Product Liability

  • September 16, 2024

    Amazon Faked Discounts On Fire TVs, Suit Says

    Amazon.com Inc. has been hit with a proposed class action in Washington federal court alleging it advertised fake sales and discounts for its Fire TV products, misleading consumers into believing they were getting a bargain.

  • September 16, 2024

    FDA Warns Vape Retailers About Approval Inadequacies

    The U.S. Food and Drug Administration warned a slew of retailers that they are illegally selling vape brands and products, alleging they lack regulatory approval to do so.

  • September 16, 2024

    J&J Cheers Toss Of 'Indefensible' $260M Talc Verdict

    An Oregon state judge rejected a jury's $260 million verdict for a woman who blamed Johnson & Johnson's talcum powder for her cancer diagnosis, a company spokesperson said Monday.

  • September 16, 2024

    Nelson Mullins Grows In Chicago With Ex-Taft Litigator

    Nelson Mullins Riley & Scarborough LLP has reinforced its Midwest litigation team with a former Taft Stettinius & Hollister partner based in the Windy City.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • September 13, 2024

    Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.

    The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.

  • September 13, 2024

    Exxon Owes $816M For Man's Cancer After Judge Ups Verdict

    Exxon Mobil Corp. is on the hook for $816 million to a New York service station mechanic who blames the oil giant for his leukemia diagnosis, after a Philadelphia judge upheld a jury's verdict and added delay damages.

  • September 13, 2024

    Judge Orders Mobile IV Co. To Stop Eli Lilly Infringment

    A Colorado-based mobile outfit that administers IV treatments to customers in their homes must stop all advertising and web promotion that gives the impression it offers Eli Lilly medications, according to a settlement approved by a federal judge.

  • September 13, 2024

    NJ Gov. Signs Law To Limit Sale Of 'Intoxicating Hemp'

    New Jersey Governor Philip Murphy on Thursday signed a bill into law aimed at regulating the sale and distribution of intoxicating hemp products in the state, particularly those sold by unauthorized sellers and those sold to people under 21.

  • September 13, 2024

    9th Circ. Ruling Guts Religious Protections, Apaches Say

    The U.S. Supreme Court should stop the federal government from handing over a sacred tribal site in Arizona's Tonto National Forest to a copper mining joint venture owned by Rio Tinto and BHP, the San Carlos Apache Tribe argued, saying that the decision could pose an "existential threat" to Native Americans.

  • September 13, 2024

    Trio Of BigLaw Mergers Expected To Drive More Deal Talks

    After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.

  • September 13, 2024

    Emergent BioSolutions Pays $40M To Settle COVID Vax Suit

    Emergent BioSolutions has agreed to pay $40 million to settle a consolidated class action alleging it misled investors about how prepared it was to handle two high-profile deals to manufacture COVID-19 vaccines.

  • September 13, 2024

    Makers Of Paragard Say Time Ran Out On Claims In 236 Suits

    Teva Pharmaceuticals and The Cooper Cos. pressed an Atlanta federal judge to pare back multidistrict litigation over alleged defects in the Paragard IUD by dismissing untimely claims across 236 complaints.

  • September 13, 2024

    Nestlé Can't Ax Danone's Whey Protein Patent At EPO

    Danone has rebuffed a bid by food and drink giant Nestlé to scrap its European patent for a whey protein composition, as it proved that using gum arabic as a sugar substitute was a new invention.

  • September 13, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.

  • September 13, 2024

    SBSB Adds Liability Litigator From Kelley Kronenberg In Fla.

    A former Kelley Kronenberg litigator with a focus on third-party insurance defense is heading to the Boca Raton, Florida, office of SBSB Eastham.

  • September 13, 2024

    FCA Faces Pressure Over Pricey Monthly Insurance Premiums

    A consumer advocacy group urged the British financial regulator on Friday to step in after it found that insurers were still charging up to 45% in interest for consumers who choose monthly payment plans for their annual premiums.

  • September 13, 2024

    Brokers Seek Insurance Tax Cut In Budget For At-Risk Housing

    A trade body for insurance brokers has urged the U.K. government to exempt policyholders in apartment buildings with flammable cladding from a tax on premiums, as it seeks to avoid a jump in the price of cover.

  • September 12, 2024

    DLA Piper Adds Product Liability Pro To Austin Office

    In yet another notable BigLaw litigator lateral move in Texas this week, DLA Piper has added to its Austin office a product liability and mass torts expert from King & Spalding LLP.

  • September 12, 2024

    UK Says Illicit Cigarette Crackdown Halves Tobacco Tax Gap

    HM Revenue & Customs said Thursday it has slashed the tax gap on cigarettes and other tobacco products by more than half since 2005.

  • September 12, 2024

    Feds Eye Nixing Girardi's Ill. Case After Calif. Theft Conviction

    The federal government might drop its criminal charges in Illinois against disbarred attorney Tom Girardi following his recent conviction in California on similar charges of stealing millions from clients, a prosecutor indicated Thursday during a status hearing in the Prairie State matter.

  • September 12, 2024

    Beasley Sues Fellow Talc Firms Over Joint Venture Gone Awry

    Beasley Allen is going after its law firm partner in a joint venture that has represented thousands in talcum powder litigation against Johnson & Johnson, claiming in a new federal lawsuit that the firm is partially responsible for more than $1 million in owed expenses and, driven by its own financial woes, has unilaterally been negotiating with the pharmaceutical giant to the detriment of clients.

  • September 12, 2024

    Mass Tort Boutique Leader On Sizing Up With Anapol Weiss

    Nearly four years after leaving the corporate defense world to launch her own five-attorney plaintiffs' boutique, former Wilkinson Stekloff LLP founding partner Alexandra Walsh says she's looking forward to spending more time in the courtroom as her firm is absorbed by Philadelphia-based mass tort and personal injury firm Anapol Weiss. Here, Law360 Pulse speaks with Walsh about the decision to merge and about her move from the defense to the plaintiffs' bar.

  • September 12, 2024

    Greenberg Traurig Grows Health Team With Ex-NY Official

    A former New York State Department of Health official has moved to the private sector with Greenberg Traurig LLP as the firm expands its healthcare and U.S. Food and Drug Administration practice.

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

Expert Analysis

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

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    After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 5 Things Trial Attorneys Can Learn From Good Teachers

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    Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.

  • Legal Considerations For Circular Economy Strategies

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    As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

  • Opinion

    Insurance Industry Asbestos Reserve Estimates Are Unreliable

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    Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.

  • Preempting Bottled Water Microplastics Fraud Claims

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    Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.

  • The Challenges Of Measuring Harm In Slack-Fill Cases

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    A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Opinion

    High Court Should Endorse Insurer Standing In Bankruptcy

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    In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

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