Product Liability

  • 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.

  • 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.

  • March 26, 2024

    BP, Chevron And Others Hit With Climate Change Suit In Pa.

    Bucks County in Pennsylvania has sued BP, Chevron, ExxonMobil and other major oil companies for allegedly deceiving the public about the dangers of fossil fuel pollution, claiming that climate change has caused increasingly severe weather leading to property damage in the county.

  • March 26, 2024

    Boeing Can't Exit Wash. Worker's Birth Defect Suit

    A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.

  • March 26, 2024

    Late Navy Lt.'s Dad Says Northrop Lied About Aircraft Safety

    The father of a U.S. Navy lieutenant who died during an aviation training mission alleges Northrop Grumman Corp. lied to the Navy about the safety of its advanced Hawkeye aircraft despite receiving hazard reports on engine failures dating back to 2015.

  • March 26, 2024

    K&L Gates Consumer Products Chair Joins Venable In LA

    Venable LLP said Monday that the co-chair of K&L Gates LLP's commercial litigation practice and chair of its consumer products and beauty and wellness practice groups has joined the firm's Los Angeles office as a partner.

  • March 25, 2024

    Judge Skeptical Of Ark. Social Media Law But Doesn't Block It

    An Arkansas federal judge appeared skeptical that the state's law limiting minors' social media access would survive a recent constitutional challenge but has allowed the state to continue with limited discovery on whether the law sufficiently targets only platforms that allegedly cause the most harm to underage users.

  • March 25, 2024

    Full 10th Circ. Stands By Revival Of Valero Pipeline Leak Suit

    The full Tenth Circuit refused to budge from a panel's February decision that partly revived an Oklahoma cattle ranch's lawsuit seeking to hold Valero Energy Corp. liable for a pipeline leak that allegedly contaminated the ranch property.

  • March 25, 2024

    J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs

    Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.

  • March 25, 2024

    What To Watch As Opioid Litigation Goes To Ohio High Court

    The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.

  • March 25, 2024

    Solar Co. Downplayed Exposed Wire Issue, Investors Claim

    Energy company Shoals Technologies Group Inc. has been hit with a proposed class action alleging it downplayed the cost of repairing exposed wires for customers and that investors were blindsided when the company finally revealed it would need to spend at least $60 million to fix the issue.

  • March 25, 2024

    Prior Deal Bars Issues-Only Classes In NCAA Football MDL

    An Illinois federal judge has denied a bid by former NCAA football players for issue-only classes in multidistrict litigation over concussion injuries, saying a settlement from a prior MDL specifically prohibits issue-only classes.

  • March 25, 2024

    Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony

    Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.

  • March 25, 2024

    Texas Co. Hit With COVID Products Ban, $37.6M Fine To FTC

    A federal judge has ordered a Houston-area man and his company to pay the FTC nearly $37.6 million, writing that he "took advantage of consumers' desperation" during the COVID-19 pandemic and "consistently misled" customers about his ability to deliver personal protective equipment. 

  • March 25, 2024

    Pool Co. Objects To Rival Counsel's Exit After $15M Verdict

    A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block the rival's counsel from leaving the case, saying the company may use the loss of its attorneys as justification for delaying final judgment.

  • March 25, 2024

    High Court Won't Review Texas Oil Spill Liability Fight

    The U.S. Supreme Court on Monday refused to consider if a mixture of petroleum and chemicals is considered "oil" under federal oil spill law and rejected companies' attempt to revive their suit against a storage terminal operator for polluting the Houston Ship Channel.

  • March 25, 2024

    Boeing CEO To Exit At Year's End Amid 737 Max Crisis

    The Boeing Co. announced Monday that President and CEO Dave Calhoun will exit the company at the end of the year, and the chair of its board will also step down, as the American aerospace giant overhauls its leadership ranks amid an enduring 737 Max crisis.

  • March 22, 2024

    Robitussin Buyers' Lack Of Receipts Dooms Labeling Cert.

    A New York federal judge on Thursday denied class certification in litigation claiming GlaxoSmithKline lied about the "Maximum Strength" label on certain Robitussin cough syrup products, saying although the plaintiffs' lack of receipts does not warrant GSK's bid for summary judgment, it's enough to dismiss the customers' request for certification.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    Youths Ask 9th Circ. To Allow Climate Trial To Proceed

    Youth plaintiffs called on the Ninth Circuit to once again reject the U.S. government's renewed attempt to block a trial that's set to proceed in Oregon federal court over government policies they claim have exacerbated climate change and imperiled their futures.

  • March 22, 2024

    Social Media MDL Jury Issue Put On Hold For Justices' Ruling

    A California federal judge said Friday that she will await the U.S. Supreme Court's anticipated decision in SEC v. Jarkesy before deciding whether states' claims in multidistrict litigation over social media platforms' allegedly addictive design must go to a jury, after the plaintiffs' counsel argued that the case before the high court could implicate tech companies' Seventh Amendment rights.

  • March 22, 2024

    Apple AirTag Judge Open To Injunctive Cert. In Stalking Suit

    A California federal judge overseeing claims that Apple Inc. failed to safeguard its AirTag tracking device from being abused by stalkers said Friday it's "exceedingly unlikely" a proposed damages class will be certified, but a proposed class seeking injunctive relief is likely to snag certification, at least on some claims.

  • March 22, 2024

    Bestwall Says 'Texas Two-Step' Irrelevant To Asbestos Ch. 11

    Bestwall, the bankrupt asbestos unit of Georgia-Pacific, told the U.S. Supreme Court Friday that a pre-bankruptcy corporate restructuring in Texas that separated its asbestos liability from the parent business should not matter in determining whether a bankruptcy court has jurisdiction over the subsidiary's asbestos injury claims.

  • March 22, 2024

    5th Circ. Axes EPA's PFAS Enforcement Against Plastic Co.

    The Fifth Circuit threw out two enforcement actions against a Texas plastic-container manufacturer that the U.S. Environmental Protection Agency accused of creating perfluoroalkyl and polyfluoroalkyl substances in its manufacturing process, saying the agency exceeded its statutory authority.

  • March 22, 2024

    Final OK Sought For Economic Loss Deal In CPAP Recall MDL

    Users of Philips' recalled CPAP breathing machines have asked a Pennsylvania federal judge to give her final OK to their $467.5 million settlement with the company to cover economic loss claims, arguing only a few objections to the deal remain.

Expert Analysis

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 5 Things Trial Attorneys Can Learn From Good Teachers

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    Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.

  • Legal Considerations For Circular Economy Strategies

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    As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

  • Opinion

    Insurance Industry Asbestos Reserve Estimates Are Unreliable

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    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.

  • Preempting Bottled Water Microplastics Fraud Claims

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    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.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    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.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    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.

  • The Challenges Of Measuring Harm In Slack-Fill Cases

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    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.

  • Series

    Skiing Makes Me A Better Lawyer

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    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.

  • Opinion

    High Court Should Endorse Insurer Standing In Bankruptcy

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    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.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    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.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    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.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    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.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    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.

  • 7 Common Myths About Lateral Partner Moves

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    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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