Product Liability

  • February 02, 2024

    McKinsey's $78M Opioid Deal With Health Plans Hits Snag

    A California federal judge considering a $78 million deal between third-party payors and McKinsey & Co. in multidistrict litigation over the consulting firm's marketing advice to opioid makers held off on preliminarily approving the deal Friday, instead setting a new hearing date after some plaintiffs' attorneys raised issues with aspects of the deal.

  • February 02, 2024

    Monsanto Can't Wash Away Seattle's PCB Water Pollution Suit

    A Washington federal judge on Friday denied Monsanto's summary judgment bid in Seattle's complaint over polychlorinated biphenyl pollution in its waterways, ruling there are still significant factual disputes in play, including whether and to what extent PCBs traceable to Monsanto comprise the amount found in the city's water.

  • February 02, 2024

    Harvard Prof. Slams Study Showing IQ Gains From Fluoride

    A Harvard epidemiologist testifying Friday in a high-stakes bench trial over fluoridated water's risks criticized a study cited by the government that found fluoride exposure increases IQ by 24 points, saying the results "don't make sense," are "beyond the imagination" and must be based on erroneous data.

  • February 02, 2024

    Drugmaker Endo Wants To Extend Opioid Suit Pause

    Endo has asked a New York bankruptcy judge to pause the opioid litigation leveled against it for five more months, asserting that the pharmaceutical company made "wide-ranging progress" in its Chapter 11 case and expects to have a reorganization plan confirmed by March.

  • February 02, 2024

    ACLU Atty On How To Protect Civil Liberties In The AI Era

    Because artificial intelligence and algorithmic systems often operate in the shadows, there's a new need for legislation, regulation and enforcement to ensure the technology doesn't undercut civil liberties by engaging in discrimination in housing, education or employment, according to Cody Venzke, senior policy counsel for the American Civil Liberties Union.

  • February 02, 2024

    Families New To Tylenol MDL Cite Expert To Avoid Dismissal

    A dozen parents and children who allege that prenatal exposure to acetaminophen caused ADHD have urged a federal judge to keep their lawsuits alive, contending that they aren't bound by an earlier ruling that barred every expert witness set to testify for plaintiffs in similar cases.

  • February 02, 2024

    Tesla Recalls 2.2M Vehicles Over Small Warning Light Font

    Tesla Inc. has agreed to recall nearly 2.2 million vehicles in the U.S. equipped with warning lights featuring an "incorrect" font size on the instrument panel, according to a notice issued by the National Highway Traffic Safety Administration.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 02, 2024

    Conn. Eye Patient Drops Bausch & Lomb Implant Claims

    A Connecticut woman who said she was injured by an in-eye lens implant and her husband have agreed to drop their claims against Bausch & Lomb in federal court, according to a stipulation filed by the parties following multiple appellate decisions in the couple's favor.

  • February 02, 2024

    Mass. Justices Affirm Time Limits In Trials, For Some Cases

    Massachusetts' highest court ruled Friday that trial judges may consider flexible time limits for the presentation of evidence and arguments, but only after what it characterized as an "informed analysis" of the specifics of the case, with input from the parties.

  • February 01, 2024

    SEC Official, Atty Spouse Say Google Led Them To 'Hell Run'

    An SEC regional director and her attorney spouse sued Google for negligence in California state court Wednesday, alleging they were violently attacked by gangs of robbers en route to Cape Town International Airport while being directed by Google Maps to travel through a dangerous corridor infamously dubbed "Hell Run."

  • February 01, 2024

    Colo. Climate Case May Be Stuck In 'Catch-22,' Judge Says

    A Colorado state judge asked Exxon on Thursday whether its argument would put local governments seeking to hold it responsible for the effects of climate change in a "Catch-22," since the oil giant maintains that its emissions were too widespread to be subject to state law while federal law doesn't give the plaintiffs an opportunity to sue.

  • February 01, 2024

    Nestle Wins Exit Bid In Lime-Flavored Perrier False Ad Suit

    A Florida federal judge on Thursday tossed with prejudice a proposed class action alleging the label on Nestle USA Inc.'s Perrier drinks misleads consumers on how much lime it puts in the carbonated water beverage, saying the label does not use language suggesting the drink is made with lime.

  • February 01, 2024

    Insurer Fights Railroad Subpoena For Ohio Derailment Docs

    An insurance company that investigated claims made surrounding last year's East Palestine, Ohio, derailment has asked an Ohio federal court to block a subpoena from Norfolk Southern seeking to procure its findings from the area where the accident occurred, arguing it was a nonparty to the massive litigation over the derailment.

  • February 01, 2024

    EPA Floats New PFAS Rules For Hazardous Waste

    The U.S. Environmental Protection Agency on Thursday proposed two rules that would clear the way for extensive new regulation of per- and polyfluoroalkyl substances.

  • February 01, 2024

    Pacific Market's Trendy Stanley Cups Contain Lead, Suit Says

    Pacific Market International was hit with a proposed false advertising class action in California state court Thursday by four women who allege that its trendy, Stanley-branded drinking tumblers that have gone viral and skyrocketed in popularity thanks to its brand partnerships with social media influencers, contain lead.

  • February 01, 2024

    Water Brand Had 'No One Qualified' To Make It, Jury Hears

    The Las Vegas jury weighing liver failure claims against "alkaline water" brand Real Water heard Thursday from a food safety expert about a 2018 health audit that she said found there was "no one qualified to make safe and clean water in this facility."

  • February 01, 2024

    Harvard Professor Testifies Fluoride Is 'Definitely' Neurotoxic

    A Harvard epidemiologist testified in a high-stakes bench trial over environmental groups' efforts to get the U.S. Environmental Protection Agency to ban fluoride in 200 million Americans' drinking water that there is "definitely a causal relationship" between fluoride exposure and neurotoxicity, even at low exposure levels.

  • February 01, 2024

    Gov. Study Shows Higher Cancer Rates On Camp Lejeune

    Military and civilian workers at Camp Lejeune in North Carolina were 20% more likely to be diagnosed with a variety of cancers compared to those on a base with uncontaminated water, according to a government study officially published a month after people suing the government urged for its release.

  • February 01, 2024

    Pharma Hikma Reaches $150M Opioid Settlement With States

    Hikma Pharmaceuticals and several attorneys general announced a $150 million agreement in principle on Thursday resolving cases brought by a group of states and localities alleging the company fueled the opioid crisis by failing to report suspicious opioid orders from potentially illegal distributors.

  • February 01, 2024

    Conn. PFAS Water Pollution Suit Escapes Multidistrict Bid

    The federal multidistrict litigation panel has denied a Connecticut utility's attempt to funnel a lawsuit arising from PFAS "forever chemicals" into a broader nationwide case, concluding that the claims against Connecticut Water Co. are too different to be lumped into the MDL.

  • 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.

Expert Analysis

  • 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.

  • Opinion

    Science On Human Health Effects Of PFAS Is Still Inconsistent

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    Per- and polyfluoroalkyl substances have soared to the top of environmental regulatory agendas, and dominated environmental news headlines — but scientific research into causal relationships between PFAS exposure and adverse human health effects is still unclear and inconsistent, say Jeffrey Dintzer and Samantha Van Winter at Alston & Bird.

  • Navigating Over-The-Counter Product Ads After FTC Warning

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    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • FDA's Lab-Developed Test Rule Faces High Hurdles

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    The U.S. Food and Drug Administration's recently announced plans to explicitly regulate lab-developed tests will likely face resistance from industry stakeholders and congressional actions, and lead to significant litigation, say attorneys at Hogan Lovells.

  • Justices Could Use Purdue To Resolve Related Circuit Split

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    The U.S. Supreme Court will soon hear Harrington v. Purdue Pharma to determine the validity of nonconsensual third-party releases in bankruptcy, but justices should also take the opportunity to resolve a related circuit split over the constitutional authority of bankruptcy judges to issue final rulings on such releases, says Benjamin Feder at Kelley Drye.

  • Cases Linking Baby Food, Autism Pose Causation Challenges

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    Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.

  • Suits Likely Over Nevada Law Limiting Claimant Injury Exams

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    A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • Auto Defect Damages Should Factor In Supply Conditions

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    Automotive defect class action plaintiffs commonly seek damages based on the theory that an undisclosed defect made a vehicle worth less than its purchase price — but the methods that plaintiff experts commonly use to calculate such damages are insufficient, because they do not incorporate supply conditions, says Jon Tomlin at Ankura Consulting.

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