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Product Liability
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April 25, 2024
9th Circ. Upholds $1.7M Injury Verdict Against Genie
Equipment manufacturer Genie Industries Inc. can't upend a jury verdict and a $1.7 million judgment awarded to a Portland, Oregon, shipyard worker who was injured by the company's allegedly defective lift boom, the Ninth Circuit has ruled, rejecting the arguments that he failed to prove his injuries were permanent.
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April 25, 2024
Conn. Judge Sends Colo. Mass Shooting Cases To State Court
A Connecticut federal judge sent two lawsuits against gunmaker Sturm Ruger & Co. Inc. back to state court Thursday, finding that the complaints brought by the estates of two Colorado mass shooting victims did not meet a key standard for handling the claims in federal court.
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April 25, 2024
Microsoft, Nintendo And Others Sued Over Addictive Games
A gamer sued Microsoft Corp., Nintendo of America Inc., Rockstar Games Inc. and other video game developers Wednesday in Georgia federal court over allegations that they are intentionally getting users addicted to boost profits, saying he's suffering from depression and anxiety because of his addiction.
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April 25, 2024
Wash. Large-Magazine Ban Stays As Court Official Fears Tragedy
The Washington Supreme Court commissioner said Thursday the state can maintain its ban on the sale of large-capacity magazines for now, saying in his ruling he was kept awake at night over the potential that lifting the ban would allow an especially "awful" mass shooting.
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April 25, 2024
3rd Circ. Lets Mallinckrodt Off Sanofi's Royalty Hook
A Third Circuit panel said Thursday that Mallinckrodt PLC's Chapter 11 bankruptcy could sever its obligation to pay Sanofi-Aventis US LLC royalties on sales of an autoimmune disease drug, finding that Sanofi's contract to sell Mallinckrodt the rights to the drug created a claim ripe to be extinguished.
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April 25, 2024
Philips Gets $506M Economic Loss Deal OK'd In CPAP MDL
A Pennsylvania federal judge on Thursday gave final approval to a $506.3 million settlement to end economic loss claims in multidistrict litigation over Philips' recalled CPAP breathing machines, including $94.4 million for the plaintiffs' attorneys.
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April 25, 2024
Dems Press DEA To Move Quickly On Rescheduling Marijuana
A coalition of Democratic U.S. senators and House members are urging the U.S. Department of Justice to complete swiftly its review of marijuana's legal status and remove the drug from Schedule I of the Controlled Substances Act.
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April 24, 2024
Motley Rice, Morgan & Morgan Among Ozempic MDL Leaders
The Pennsylvania federal judge overseeing multidistrict litigation over alleged risks associated with Ozempic and similar drugs has appointed lawyers from Motley Rice LLC, Morgan & Morgan PA and six other firms to leadership roles, according to an order issued Tuesday.
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April 24, 2024
3M And Ga. Utility Say $850M PFAS Cleanup Plan A No-Go
3M, a Georgia utilities provider and carpet and chemical manufacturers told a Georgia federal judge Wednesday they shouldn't have to face an $850 million remediation plan to clean up alleged waterway contamination from forever chemicals.
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April 24, 2024
Investors Can't Hit Reset In 737 Max Fraud Suit, Boeing Says
Investors claiming Boeing wiped out billions in stock value by misrepresenting the 737 Max's safety shouldn't be allowed to "effectively hit the reset button" and pursue an amended complaint that relies on statements already deemed inactionable, the aerospace giant argued Wednesday.
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April 24, 2024
FDA Can Keep Most Docs Hidden From Juul's FOIA Request
A District of Columbia federal judge has largely sided with the U.S. Food and Drug Administration in a suit by Juul Labs Inc. seeking documents related to the FDA's decision to ban its products, saying the bulk of the files fall under a privilege that protects predecision deliberations.
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April 24, 2024
Dow Loses Bid To Keep NJ Toxic Water Row In Federal Court
A New Jersey federal judge on Tuesday remanded to state court the attorney general's lawsuit accusing Dow Chemical Co. and other companies of hiding the danger of 1,4-dioxane, a likely cancer-causing compound, and causing "pervasive and widespread" groundwater pollution.
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April 24, 2024
Joe Rogan Brain Health Supplements Don't Work, Suit Claims
A proposed class of supplement buyers is suing a brain health supplement founded and promoted by podcaster Joe Rogan in New York federal court, saying the company's own studies prove false its advertisements claiming the product is "clinically" proven to promote cognitive function.
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April 24, 2024
3rd Circ. Won't Let Keystone Coal Escape Black Lung Payout
The Third Circuit on Wednesday denied Keystone Coal Mining Corp.'s request to revoke benefits awarded to a miner with pneumoconiosis under the Black Lung Benefits Act, rejecting its argument that the administrative law judge hearing the case did not properly consider all the evidence.
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April 24, 2024
FDA Seeks Max Fines Against Shops Selling Elf Bar Vapes
The U.S. Food and Drug Administration has issued another round of complaints and civil penalties to 22 brick-and-mortar and online sellers of illicit e-cigarettes, including the highly popular Elf Bar brand, according to an agency announcement that noted more than 100 retailers have been hit since September.
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April 23, 2024
Calif. Fertility Clinic Implanted Dead Embryos, Couples Say
An Orange County, California, fertility clinic accidentally destroyed embryos but still implanted them into patients in an attempt to cover up its mistakes, nine couples said in a suit filed Tuesday in Golden State court.
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April 23, 2024
Turkish Co. Hit With $168M Suit Over Failed Uniform Deal
Strategic advisory firm Sinclair & Wilde Ltd. sued a Turkish military textile company in New York state court, seeking approximately $168 million in damages over allegations it violated verbal military uniform supply agreements involving Ukraine and used political connections to get Sinclair's CEO detained in Turkey.
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April 23, 2024
Monsanto Judge Slashes $857M PCB Jury Verdict
A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.
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April 23, 2024
BNSF Says Zurich Should Pay For Defense In Asbestos Cases
BNSF asked a Texas appeals court Tuesday to consider hundreds of asbestos exposures in Libby, Montana, as separate occurrences to trigger an insurance policy provision, saying during oral arguments that Zurich American Insurance Co. needed to cough up defense costs in cases relating to the exposures.
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April 23, 2024
Kerrygold Butter-Maker Can't Nix 'Pure' Label False Ad Suit
A New York federal judge on Tuesday largely denied a bid by Kerrygold Pure Irish Butter's maker to discard a proposed class action alleging its product is misbranded as "pure" though it might contain "forever chemicals," finding the suit plausibly alleges chemicals from the packaging could migrate to the product.
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April 23, 2024
Sierra Club Sues EPA Over NY Aluminum Plant's Air Pollution
The Sierra Club slapped U.S. Environmental Protection Agency Administrator Michael Regan with a complaint in D.C. federal court Tuesday accusing the agency of failing to require the state of New York to cut sulfur dioxide emissions from a 112-year-old aluminum smelting plant.
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April 23, 2024
US Gun Cos. Tell Justices Mexico Is Circumventing Law With Suit
A group of American firearm makers is asking the Supreme Court to throw out a suit from the government of Mexico alleging they have aided and abetted cartels, saying the First Circuit broke with the high court's precedent by allowing the case to proceed.
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April 23, 2024
Judge Allows $956M Atty Fees In 3M, DuPont PFAS Settlements
A South Carolina federal judge on Tuesday signed off on attorney fees totaling more than $956 million in settlements with 3M and DuPont over so-called forever chemicals in firefighting foam that contaminated drinking water, saying that another group of lawyers may not have been able to reach the same outcome.
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April 23, 2024
Hot Spot Co. Investors' Revised $2.4M Deal Gets Initial OK
Investors in mobile hotspot-maker Franklin Wireless Corp. have received an initial green light for their $2.4 million deal to end claims the company knowingly sold devices with defective batteries that could burst into flames after a federal judge rejected an earlier iteration of the proposal.
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April 23, 2024
FCA Says Virtual Order Spells End Of In-Person Depositions
Automaker FCA is sounding the alarm that in-person depositions in the Eastern half of Michigan are in jeopardy if a federal magistrate judge's ruling allowing remote depositions in a class action isn't overturned, arguing the supposed "judicial efficiency" rationale is too easily satisfied.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping
The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.
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Superfund Site Reopenings Carry Insured Risk, Opportunity
The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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How Color Psychology Can Help Tell Your Trial Narrative
Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.