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Product Liability
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April 02, 2024
2 Firms Seek To Lead Boeing 737 Max Safety Investor Suit
Labaton Keller Sucharow LLP and Robbins Geller Rudman & Dowd LLP have each asked a Virginia federal judge for a lead role in a securities lawsuit against Boeing over the safety of its 737 Max jets and the role Boeing's top brass allegedly played in diminishing shareholder value.
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April 02, 2024
7th Circ. Won't Revive Parents' Claims in Abbott Formula Row
The Seventh Circuit upheld on Tuesday the dismissal of parents' claims they were economically harmed from buying infant formula that could have been contaminated with bacteria at an Abbott Laboratories plant, saying their alleged injuries aren't enough to prove standing.
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April 02, 2024
4 Mass. Rulings You May Have Missed In March
A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.
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April 02, 2024
Mich. Warns PFAS Ruling Could Fuel More Agency Challenges
Michigan has warned the state's high court that an appellate decision invalidating PFAS drinking water limits could pave the way for future litigants to attack state regulations by pointing to imperfect cost estimates, urging the court to revive the PFAS rules.
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April 02, 2024
Rental Co. Sues Family Of Child Who Drowned On Property
A North Carolina beach vacation rental company, facing a negligence lawsuit brought by a father whose son died in one of its pools, has in turn filed suit against the deceased child's extended family members, claiming that any blame for the death should be on their shoulders.
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April 02, 2024
FDA Sued Again Over Years Of Delays On Menthol Ban
The U.S. Food and Drug Administration on Tuesday was hit with a suit over a yearslong delay on banning menthol cigarettes, the second one brought by public health groups that say the agency's failure has caused thousands of premature deaths.
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April 02, 2024
CSX Denies Liability In Backroads Bridge Crash Suit
Freight railway giant CSX on Monday denied wrongdoing and insisted it can't be held liable for the injuries of two women who blamed the company's shoddy upkeep of a backroads bridge for a 2022 car crash.
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April 02, 2024
Kids' Clothier Didn't Deceive By Silence On PFAS, Judge Says
An Illinois federal judge has thrown out a proposed class suit alleging that The Children's Place Inc. hid the presence of so-called "forever chemicals" in its school uniforms, saying the plaintiffs haven't alleged any duty to disclose or that the company's statements were misleading.
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April 02, 2024
Conn. Firm Defends Infant Death Probe In Sanctions Feud
A Connecticut firm is defending its investigation leading up to a product liability lawsuit against two companies it claims produced and sold an infant lounger linked to a number of baby deaths, asking a Connecticut federal court to quash motions for Rule 11 sanctions accusing it of pursuing frivolous claims.
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April 02, 2024
20 Republican-Led States Urge Justices To Ax Climate Suits
A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.
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April 01, 2024
Nike Defeats Greenwashing Suit Over 'Sustainability' Line
Nike has defeated a proposed class action alleging it greenwashes its clothing by claiming they're made sustainably while using methods that harm the environment, after a Missouri federal judge concluded the plaintiff doesn't explain how she knows the products aren't made with recycled or organic materials and only provides conclusory statements.
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April 01, 2024
Ga., FTC Seek $17M+ Fine And Ban On Doc's Stem Cell Ads
After securing an early win last week against a Georgia doctor and a series of companies that marketed stem cell therapy as a cure-all miracle treatment, federal regulators and the state of Georgia asked a federal judge Monday for $17.7 million in fines and an injunction barring the defendants from any future endeavors in the medical marketing industry.
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April 01, 2024
Pool Co. Seeks $4.36M In Atty Fees After False Ad Verdict
Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a North Carolina false advertising and unfair business practices suit involving rival pool supply companies.
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April 01, 2024
Swedish Match Sued Over Allegedly Youth Targeted Zyn Ads
Philip Morris International and its subsidiary Swedish Match North America LLC have been hit with a putative class action from an unnamed California man alleging he became addicted to the company's Zyn smokeless oral nicotine pouches when he was a minor because of the product's marketing campaign.
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April 01, 2024
Ex-Pharma Co. Exec Denies Signing Noncompete Deal
The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.
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April 01, 2024
3M Gets Final OK On PFAS Deal Worth Up To $12.5B
A South Carolina federal judge on Friday gave a final nod on a settlement between 3M and about 12,000 public water systems worth up to $12.5 billion to end claims over so-called forever chemicals in firefighting foam, saying that otherwise it would take years to try the cases.
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April 01, 2024
J&J Opted To 'Deny' Talc-Cancer Link, Jury Told
Johnson & Johnson opted to "deny, deny, deny" evidence linking its baby powder to ovarian cancer and continued to market it as safe to use, an attorney for the widower of a longtime baby powder user who died from cancer told jurors in Sarasota, Florida, on Monday.
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April 01, 2024
Gas Cos. Must Face State Law Claims In Contamination Row
Electricity and natural gas company WEC Energy Group Inc. can't dodge all claims by Illinois residents accusing the company and its subsidiary of conspiring with a public relations firm to hide the extent of natural gas contamination in an aquifer that provides drinking water, an Illinois federal judge ruled Sunday.
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April 01, 2024
With Suit, NJ City Looks To Clear The Air About Cops' Pot Use
A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.
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March 29, 2024
Petition Watch: Off-Label Ads, Retiree Discrimination & PPE
A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.
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March 29, 2024
Argentine Gunmaker Accused of Hiding Light Trigger Defect
An Argentine gun manufacturer was hit with a lawsuit by a Georgia man who says that a dangerous defect in the design of a 9 mm pistol got him shot when the gun accidentally discharged.
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March 29, 2024
Texas AG Launches Investigation Into Boeing Parts Supplier
The Texas attorney general has opened an investigation into a company that produces fuselages for Boeing's 737 jets, saying Thursday that apparent manufacturing defects have caused several dangerous events, including midair emergencies.
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March 29, 2024
Strange But True: Product Liability Stories For April Fools'
Severed digits and fried rodents in food, e-cigarettes shaped like liquor bottles and claims that the advertising for Reese's peanut butter candies dashes consumers' expectations made Law360's list of strange cases for April Fool's.
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March 29, 2024
Honda Beats Ill. Fraud Suit Over Rat-Gnawed Car Wires
Three rat-plagued Chicagoans lost their chance to represent fellow Honda owners in a proposed class action accusing the automaker of covering their vehicles' wires with an insulation that made them susceptible to gnawing, after an Illinois federal judge declared that being attractive to rats wasn't a defect.
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March 29, 2024
2nd Circ. Backs Insurer In Sanitizer Ad Injury Coverage Suit
An insurer doesn't owe coverage to a company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces, the Second Circuit ruled Friday, affirming a lower court's decision that the underlying class action can't be "reasonably construed" to substantially allege a claim of disparagement.
Expert Analysis
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Lessons From Verizon's Cybersecurity FCA Self-Disclosure
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.
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EPA's Final PFAS Rule Greatly Expands Cos.' Reporting Duties
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.
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How And Why Your Firm Should Implement Fixed-Fee Billing
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.
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New Calif. Hemp, CBD Rules Affect Nationwide Compliance
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.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
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.
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How Law Firms Can Use Account-Based Marketing Strategies
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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Opinion
Science On Human Health Effects Of PFAS Is Still Inconsistent
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.
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Navigating Over-The-Counter Product Ads After FTC Warning
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.
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AGs' Distaste For Food Bill May Signal Other State Issues
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.
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Strategic Succession Planning At Law Firms Is Crucial
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.
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FDA's Lab-Developed Test Rule Faces High Hurdles
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.
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Justices Could Use Purdue To Resolve Related Circuit Split
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.
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Cases Linking Baby Food, Autism Pose Causation Challenges
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.
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Suits Likely Over Nevada Law Limiting Claimant Injury Exams
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.
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Autonomous Vehicles Must Navigate Patchwork Of State Regs
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.