods Suit

    EBay Inc. has told a New York federal judge that the federal government's lawsuit accusing it of facilitating the sale of products in violation of environmental laws would bring about an "unprecedented expansion" of the statutes' power if the claims are allowed to proceed.

  • February 12, 2024

    Exxon Defends Expert's Testimony In Conn. Benzene Suit

    Exxon on Friday hit back at a bid for sanctions brought by the estate of a man who died of leukemia allegedly due to exposure to defective gasoline, telling a Connecticut state court that its expert "did not testify falsely — period" at trial.

  • February 09, 2024

    Social Media Addiction MDL Gets Date For First Bellwether

    The California federal judge overseeing multidistrict litigation accusing Facebook and other social media platforms of harming young people by purposely making their platforms addictive has set a late 2025 date for the first bellwether trial.

  • February 09, 2024

    Amazon Can Keep Suicide Appeal, Despite Official's Doubts

    A Washington State Supreme Court official said Friday he believed Amazon shouldn't be able to end claims it sold chemicals people used to kill themselves, but would nevertheless allow the e-commerce giant to contest rulings that allowed the suits to proceed.

  • February 09, 2024

    Brown Prof Testifies That Fluoride IQ Studies Have Gaps

    A Brown University epidemiologist testified Friday on behalf of the U.S. Environmental Protection Agency in a bench trial over fluoride's risks Friday that there are data "gaps" in studies linking fluoride exposure to lower IQ, while acknowledging under cross-examination that he hadn't reviewed studies assessing the effects of high-dose fluoride exposure.

  • February 09, 2024

    Microsoft Says Plaintiffs Show No Harm In Overbroad AI Suit

    A legal battle between consumers who say they've been harmed by unlawful data-collection practices related to the development of artificial intelligence and companies that control the new technology continued when Microsoft argued that the accusations against it were simply too broad and unexplained to allow the case to proceed.

  • February 09, 2024

    Wakefern Food Can't Avoid Suit Over Graham Crackers' Label

    Supermarket chain Wakefern Food Corp. must continue to face claims in a putative class action brought by consumers claiming it falsely advertised its graham crackers as whole grain, a New York federal judge has ruled.

  • 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.

Expert Analysis

  • 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.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • 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.

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