Product Liability

  • February 01, 2024

    Imerys, Cyprus Mines Propose Ch. 11 Plans With $862M Trust

    Bankrupt talc supplier Imerys Talc America, Inc. and its former owner Cyprus Mines Corp. asked a Delaware bankruptcy court to sign off on disclosure statements for their separate Chapter 11 plans that would create an $862.5 million joint trust to settle claims that their talc caused cancer.

  • February 01, 2024

    Experts Urge Justices To Bar Insurer's Ch. 11 Challenge

    Truck Insurance Exchange's contention that it is a "party in interest" with standing to challenge its insureds' Chapter 11 reorganization plan, which established a trust for asbestos injury claims, would upend the bankruptcy system if accepted, experts and policyholder representatives told the U.S. Supreme Court on Thursday.

  • February 01, 2024

    How Will AI Impact The Environment? Dems Want To Find Out

    As attempts to integrate artificial intelligence into products and processes speed up, Congress wants a close look at how the technology's electricity use, water needs and waste consequences are affecting the environment.

  • February 01, 2024

    10th Circ. Absolves App For Fake Car Sale That Turned Deadly

    The Tenth Circuit on Thursday affirmed the dismissal of a lawsuit leveled against an online marketplace provider over the murder of a couple by a man pretending to be selling a car on its platform, finding the case didn't show how the app caused or increased risk to users.

  • February 01, 2024

    Mich. High Court To Consider Lilly Insulin Pricing Probe

    Michigan's attorney general will have a chance to argue before the state's highest court to defend her bid to appeal a lower appellate court's rejection of her investigation into drugmaker Eli Lilly's insulin pricing strategies and decision to keep precedent in place that exempts regulated industries from state consumer protection laws.

  • February 01, 2024

    Judge Maintains Most Claims In Mercedes-Benz Sunroof Suit

    A suit alleging Mercedes-Benz offered vehicles with panoramic sunroofs prone to randomly shattering under normal conditions will mostly move forward, with a Georgia federal judge ditching only the Magnuson-Moss Warranty Act claim from the case, according to a Thursday opinion.

  • February 01, 2024

    Publicis Reaches $350M Opioid Settlement With All 50 States

    Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.

  • February 01, 2024

    $25M Flint Water Crisis Deal Heads Off Impending Trial

    Flint residents and the last remaining engineering defendant in sprawling litigation over the city's water crisis announced Thursday they had reached a $25 million deal that would avoid an upcoming trial, with the engineering firm saying more than half of Flint residents will get a payout.

  • January 31, 2024

    6th Circ. Pushes Ford Buyer On Missing Claims In RV Suit

    A Sixth Circuit panel seemed unsure Wednesday about who should be responsible for alignment issues in a recreational vehicle built from a Ford Motor Co. chassis, questioning why a purchaser of the RV wants to wait until discovery is complete to zero in on when the alignment problems occurred.

  • January 31, 2024

    3 Highlights From Sen. Hearing On Social Media Child Safety

    Halfway into a contentious U.S. Senate hearing on Wednesday, Meta CEO Mark Zuckerberg turned to face scores of attending families whose children had been gravely harmed by social media — some to the point of suicide — to apologize for their suffering.

  • January 31, 2024

    Fluoride Risk Trial Opens With Claim Exposure Drops Kids' IQ

    Environmental groups told a California federal judge during bench trial openings Wednesday that new studies show clear links between prenatal fluoride exposure and children's lower IQ levels, while the EPA defended current regulations allowing low levels of fluoride in drinking water and underscored that "the dose makes the poison."

  • January 31, 2024

    Walmart Gets Md. Broken Shopping Cart Injury Suit Trimmed

    A customer, allegedly injured when her shopping cart broke in two, can not pull back into state court her lawsuit against Walmart Inc., a Maryland federal judge ruled Monday, suggesting the lawsuit named store employees as defendants in a weak attempt to push the case out of federal court.

  • January 31, 2024

    Suit Says Oreo Maker 'Greenwashes' Deforesting And Child Labor

    The maker of Oreos and Clif Bars "greenwashes" its cocoa-containing food products with deceptive labeling that hides evidence of environmental degradation, child labor and child slavery in its supply chain, a proposed class action claims.

  • January 31, 2024

    GM Execs Hid Driverless Tech And Airbag Concerns, Suit Says

    GM executives and directors have been hit with a shareholder derivative suit alleging they placed the company in legal jeopardy and harmed its share price by downplaying safety concerns about its Cruise autonomous vehicle technology and making misrepresentations about airbag safety.

  • January 31, 2024

    Worker Claims Boeing Owed Duty To Future Children

    A family suing Boeing in Washington state court for allegedly using factory chemicals that induced birth defects is arguing that the aerospace giant owed a duty of care to the employee's child because it knew about the risk of reproductive harm for decades before the employee became a father.

  • January 31, 2024

    The Rail Industry And The East Palestine Wreck: 1 Year Later

    A year after a Norfolk Southern train carrying toxic chemicals derailed on the border of Ohio and Pennsylvania, sprawling consolidated litigation and proposed regulations carry the promise of preventing a recurrence even though federal accident investigators have not yet issued a final determination on what caused the disaster.

  • January 31, 2024

    EPA Resists Rush On Farm Emissions Reporting Exemptions

    The U.S. Environmental Protection Agency and agriculture industry groups on Tuesday asked a D.C. federal judge not to rush the EPA while it reconsiders a Trump-era rule that exempted large industrial farm operations from reporting their toxic air emissions.

  • January 31, 2024

    Sanctions Sought Over 'False' Testimony In Exxon Death Suit

    The estate of a man who died of leukemia allegedly as a result of exposure to defective gasoline is asking a Connecticut state court to sanction ExxonMobil Corp., arguing one of its experts provided false testimony that won the gas company the case.

  • January 31, 2024

    Insurer Says Dispute Over Developer's HVAC Claim Settled

    A Tokio Marine unit notified a Minnesota federal court Wednesday that it has reached an agreement with a construction company and subcontractor in a coverage dispute over a property developer's claim that the companies must pay to replace part of a residential HVAC system.

  • January 31, 2024

    FDA Seeks Max Fines Against Shops Selling Esco Bars Vapes

    The U.S. Food and Drug Administration is looking to hit 21 retailers with civil penalties for selling the popular Esco Bars brand of vapes, according to an agency announcement, saying the brick-and-mortar shops knew the popular "youth appealing" brand lacked premarket authorization.

  • January 31, 2024

    3rd Circ. Probes Power Of EPA Advisory In Chemours Fight

    Chemours Co. FC LLC asked a Third Circuit panel Wednesday during an oral argument to endorse their position that a U.S. Environmental Protection Agency health advisory over the company's chemicals carries the same weight as the law, forcing the business into compliance with de facto regulation.

  • January 31, 2024

    NJ Law Firm Seeks Sanctions In Malpractice Suit Led By Rival

    Mazie Slater Katz & Freeman LLC asked a New Jersey federal judge on Wednesday to impose "a substantial monetary sanction" against former-colleague-turned-rival Bruce Nagel and his firm Nagel Rice LLP, arguing that their most recent filing in its legal malpractice suit alleging Mazie Slater overcharged clients in multidistrict litigation over the blood pressure drug Benicar contains frivolous claims and baseless conclusions.

  • January 30, 2024

    No Dumpster Photo In Toyota Smelly HVAC Trial, Class Says

    Counsel for a certified class of Toyota Camry owners alleging a defect makes their automobiles' HVAC systems emit foul odors urged a California federal judge on Tuesday to block the company at an upcoming trial from presenting a photo of a plaintiff's car parked near a dumpster, arguing it would be "inflammatory."

  • January 30, 2024

    Boeing Hit With Securities Fraud Suit Over 737 Max 9 Blowout

    Rhode Island's largest public employees retirement fund accused Boeing of misleading investors about the overall safety of its 737 Max jets, alleging in a new lawsuit Tuesday that the recent midair blowout aboard an Alaska Airlines flight showcases how missteps by Boeing's top brass have diminished shareholder value.

  • January 30, 2024

    8th Circ. Revives Wrongful Death Claim Against Paper Co.

    Paper company Sappi NA must face a lawsuit alleging that a worker was found deceased near an area where hydrogen sulfide gas was released despite the trustee for the worker's family collecting workers' compensation from a subsidiary, an Eighth Circuit panel ruled Tuesday, finding that the parent firm would need employees working at the facility when the death occurred for the state Workers' Compensation Act to bar the trustee's claims against it.

Expert Analysis

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How To Advertise Carbon Reductions Under New Calif. Law

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    As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. Right To Repair Law Highlights A Growing Movement

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    New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.

  • Teach Your Witness About 'Good' And 'Bad' Testimony Words

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    To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.

  • Balancing Justice And Accountability In Opioid Bankruptcies

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    As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Lessons From Verizon's Cybersecurity FCA Self-Disclosure

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    A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.

  • EPA's Final PFAS Rule Greatly Expands Cos.' Reporting Duties

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    The U.S. Environmental Protection Agency's recently released final regulation requiring reporting by entities that have manufactured or imported products containing per- and polyfluoroalkyl substances will require considerable time and attention from affected companies — including many that have not previously faced such obligations, say Lawrence Culleen and Judah Prero at Arnold & Porter.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • New Calif. Hemp, CBD Rules Affect Nationwide Compliance

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    Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

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