Product Liability

  • April 05, 2024

    COVID App Takes Another Shot At Apple With Justices

    App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.

  • April 05, 2024

    Baltimore Bridge: Biden's Visit, Recovery, Supply Chain

    Nearly two weeks after the Francis Scott Key Bridge's collapse, government and legal maneuvers are taking shape as the Biden administration pledged to fully reopen the Port of Baltimore before June, while the owner and operator of the ship that caused the collapse sought to limit its financial liability.

  • April 05, 2024

    Marriott Wants $5M Repair Work Bill Stayed Pending Appeal

    Marriott International asked a Colorado federal judge Friday to hold off on enforcing a $5 million judgment it was ordered to pay a construction company over mudslide repair work in Brazil while the hotel appeals the order, noting it has secured a surety bond with Liberty Mutual.

  • April 05, 2024

    NC County School Board Joins Chorus Saying Apps Harm Youth

    The Board of Education in Wake County, North Carolina, on Friday joined the ranks of school systems suing Meta, Snapchat, TikTok and other social media companies, accusing them of stoking addiction in young users and saddling taxpayers with the cost.

  • April 05, 2024

    Feds Say Bombing Survivors' Suit Is Outside Court's Authority

    The Biden administration is again pushing to escape survivors' efforts to hold it accountable for U.S. allies' airstrikes in Yemen, telling a Washington, D.C., federal court it had no authority over the executive branch's foreign arms dealing.

  • April 05, 2024

    Arkema Hit Again With Suit By Residents Over Texas Chemical Fire

    Hundreds of Texas residents near an Arkema Inc. chemical plant have accused the company in state court of exposing them to toxic fire during a hurricane almost seven years ago, in a suit filed just months after a federal court approved a multimillion-dollar deal to settle similar allegations.

  • April 05, 2024

    Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work

    Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses. 

  • April 05, 2024

    Publix Wants Ga. High Court Input On Opioid Public Nuisance

    Grocery chain Publix has asked the Ohio federal court overseeing the opioid multidistrict litigation to send questions to Georgia's high court about whether that state's law allows public nuisance claims over a healthcare provider's dispensing of prescription narcotics.

  • April 05, 2024

    Gunmakers Denied Stay In Mexico Lawsuit

    Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.

  • April 05, 2024

    Boeing Pays Alaska Airlines $160M For 737 Midair Blowout

    The Boeing Co. has paid $160 million to Alaska Airlines for losses from the midair door plug blowout on a 737 MAX jet that horrified passengers, grounded planes and disrupted flights, according to a regulatory filing from the airline.

  • April 05, 2024

    Insurers Fight Kidde-Fenwal's Bid For Coverage Of Foam Suits

    Two AIG units and another insurer have told a Delaware bankruptcy court it should reject fire-suppression company Kidde-Fenwal Inc.'s bid to secure their coverage for a bevy of underlying suits alleging the company exposed those plaintiffs to so-called forever chemicals via its production of firefighting foam.

  • April 05, 2024

    Families Fight To Keep Military Chopper Crash Suit In US

    The families of six Canadian military personnel killed in a helicopter crash off the coast of Greece are urging a Pennsylvania federal judge to keep their liability claims against the aircraft's maker in the United States, arguing that the company's bid to transfer the case to Canada is a stalling tactic.

  • April 05, 2024

    FedEx Must Face Suit Over Customer's Storefront Crash Injury

    A California state appeals court has revived a customer's claims against Fedex Office and Print Services Inc. and a building owner over injuries he said he suffered when a car drove into the store, finding that the trial court wrongly decided the case on the pleadings.

  • April 05, 2024

    Nixon Peabody Adds 2 Attys From Hinckley Allen In Boston

    A pair of attorneys have jumped to Nixon Peabody LLP in Boston after spending more than a decade working at Hinckley Allen & Snyder LLP.

  • April 04, 2024

    Boeing Can't Ditch Ill. Securities Fraud Suit Over 737 Max

    An Illinois state judge on Thursday refused to throw out Boeing investors' suit accusing the aerospace company of misleading and lying to investors following the deadly Lion Air and Ethiopian Airlines crashes involving Boeing's then-new 737 Max jets, according to an order entered in Cook County Circuit Court.

  • April 04, 2024

    Pump Co. Ch. 7 Trustee's $59.7M Case Could Go Before Jury

    A Chapter 7 trustee and the owners of a Connecticut pump manufacturer will square off in federal district court over claims that executives raided $59.7 million from the Nash Engineering Co.'s coffers, lined its stockholders' pockets and plunged the entity into bankruptcy to avoid paying asbestos injury claims.

  • April 04, 2024

    NY Judge Says 'Defeat Device' Co. Protected By Section 230

    A New York federal judge tossed part of the federal government's lawsuit against the manufacturers of devices and software that allegedly allow vehicles to bypass pollution control mechanisms, saying the technology itself is "neutral" and has no effect on emissions without third-party content.

  • April 04, 2024

    Tribes And McKinsey Take Final Step In $39.5M Opioid Deal

    A California judge signed off Thursday on the completion of a $39.5 million nationwide settlement deal that resolves all opioids litigation brought by federally recognized tribes against McKinsey & Co.

  • April 04, 2024

    Smith & Wesson Scolded At 7th Circ. For Minimizing Victims

    A Seventh Circuit judge on Thursday lambasted counsel for Smith & Wesson for stating "several" people were killed or wounded in the July Fourth shooting in Highland Park, Illinois, saying he was tempted to use up some of the company's allotted time by listing the names of all 55 victims.

  • April 04, 2024

    Parents Deny Need For Defect In Amazon Suicide Suit

    Families accusing Amazon of negligently selling chemicals teens used in their suicides told the Ninth Circuit Wednesday that their suit should get another chance, arguing they did not have to show the lethal chemical was defective in order to prove Amazon's liability.

  • April 04, 2024

    Judge Axes Experts In Chiquita MDL, With More On The Way

    A Florida federal judge presiding over a long-running multidistrict litigation against Chiquita Brands rejected expert witnesses offered by both Chiquita and plaintiffs who accuse the banana grower of financially supporting a defunct Colombian paramilitary group that allegedly killed their relatives.

  • April 04, 2024

    W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm

    A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.

  • April 04, 2024

    NYC Sues 11 Vape Shops Over Sales Of Flavored E-Cigarettes

    The city of New York on Thursday sued 11 e-cigarette wholesalers, saying they're in violation of both city and federal regulations by selling disposable, flavored vapes, which the city said are responsible for a boom of youth vape use.

  • April 04, 2024

    BMW Dealer, Claims Manager End $4M Injury Settlement Fight

    A South Carolina BMW dealership and its insurers have agreed to end their suit against a claims manager over a $4 million personal injury settlement, with the claims manager also dropping allegations against the dealership's automotive group, according to a notice filed in North Carolina federal court.

  • April 03, 2024

    Sanofi Plans To Settle 4,000 Zantac Cancer Claims

    Sanofi said Wednesday that it has reached an agreement in principle to settle about 4,000 personal injury claims linking the discontinued heartburn drug Zantac to cancer.

Expert Analysis

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

    Author Photo

    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Managing Competing Priorities In Witness Preparation

    Author Photo

    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

    Author Photo

    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Gilead Ruling Signals That Innovating Can Lead To Liability

    Author Photo

    A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.

  • Understanding And Working With The Millennials On Your Jury

    Author Photo

    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

    Author Photo

    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

    Author Photo

    A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.

  • Legal Issues Loom For Driverless Trucking

    Author Photo

    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

    Author Photo

    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

    Author Photo

    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

    Author Photo

    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

    Author Photo

    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!