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Product Liability
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March 28, 2024
Meta Says Speech Immunity Dooms Instagram Addiction Case
Meta on Thursday asked a Massachusetts judge to toss a lawsuit alleging it has intentionally misled users about Instagram features purportedly designed to addict children and teens, saying it is shielded both by federal law and the First Amendment.
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March 28, 2024
Reynolds Falsely Hypes Foil As 'Made In USA,' Suit Says
Reynolds Wrap misleadingly claims its aluminum is made in the United States although a significant amount of aluminum production takes place elsewhere, and none of the bauxite ore used to make it is mined in the U.S., according to a proposed class action filed in New York federal court.
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March 28, 2024
FDA Warns 61 Stores Over Illegal Vape Sales
The U.S. Food and Drug Administration this week sent warnings to 61 retailers for selling illegal Lava and Elf Bar cigarettes, saying that both of the unauthorized brands are popular with young people.
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March 28, 2024
Spokeo Accused Of Flouting NJ Judicial Protection Law
Spokeo Inc., the people search database provider, violated New Jersey state law by not removing information about law enforcement personnel from its database after requests were filed, a data privacy company contends in a lawsuit.
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March 28, 2024
Insurer's $1.37M Suit Over Stolen Walmart Flare Gun Misfires
An Oregon federal judge has thrown out a $1.37 million suit from Ascot Specialty Insurance Co. against Walmart Inc. seeking to hold the retailer liable for a fire started by a stolen flare gun, saying the insurer has failed to show how Walmart is responsible for a third party's criminal acts.
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March 27, 2024
Tribes Want Climate Change Row With Oil Cos. In State Court
Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.
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March 27, 2024
Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'
A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."
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March 27, 2024
Judge Trims Porsche EV Charging Speed Fraud Claims
A Georgia federal judge has narrowed the scope of a proposed class action that alleges Porsche sold defective chargers for its flagship electric car and then throttled their charging speed to make up for the design weakness, finding the plaintiff's fraud and breach of warranty claims fall short.
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March 27, 2024
LG Chem Mostly Wins Discovery Feud In Vape Battery Suit
A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.
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March 27, 2024
On Deck In JPML: Baby Food, 23andMe Privacy, NCAA
The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.
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March 27, 2024
9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.
The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."
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March 27, 2024
Casino Beats Suit Over Diabetic Customer's Fall
A now-shuttered floating casino that was moored in Lake Michigan can't be held liable for the fall of a longtime patron who injured her hip after tripping in a hallway that connected two boats, an Illinois federal court has ruled, finding the patron couldn't support any element of her premises liability claim.
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March 27, 2024
Fla. Panel Reverses $43M Judgment In Tobacco Suit
Florida's Third District Court of Appeal on Wednesday reversed a $43 million judgment against Philip Morris USA Inc. in a wrongful death case, issuing a split decision stating that hearsay testimony allowed during the trial wasn't offered to prove that the female decedent believed filtered cigarettes were safe.
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March 27, 2024
CoreLogic Sued For Violating NJ Judicial Protections Law
A proposed class action removed to New Jersey federal court on Tuesday accuses property data company CoreLogic of failing to comply with a state law requiring it to delete records of certain public officials, including judges and law enforcement officials.
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March 27, 2024
Smucker Needn't Pay Multiple Limits For Tainted Jif Row
J.M. Smucker Co. does not have to satisfy the retained limit for 225 underlying claims seeking damages for salmonella-contaminated Jif peanut butter individually before being eligible for coverage, an Ohio federal judge ruled, holding that the underlying claims constituted a single occurrence.
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March 27, 2024
6th Circ. Won't Rethink $25M Crash Award Against Nissan
Nissan North America Inc. still can't offload a $25 million award against it for a fatal crash onto a brake supplier, as the Sixth Circuit panel that ruled against it has said it will not reconsider its ruling, and the full court has declined to take up the matter.
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March 26, 2024
EPA Pressed On Cost, Strength Of Slaughterhouse Water Rule
Meat and poultry industry groups and environmentalists are clashing over how strict the U.S. Environmental Protection Agency's water quality regulations for slaughtering, processing and rendering facilities should be, while local regulators urged a focus on feasibility.
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March 26, 2024
Subaru Can't Duck Suit Over Starlink Infotainment Defect
A New Jersey federal judge on Tuesday declined to throw out a proposed class action alleging the Starlink infotainment system in certain Subaru vehicles is defective, throwing out one plaintiff's state consumer protection claim, while allowing the remaining claims to go forward.
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March 26, 2024
Baltimore Bridge Collapse: What We Know So Far
The overnight collapse of Baltimore's Francis Scott Key Bridge, after being struck by a container carrier Tuesday, will trigger multiple inquiries into maritime and vessel safety, as well as bridge design and engineering standards, that experts say will have significant implications for future lawsuits, regulatory actions and infrastructure rebuilding efforts.
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March 26, 2024
AI Weapons Detector Faces Investor Suit After Gov't Probes
Evolv Technologies, which makes metal detectors that purportedly use artificial intelligence to detect weapons, is facing a proposed shareholder class action in Massachusetts federal court alleging that false claims about its products' abilities to screen for types of tactical knives and guns led to federal investigations and share declines.
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March 26, 2024
Conagra Can't Sink Sustainable Fishing False Ad Suit
An Illinois federal judge trimmed but refused to toss a proposed class action claiming Conagra Brands Inc. deceptively labels its seafood products as sustainable when the fish is sourced with methods harmful to oceans, saying the customers have sufficiently alleged the phrase "Good for the Environment" is deceptive.
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March 26, 2024
Combat Arms Earplugs Settlement Moves To Final Resolution
More than 249,000 U.S. service members who claimed they suffered permanent hearing loss due to 3M's allegedly faulty combat earplugs have signed onto the $6 billion settlement, boasting "more than 99%" participation, according to a Tuesday announcement by the company.
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March 26, 2024
Opioid Public Nuisance Claims 'Unique,' Ohio High Court Told
Counsel for two Ohio counties that won a $650 million verdict against Walmart, CVS and Walgreens told the Ohio Supreme Court on Tuesday that opioids are a "unique" problem during oral arguments about whether the counties' public nuisance claims are blocked by the state's product liability law.
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March 26, 2024
Widow Gets $1.75M Verdict In SC Asbestos Death Suit
A South Carolina jury has awarded a widow $1.75 million in damages from gasket-maker John Crane Inc. in a suit over her husband's death from asbestos-related mesothelioma, finding the company negligent.
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March 26, 2024
Fishers Say Tire Cos. Can't Escape Salmon ESA Suit
Fishing groups are fighting tire companies' attempt to dismiss an Endangered Species Act suit over the use of a rubber additive known as 6PPD, which harms salmon, telling a California federal judge the companies are trying to delay accountability.
Expert Analysis
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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.
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Maximizing Law Firm Profitability In Uncertain Times
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.
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Federal Policies Keeping Autonomous Vehicles In Slow Lane
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.
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Auto Defect Damages Should Factor In Supply Conditions
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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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.