Product Liability

  • September 23, 2021

    Skechers Gets Sneaker Burn Suit Tossed For Good

    An Illinois federal judge on Tuesday tossed a proposed class action brought by a woman who claimed that Skechers USA Inc.'s light-up sneakers burned her son's feet, saying her allegations didn't point to any direct statements by the shoe manufacturer related to the shoes' alleged defect.

  • September 23, 2021

    Linda Evangelista Files $50M Suit Over 'Disfiguring' Procedure

    Supermodel Linda Evangelista hit an Allergan PLC unit with a $50 million negligence suit in New York federal court, alleging that the company's 2015 fat-reduction procedure left her "permanently disfigured" and suffering from severe social anxiety and agoraphobia as a result.

  • September 23, 2021

    Edelson Nabs Interim Lead In Tech Giant Gambling App MDL

    A California federal judge on Thursday appointed Edelson PC interim class counsel in multidistrict litigation accusing Apple, Google and Facebook of illegally peddling slot machines and other Las Vegas-style gambling games on their platforms while raking in billions in revenue from commissions off every wager made in these so-called "social casinos."

  • September 23, 2021

    Monsanto PCBs Contaminated Del. Waterways, AG Suit Says

    Monsanto Co. knew in the 1930s that its PCBs were toxic, yet it continued to produce them for decades, ultimately contaminating Delaware's many waterways, the state and its attorney general said in a state court complaint Thursday.

  • September 23, 2021

    Judge Says 3rd Time's The Charm For Cop's Glock Defect Suit

    A California federal judge said Wednesday a retired Oakland police officer's proposed class action alleging a defect in Glock handguns causes them to "dangerously blow apart" can proceed, finding the former officer has adequately shown law enforcement complained to the manufacturer about guns exploding.

  • September 23, 2021

    Big Oil Aims To Pause Remand In Hoboken's Climate Suit

    Big Oil companies and the American Petroleum Institute want a New Jersey federal court to pump the brakes on its order remanding the city of Hoboken's suit seeking climate change costs to state court to allow for a Third Circuit appeal.

  • September 23, 2021

    No 9th Circ. Rehearing In VW Bondholders' Emissions Suit

    The Ninth Circuit on Thursday said it will not grant a rehearing of a suit alleging Volkswagen AG misled bondholders into buying overpriced bonds by hiding the existence of devices intended to cheat emissions tests.

  • September 23, 2021

    Insurer Wants 3M To Pay Up For Warming Device Defense

    3M should pay separate deductibles for each surgery involved in multidistrict litigation over its surgical warming device, a Chubb unit told a Minnesota federal court Wednesday.

  • September 23, 2021

    Kelley Kronenberg Adds Atty To Expanding Insurance Practice

    Florida-based law firm Kelley Kronenberg continued its insurance defense litigation practice expansion Tuesday by adding a new partner in Miami.

  • September 22, 2021

    Chubb Slams Sweep Of Opioid Defense Order For Rite Aid

    A lower court ruling that Chubb must defend Rite Aid Corp. against Ohio county efforts to recover damages for their responses to the opioid epidemic is "at odds with the law and even at war with itself," an attorney for the insurer told Delaware's Supreme Court on Wednesday.

  • September 22, 2021

    Fla. Appeals Court Reverses $10.5M Smoker's Award

    A Florida appeals court Wednesday reversed a $10.5 million jury award to a former Marine who lost his larynx after getting smoking-related cancer, ruling that the smoker's claims against Philip Morris are barred by Florida's statute of repose for fraud.

  • September 22, 2021

    Superfund Tax Would Boost Cleanups At Polluted Sites

    Underfunded cleanups at Superfund sites that have sat neglected for years would get a major shot in the arm from a congressional plan to revive a decades-dormant tax on chemicals and possibly on crude oil.

  • September 22, 2021

    Aldi Freed From False-Ad Claims Over 'Vanilla' Almond Milk

    A New York federal judge permanently tossed a consumer lawsuit Tuesday alleging that grocery chain Aldi falsely labeled its almond milk as "vanilla," causing consumers to be misled into believing its vanilla flavor came exclusively from vanilla beans, with the judge saying an amended complaint would be futile.

  • September 22, 2021

    US Trustee Challenges Constitutionality Of Purdue Releases

    The nondebtor, third-party releases included in Purdue Pharma's Chapter 11 plan are unconstitutional, the U.S. Trustee's Office has argued, asking a New York bankruptcy judge to wait until a higher court rules on the federal watchdog's challenge to the releases.

  • September 22, 2021

    6th Circ. Says GE Not Liable For $44M Rail Yard Clean-Up Bill

    The Sixth Circuit refused to revive efforts to force General Electric to foot an at least $44 million clean-up bill for rail yards contaminated with polychlorinated biphenyls that leaked out of old rail cars, agreeing that GE neither operated the sites nor arranged for PCBs to be disposed of there.

  • September 22, 2021

    Mattis Doubted Theranos 'Transparency,' Holmes Jury Hears

    Former defense secretary and onetime Theranos board member James Mattis testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud jury trial Wednesday that he concluded the company had "transparency issues" after learning from news reports that it was performing some blood tests on non-Theranos equipment.

  • September 22, 2021

    Police Say Court Erred In Halting Bulletproof Vest Class Action

    A group of police associations and officers urged the Eleventh Circuit on Wednesday to revive their suit alleging a design defect in bulletproof vests made by Florida-based Point Blank Enterprises Inc., arguing the trial court made numerous legal errors in denying them class certification.

  • September 22, 2021

    Harley-Davidson Inks Deal To End Defective Brake Suit

    Harley-Davidson Motor Co. Group LLC and a pair of bikers have reached a deal to end the bikers' claims in California federal court that the company sold them motorcycles with dangerously defective anti-lock braking systems.

  • September 21, 2021

    Theranos Test Wrongly Suggested Miscarriage, Jury Hears

    An Arizona patient and a nurse practitioner testified in former Theranos CEO Elizabeth Holmes' criminal fraud trial Tuesday that they didn't trust the startup's tests after the patient received at least one inaccurate hormone result that erroneously suggested she'd had a miscarriage.

  • September 21, 2021

    Ohio Counties Want Unvaxxed Jurors Out Of Opioid MDL Trial

    Two Ohio counties involved in an upcoming bellwether trial against pharmacies in sprawling multidistrict opioid litigation asked an Ohio federal judge on Tuesday to exclude nearly 40 potential jurors who are not vaccinated against COVID-19, saying that allowing unvaccinated jurors to serve on the jury would be likely to disrupt the trial.

  • September 21, 2021

    Army Housing Contractors Can't Shield Docs In Mold Dispute

    A Maryland federal magistrate judge ruled Tuesday that two Army contractors couldn't shield certain otherwise privileged consultants' documents in a putative class action accusing the contractors of providing moldy on-base housing, because those consultants worked for both the contractors and their law firm.

  • September 21, 2021

    Porsche Must Face Trimmed Suit Over Faulty Software Update

    A Georgia federal judge said Monday Porsche must face a pared-down proposed class action alleging a faulty software update caused the infotainment system in Panamera, Cayenne and other vehicles to malfunction and drain the cars' batteries.

  • September 21, 2021

    Insurer Says Faulty Headset Caused Fire At Kansas Wendy's

    An insurance company has lodged a product liability and property damage suit against a California electronics maker in Kansas federal court, accusing it of manufacturing a defective headset that caused a fire and more than $1 million in damage at a Wendy's fast-food restaurant.

  • September 21, 2021

    Vaping Industry Rips Into FDA After Nearly 1M Products Pulled

    The U.S. Food and Drug Administration's announcement that hundreds of thousands of flavored e-cigarettes must be taken off the market, while delaying a decision on industry leader Juul's products, has frustrated industry and public health advocates who see a lack of transparency over what specifically disqualifies a vaping product.

  • September 21, 2021

    NJ Court Won't Stop J&J's 'Texas Two-Step' In Talc Suits

    A New Jersey state judge refused to preemptively block Johnson & Johnson from engaging in a bankruptcy maneuver, the so-called Texas Two-Step, that cancer patients say would unlawfully shield company assets from claims its talcum powder products caused their illness.

Expert Analysis

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • 9th Circ. Ruling Signals Scrutiny Of Class Settlement Fees

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    The Ninth Circuit's recent decision in Briseño v. Henderson, holding that federal courts must carefully review class action settlements for potential collusion on attorney fee arrangements, suggests that high class counsel fee awards will meet more resistance, say attorneys at Skadden.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Pharma Cos. Should Prepare For New Drug-Rebate Scrutiny

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    President Joe Biden's recent executive order on competition and new Federal Trade Commission leadership mean pharmaceutical companies should anticipate a stricter focus on drug pricing and rebating practices, and plan to defend against potential price strategy challenges from government enforcers and private plaintiffs, say attorneys at Gibson Dunn.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • What 9th Circ.'s Tinder Ruling Means For Class Settlements

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    The Ninth Circuit's recent opinion in Kim v. Allison, rejecting a precertification settlement of class claims that Tinder committed age discrimination, offers important insights for class action litigants and counsel on that court's shift toward increasingly stringent scrutiny of such settlements, say attorneys at McGuireWoods.

  • Opinion

    How PFAS Action Act Could Complicate Superfund Cleanups

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    If the PFAS Action Act — recently passed by the U.S. House of Representatives — becomes law, it will likely have sweeping implications for regulated businesses and industries, including prolonging the remediation and redevelopment of Superfund sites affected by releases of per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

  • Online Retailers' Losing Streak Shows Evolving Liability Trend

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    In the two years since the Third Circuit’s ruling in Oberdorf v. Amazon, more courts are holding online retailers liable for products sold on their websites by third parties, signaling a new trend that is likely to continue to pick up speed, say attorneys at Steptoe & Johnson.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Opinion

    Superfund: The Wrong Tool For PFAS Cleanup Efforts

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    Legislation pending in Congress that would bring per- and polyfluoroalkyl substances under the umbrella of the Superfund law is ill-suited to deal with the unique challenges posed by these chemicals, and could divert resources from remediation to protracted, expensive litigation, says Philip Comella at Freeborn & Peters.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

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