Product Liability

  • October 04, 2022

    Dow, PPG Cleanup Trial Stalls Over City's Expert Disclosure

    A California judge delayed trial and refused Tuesday to let the city of Modesto call a vapor expert out of order in its case over claims Dow Chemical and PPG Industries must cover the city's dry-cleaning chemicals cleanup costs, agreeing with the companies that the change was disclosed too late.

  • October 04, 2022

    Cherokees, Walmart Settle Opioid Fight Amid 10th Circ. Appeal

    The Cherokee Nation and Walmart have agreed to settle the tribe's suit over the retailer's alleged role in the opioid crisis, according to a notice filed Monday in Oklahoma state court.

  • October 04, 2022

    Hot Coffee In Dunkin' Drive-Thru Burned Customer, Suit Says

    Negligence by a Dunkin' Donuts franchisee in Illinois led to a hot cup of coffee being spilled on a customer, causing severe and lasting injuries, a Cook County lawsuit contends.

  • October 04, 2022

    DC Circ. Questions States' Standing In Water Standards Case

    The D.C. Circuit on Tuesday challenged a group of states' standing to sue the U.S. Environmental Protection Agency for delaying a rule limiting copper and lead in drinking water, questioning the states' argument that being directly affected by the delay was enough to allow a suit.

  • October 04, 2022

    Attorney-Turned-Wrestler Finds Victory In Following Dream

    In the world of professional wrestling, few fans would have mistaken The Undertaker for a licensed mortician, but in the rings and arenas of western Pennsylvania, West Virginia, Ohio and New York, "The Gavel" David Lawless is indeed an attorney — albeit not the arrogant heel he portrays.

  • October 04, 2022

    Michigan Officials Dodge Felonies Over Flint Conduct

    A Michigan state judge on Tuesday tossed charges against seven current and former state and local officials who were accused of criminal misconduct through their roles in the Flint lead-tainted drinking water crisis.

  • October 04, 2022

    Cummins Inks $3.9M Deal To End Dodge Ram Defect Suit

    Dodge Ram drivers have reached a $3.9 million deal with Cummins Inc. to end claims that the engine maker knew it had provided defective diesel engines to Fiat Chrysler that were then outfitted in their trucks, according to new filings in Michigan federal court.

  • October 04, 2022

    Wesson Oil Buyers Seek No Fees In New $3M False-Ad Deal

    A proposed class of Wesson Oil buyers are asking a California federal court to approve a new $3 million settlement with ConAgra Foods Inc., saying their attorneys will seek no fees for their work in the litigation after the prior deal was rejected for awarding the bulk of its $8 million total to the attorneys.

  • October 04, 2022

    Defective Home Claims Not Tolled By Repairs, Pa. Panel Says

    In a precedential ruling Tuesday, a Pennsylvania state appellate court held that maintenance to a house does not toll the statute of repose for a lawsuit filed by homeowners who say a building company's construction defects damaged their residence.

  • October 04, 2022

    ITG Liable For Reynolds' Fla. Tobacco Deal Payments

    A Delaware vice chancellor has ruled that ITG Brands LLC assumed liability for payments to Florida under a 1997 settlement over cigarette advertising when it bought four brands from R.J. Reynolds Tobacco Co. and is responsible for most of the more than $170 million owed to the state.

  • October 04, 2022

    NFL Tells 9th Circ. To Keep Class Cert. Denial In Painkiller Suit

    The NFL has told the Ninth Circuit that a group of NFL players was correctly denied class certification by a lower court in its yearslong lawsuit over the league's use of painkillers, claiming that certification would bring on "thousands of jury trials" that are not joined by common issues.

  • October 04, 2022

    GM Hit With Over $100M Verdict In Engine Defect Class Action

    A California federal jury found Tuesday that General Motors breached certain warranties and violated a state consumer protection law by selling cars with a hidden engine defect that caused excessive oil consumption, awarding about 38,000 owners in the class action damages totaling just over $100 million.

  • October 04, 2022

    J&J Mesh Ruling Misread NC Law, 3rd Circ. Is Told

    The Third Circuit's "convoluted and incomprehensible reasoning" for affirming the toss of a man's hernia mesh injury suit against Johnson & Johnson and its medical device subsidiary Ethicon Inc. needs another look, according to a rehearing petition filed Monday.

  • October 04, 2022

    Shingles Patients Push To Keep Zostavax MDL Alive

    Patients alleging that Merck's Zostavax shingles vaccine actually caused shingles have asked a federal judge to keep their suit alive, rejecting the pharmaceutical company's position that lab tests must be provided to prove causation in 1,100 cases.

  • October 04, 2022

    EPA Admits It Didn't Consider Studies In Fungicide Approval

    The U.S. Environmental Protection Agency said Monday it failed to consider relevant human health and wildlife studies when it approved a fungicide, asking the Ninth Circuit for a chance to withdraw the decision itself.

  • October 03, 2022

    Fiat Chrysler Drivers Reach Deal In Clutch Defect Class Action

    A certified class of Fiat Chrysler drivers has reached a settlement in principle that would resolve their long-running suit over allegedly faulty clutches in Dodge Dart vehicles, according to a notice filed in California federal court Monday.

  • October 03, 2022

    Dow, PPG Owe For Modesto Site Contamination, Jury Told

    The city of Modesto told a California jury Monday during opening statements that Dow Chemical Co. and PPG Industries Inc. offered negligent safety standards for decades on how to handle a chemical now known to be toxic that resulted in dangerous contamination of the ground at a former dry cleaning site.

  • October 03, 2022

    Judge Tacks $4.7M Onto $113M Award In Ga. Fatal Crash Suit

    Seatbelt manufacturer Autoliv Japan Ltd. will have to pay $4.7 million in prejudgment interest on top of a $113 million award from a Georgia federal judge who found the company liable for a driver's death in a 2013 crash.

  • October 03, 2022

    Convenience Chain Can't Take Crash Suit Out Of Philly

    Witnesses to an incident in which a Rutter's convenience store driver allegedly caused a man to be thrown from his motorcycle will have to travel 100 miles for depositions after the Pennsylvania Superior Court affirmed a lower court's decision not to transfer the case.

  • October 03, 2022

    OIG Says Some Military Landlords Won't Adopt Tenant Rights

    Some on-base private military housing landlords have refused to voluntarily adopt tenant protections, including the right for residents to enter a dispute resolution process, according to a report made public by the U.S. Department of Defense's Office of Inspector General on Monday.

  • October 03, 2022

    Wyndham Wants Default Ruling Against Timeshare Exit Co.

    Timeshare company Wyndham asked a Florida federal court on Monday to hand down a more than $456,000 default final judgment against a timeshare exit company that hasn't participated in Wyndham's false advertising suit for roughly two years.

  • October 03, 2022

    J&J Seeks To Erase Talc Fraud Class Claims As Too Late

    Johnson & Johnson has told a New Jersey federal court that the sons of a deceased factory worker are too late in bringing class claims alleging the pharmaceutical giant falsely represented to courts and personal injury litigants that there was no evidence of its industrial talc containing asbestos.

  • October 03, 2022

    GM Must Face Trimmed Suits Over Chevy Bolt Battery Fires

    A Michigan federal judge has said that General Motors LLC must face consolidated proposed class claims alleging it knowingly sold Chevrolet Bolt electric vehicles with defective batteries that overheated and sparked catastrophic fires, saying the consumers plausibly alleged certain fraud and warranty claims to advance the case.

  • October 03, 2022

    High Court Allows SG To Weigh In On Pa. Jurisdiction Dispute

    The United States' solicitor general will join arguments in November before the U.S. Supreme Court over the extent of Pennsylvania courts' jurisdiction over out-of-state businesses, after telling the court that giving the state broad power over foreign corporations could complicate international relations.

  • October 03, 2022

    Judge Won't Melt Claims In Butterless Crisco Spray Suit

    An Illinois federal judge said a jury ought to decide whether B&G Foods Inc. was being slippery when the company marketed a Crisco brand cooking spray as a butter spray despite its containing none.

Expert Analysis

  • The Lawyer Personalities That Make Up Joint Interest Groups

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    As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

  • Opinion

    Felony Charges For Owner Of Self-Driving Car Are Problematic

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    People v. Kevin George Aziz Riad, a pending criminal case against a Tesla driver in a California state court, is a troubling indication that prosecutors may charge drivers with gross negligence on the assumption that they relied on autonomous vehicles' self-driving technology — but assumptions are no substitute for evidence, says criminal defense attorney Cody Warner.

  • Dr. Oz Class Settlement Shows How Liability Can Diminish

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    The recent $625,000 class action settlement concerning weight loss supplements promoted by Dr. Oz shows that litigation issues — from merit of claims to nonmonetary relief agreements — can significantly reduce the alleged multimillion-dollar liability a defendant must pay out of pocket, says Michael Zbiegien at Taft.

  • How Cos. Can Prep For Calif. Ban On PFAS In Food Packaging

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    California’s ban on a group of chemicals known as PFAS is three months away, meaning food packaging and cookware manufacturers have little time to implement the big changes this law requires, lest they face enforcement actions such as injunctive relief and steep civil penalties, say John Epperson and Peter McGaw at Buchalter.

  • Attys Shouldn't Assume Judicial Critique Is Protected Speech

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    As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

  • 13 Cognitive Distortions That Plague Defense Witnesses

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    In civil litigation, witnesses exhibiting negative thought patterns can spell trouble — so defense counsel should familiarize themselves with the most common cognitive distortions that can cripple their witnesses' testimony, and try to intervene to help reframe their perceptions, say Bill Kanasky Jr. and Steve Wood at Courtroom Sciences.

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • 9th Circ. Delta-8 Ruling Was Probably A Blip, Not A Landmark

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    Though the Ninth Circuit’s recent decision in AK Futures v. Boyd St. Distro provided clarity for those seeking to enforce trademark protections for Delta-8 THC products, it likely will not lead to long-term change, and it would be unwise to interpret the ruling as a green light for intoxicating hemp, says Marshall Custer at Husch Blackwell.

  • Kellogg Ruling Shows Pushback Against False Ad Claims

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    A California federal court’s recent ruling in Kennard v. Kellogg Sales could indicate that federal courts in the state are increasingly granting motions to dismiss against false advertising cases, and suggests that consumer surveys do not necessarily save complaints from dismissal, says Rebecca Bazan at Duane Morris.

  • And Now A Word From The Panel: 5 Key MDL Factors

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    A recent decision by the Judicial Panel on Multidistrict Litigation to deny a petition for a new MDL offers useful insights into the most important factors that the panel considers when determining whether consolidation of a group of separate cases is warranted, says Alan Rothman at Sidley.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Civil Suit Trends Cos. Can Expect From State AG Enforcement

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    Companies can prepare for possible future claims from private plaintiffs and manage litigation risks by understanding the priorities and enforcement trends of state attorneys general — from greenwashing to missed commitments on diversity, equity and inclusion, say attorneys at Covington.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • How Attys Can Get Reliable Data From Pretrial Focus Groups

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    As jury research becomes more commonplace, many trial attorneys are attempting to run their own focus groups, but they must understand the principles of scientific method and bias to collect reliable data — or they risk relying on misleading, invalid or potentially dangerous information, says Jessica Brylo at Trial Dynamics.

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