Product Liability

  • May 10, 2024

    Nipple Covers Don't Stick To Body As Advertised, Suit Says

    Cakes Body LLC faces a putative class action filed Thursday in California federal court by a consumer who says the company falsely creates the impression that its reusable nipple covers function as alternatives to bras that adhere to the body, but that the product doesn't work as advertised. 

  • May 10, 2024

    Insurers Don't Owe Chiquita Coverage In Terrorism Settlement

    An Ohio state appeals court ruled Friday that Chiquita Brands International Inc. is not owed coverage by a group of insurers for a settlement with families of six Americans killed by a terrorist group Chiquita had paid for protection, saying any errors the trial court made were harmless because it came to the correct conclusion.

  • May 10, 2024

    X Corp.'s Data Scraping Suit Stymied By Copyright Act

    A California federal judge has dismissed X Corp.'s suit accusing an Israeli company of mining and selling user data culled from its platform, noting that X's claims would allow it to block others from distributing publicly available user content and are preempted by the Copyright Act.

  • May 10, 2024

    Dollar Tree Parent Sued Over Alleged Lead In Cinnamon

    Dollar Tree Inc.'s parent company and a New York family-owned food business were hit Thursday with a proposed class action in New York federal court alleging that the chain sold cinnamon that was contaminated with lead, following U.S. Food and Drug Administration recalls of lead-tainted cinnamon.

  • May 10, 2024

    Logan Paul Energy Drinks Have Excess Caffeine, Suit Says

    A proposed class of energy drink buyers is suing YouTube celebrity Logan Paul's Prime Hydration LLC, alleging the drinks contain significantly more than the 200 milligrams of caffeine they advertise.

  • May 10, 2024

    Tobacco Wholesaler Must Post $1.4M Bond Pending IP Appeal

    A cigarette rolling paper wholesaler must post a more than $1.4 million bond while the company appeals its portion of a larger $2.3 million verdict for selling counterfeit papers, a Georgia federal judge has ruled.

  • May 10, 2024

    Exxon Hit With $725M Verdict In Benzene Exposure Suit

    A Philadelphia jury has awarded $725.5 million to a New York service station mechanic for his claims that Exxon Mobil Corp. failed to warn consumers about the health risks of benzene in its products, and that his exposure to the chemical was responsible for his leukemia diagnosis.

  • May 09, 2024

    Senate Approves FAA Reauthorization Bill

    The U.S. Senate on Thursday passed legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs in a package that includes hiring thousands more air traffic controllers and inspectors, among other things.

  • May 09, 2024

    3M, Dupont Want Conn. AG's PFAS Suit To Stay In Fed. Court

    Stressing their work for the military, 3M Co. and several entities tied to what was once E. I. du Pont de Nemours and Co. have opposed a motion by the Connecticut Attorney General's Office to send a PFAS forever chemicals environmental pollution case back to state court.

  • May 09, 2024

    NYC Wins Remand Of Climate Deception Suit Against Exxon

    A New York federal judge on Wednesday returned to state court the Big Apple's lawsuit alleging Exxon, BP, Shell and the American Petroleum Institute violated a city consumer protection law by systematically deceiving the public about the climate change impacts of their operations.

  • May 09, 2024

    First Zantac Trial Plaintiff Says She Can't Live Normal Life

    An Illinois woman suing the former manufacturers of Zantac heartburn medication and claiming her long-term use of the drug caused her colon cancer testified Thursday that she has struggled to control her bowels since her 2015 diagnosis and has experienced multiple accidents in public places that left her humiliated and fearful to leave her home.

  • May 09, 2024

    Gov't Says It's Already Yielded Camp Lejeune Muster Rolls

    The federal government on Wednesday told the North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune base that it has already produced muster rolls and that the court should deny the service members' request to produce more records.

  • May 09, 2024

    Judge Halts DEA's Hearing On Proposed Psychedelics Ban

    An administrative law judge with the U.S. Drug Enforcement Administration has ordered the agency to cancel a June 10 hearing on its proposal to ban two psychedelic substances while a researcher's federal lawsuit challenging the agency's actions plays out in court, according to an order made public Thursday.

  • May 09, 2024

    Ex-Dental Device CEO Cops To $10.7M Investor Fraud

    The former CEO of a dental device company pled guilty Thursday to defrauding investors out of $10.7 million with false claims that his company received the U.S. Food and Drug Administration's approval for a device he promised would take the place of X-rays.

  • May 09, 2024

    Award Increased to $13.4M In Pabst Asbestos Death Suit

    A Wisconsin appeals court has increased a mesothelioma wrongful death award against Pabst Brewing Co. to $13.4 million, rejecting the beer company's argument that the jury shouldn't have found fault at all, while finding that the trial court wrongly applied the state's punitive damages statute.

  • May 09, 2024

    EPA Beats Youths' Constitutional Climate Suit, For Now

    A California federal judge has dismissed a lawsuit from a group of children accusing the federal government of allowing unsafe levels of climate pollution in the air, noting it's unclear how a declaratory order from the court would redress their harms, but gave them one final chance to amend their allegations.

  • May 09, 2024

    Man Says LG Chem Can't Duck NC Courts In Battery Suit

    A man suing South Korea-based LG Chem Ltd. over an exploding lithium-ion battery is urging a North Carolina federal district court to find that it has jurisdiction over the company, saying LG has sufficient ties to the state through its marketing and selling of the batteries, even if it doesn't sell directly to customers.

  • May 09, 2024

    Insurer Still Can't Escape Explosion Coverage Row

    An insurer cannot yet avoid defending gas companies in personal injury litigation after a subcontractor caused an explosion injuring three people, an Indiana federal court has ruled, reiterating a previous finding that the subcontractor's ultimate release from liability following a settlement has no bearing on the gas companies' additional insured status.

  • May 09, 2024

    GE Dropped From Louisiana Factory Contamination Suit

    A Louisiana federal judge has dropped General Electric from property owners' suit alleging widespread contamination caused by a now-closed manufacturing facility, finding an earlier merger by a subsidiary did not make the company a liable successor.

  • May 09, 2024

    4th Circ. Mulls Scope Of Farm Bill In Virginia Hemp Fight

    A Fourth Circuit panel on Thursday pushed attorneys for the state of Virginia and a group of hemp companies and customers to define precisely how much power states have to restrict the production and sale of intoxicating products derived from federally legal hemp.

  • May 09, 2024

    11th Circ. Rejects Monsanto's Roundup Suit Redo Request

    The full Eleventh Circuit has rejected Monsanto's renewed request for review of a panel's ruling that a Georgia doctor can allege the company failed to warn about cancer risks associated with the use of Roundup weedkiller despite federal pesticide labeling requirements.

  • May 09, 2024

    Fla. Justices Say Widow Is Surviving Spouse Under The Law

    The Florida Supreme Court ruled Thursday that the widow of a mesothelioma victim who married her spouse after his injury can be considered a surviving spouse under the state's Wrongful Death Act.

  • May 08, 2024

    Kroger Must Keep Fighting Metal-Tainted Baby Food Claims

    An Ohio federal judge Wednesday refused to throw out a proposed class action accusing the Kroger Co. and its subsidiaries of selling baby food tainted with toxic metals, ruling that the mothers who sued have plausibly alleged that they wouldn't have purchased the product had they known the truth.

  • May 08, 2024

    Wash. Families Fight Monsanto's Bid To Split Up PCB Trial

    Three families suing Monsanto over alleged PCB contamination at a Washington school pushed back against the company's motion to sever their future toxic tort trial in Washington state court, calling it the defense counsel's latest stunt to protest more than $1 billion in losses thus far in the series of cases.

  • May 08, 2024

    Biden Signs Law To Protect Children From Online Exploitation

    President Joe Biden has signed into law a bipartisan bill aimed at curbing online child sex exploitation by strengthening requirements for social media companies and other service providers to report abuse to the nation's centralized reporting system.

Expert Analysis

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • California Shows A Viable Way Forward For PFAS Testing

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    The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • Take AG James' Suit Over Enviro Claims As A Warning

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    New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

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