Product Liability

  • 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.

  • 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.

Expert Analysis

  • 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.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

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