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Product Liability
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May 13, 2024
False Ad AriZona Suit Not In Bad Faith, Fee Opposition Argues
A plaintiff represented by an attorney known for false advertising suits against food and drink companies is asking an Illinois federal judge not to award attorney fees to AriZona Beverages USA LLC after the court threw out claims that it falsely advertised some of drinks as "lite," saying there was no bad faith in pursuing the suit.
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May 13, 2024
'Prolific' Asbestos Injury Firm Accused Of Fraud, Racketeering
A "prolific" Illinois-based asbestos litigation law firm allegedly engaged in a yearslong scheme involving perjured testimony, suppressed evidence and baseless claims to extract as much money from as many companies as possible, according to one of the companies repeatedly targeted by the firm.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
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May 13, 2024
Justices Won't Review Ch. 11 Stay In Asbestos Cases
The U.S. Supreme Court won't review lower courts' decisions allowing the paper-products company Georgia-Pacific to remain shielded from mass tort litigation by way of a subsidiary's Chapter 11 case.
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May 10, 2024
Lab Exec Sentenced For Deadly Fungal Meningitis Outbreak
The founder of a Massachusetts drug compounding center was sentenced in Michigan to 10 to 15 years in prison for his role in a fungal meningitis outbreak after he agreed to a plea deal with state prosecutors earlier this year.
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May 10, 2024
Full 4th Circ. Urged To Settle Key 'Texas Two-Step' Questions
A Fourth Circuit panel left critical issues open when it denied permission to an appeal challenging the so-called Texas two-step Chapter 11 of industrial equipment maker Aldrich Pump, asbestos claimants in two separate bankruptcy cases said, asking the full appeals court to reconsider hearing the case and settle questions that have plagued their own bankruptcies in the Western District of North Carolina.
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May 10, 2024
Oil Giants Say Tribal Climate Change Row Must Stay Federal
Several giant oil companies are fighting a bid by two Native American tribes to remand their consolidated case to state court, telling a Washington federal district court that the claims brought by tribes have always been governed by federal law.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
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.
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Preempting Bottled Water Microplastics Fraud Claims
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.
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Business Litigators Have A Source Of Untapped Fulfillment
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.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
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.
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The Challenges Of Measuring Harm In Slack-Fill Cases
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.
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Series
Skiing Makes Me A Better Lawyer
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.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
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.
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Think Like A Lawyer: Forget Everything You Know About IRAC
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.
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How Firms Can Ensure Associate Gender Parity Lasts
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.
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How Echoing Techniques Can Derail Witnesses At Deposition
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.
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Proposed RCRA Regs For PFAS: What Cos. Must Know
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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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.