Product Liability

  • September 10, 2024

    GM Can't Arbitrate Claims Engines Were 'Engineered To Fail'

    General Motors LLC cannot arbitrate class claims that certain engines were "engineered to fail," an Ohio federal judge has ruled, citing recent Sixth Circuit guidance on when a party waives the right to resolve disputes out of court.

  • September 10, 2024

    Ala. Jury Awards $160M In Defective Truck Seat Crash Case

    An Alabama state jury hit commercial truck manufacturer Daimler Truck North America with a $160 million verdict, in a case where a former trucker claimed the company's defectively designed vehicle caused him to suffer a catastrophic spinal injury following a crash, his counsel said.

  • September 09, 2024

    Mo. Jury Awards $462M In Fatal Big Rig Crash Suit

    A Missouri state jury has awarded $462 million, nearly all in punitive damages, to the families of two men who died when their car rear-ended a big rig and slid under a rear guard that was improperly designed, although the award may be significantly cut under the state's damage cap.

  • September 09, 2024

    Lindt Can't Escape Suit Over Heavy Metals In Dark Chocolate

    Candymaker Lindt & Sprüngli can't escape claims that its dark chocolate contained dangerous levels of lead and cadmium, a Brooklyn federal judge has ruled, saying the consumers' claims that they paid a premium for allegedly defective products counts as an injury.

  • September 09, 2024

    Student Vaping Down By Half-Million Kids, CDC Says

    The number of young people who vape has decreased by roughly half a million, a "monumental public health win," according to the Centers for Disease Control and Prevention, but anti-tobacco advocates say more progress must be made through "crackdowns."

  • September 09, 2024

    FTC Backs Teva Orange Book Delisting At Fed. Circ.

    The Federal Trade Commission is continuing to back Amneal's efforts to have Teva's inhaler patents delisted from the U.S. Food and Drug Administration's Orange Book, telling the Federal Circuit that a lower court was right in determining that Teva's patents do not satisfy the registry's requirements.

  • September 09, 2024

    6th Circ. Affirms Ax Of '100% Raw' Honey-Labeling Fight

    The Sixth Circuit has affirmed a decision tossing consumers' proposed class action over Strange Honey Farm LLC's "100% raw Tennessee honey" labels, finding that while the appellate court has jurisdiction to hear the consumers' appeal, the lower court rightly dismissed the "conclusory" allegations without leave to amend.

  • September 09, 2024

    X Corp. Could Expose Donors To Death Threats, Per Watchdog

    Watchdog Media Matters for America claims that for X Corp. to compel production of its donor lists would breach the First Amendment, saying in a Friday brief in a Texas federal court that if the documents go public, its donors would receive violent threats and other abuse.

  • September 09, 2024

    Norfolk Southern CEO Shaw Faces Misconduct Probe

    Norfolk Southern Corp. is investigating CEO Alan Shaw over allegations of misconduct, casting uncertainty over his future at the rail giant just months after a proxy fight with an activist investor.

  • September 09, 2024

    5th Circ. Lets BP Keep Deepwater Horizon Cleanup Suit Win

    The Fifth Circuit won't upend BP's win in a suit by a boat captain alleging he was injured while helping with the cleanup of the Deepwater Horizon oil spill, finding the trial court rightly excluded his expert for failing to prove that exposure to the chemicals could have caused his claimed injuries.

  • September 09, 2024

    Riddell Helmet Design Contributed To Brain Injury, Suit Says

    The parents of a high school football player who suffered a life-altering injury that left him reliant on a wheelchair have filed a federal product liability suit in Texas against Riddell Inc., the maker of the allegedly defective helmet he was wearing when he was hurt.

  • September 09, 2024

    Baltimore Strikes $80M Opioid Settlement With Teva

    Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.

  • September 09, 2024

    Ohio Train Derailment Plaintiffs Seek Final OK Of $600M Deal

    Residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year are asking an Ohio federal court for final approval of a $600 million settlement, including a $162 million payout for their attorneys.

  • September 09, 2024

    Orrick Trial Pro Jumps To King & Spalding In Miami

    A former Orrick Herrington & Sutcliffe LLP partner and trial attorney has made his new home in King & Spalding LLP's product liability and mass torts practice group in Miami, the firm announced Monday.

  • September 09, 2024

    Ore. Seeks Dismissal Of Psilocybin Disabilities Suit

    Oregon's health regulator has asked a federal judge to dismiss a lawsuit challenging aspects of the state's pioneering regulated psilocybin treatment program, saying that the program's illegality under federal law makes the lawsuit untenable.

  • September 06, 2024

    Calif. Takes AI Reins With Looming Safety, Transparency Laws

    A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond. 

  • September 06, 2024

    Arkema Calls Timing 'Suspect' In Bid To Lift NJ PFAS Suit Stay

    Chemical company Arkema Inc. is arguing that if rival Solvay is allowed to sue it, the litigation could upend an impending settlement worth up to $108 million it negotiated with the state of New Jersey that would end claims over "forever chemical" contamination at a facility both companies owned.

  • September 06, 2024

    Health-Ade Settles Suit Over 'Forever Chemicals' In Kombucha

    A consumer who filed a proposed class action against popular kombucha-maker Health-Ade LLC claiming the beverages contained "forever chemicals" has apparently settled her claims against the company, according to an order issued by a New York federal judge.

  • September 06, 2024

    DuPont Spinoff Must Explain Record Policy For Missing Docs

    A discovery referee for North Carolina's Business Court is ordering a DuPont spin-off to share its document retention policy with the attorney general after dozens of boxes of information the state wanted for a lawsuit over PFAS pollution were not made available from storage facilities.

  • September 06, 2024

    Abbott Hit With False Ad Suit Over Toddler Nutrition Drink

    A proposed class of consumers is suing Abbott Laboratories in California federal court, alleging that it misleads buyers by claiming its toddler drinks provide a number of health benefits when in fact they are harmful and contain added sugars.

  • September 06, 2024

    Calif. Gov. Targets Hemp Intoxicants With Emergency Ban

    California Gov. Gavin Newsom on Friday announced emergency regulations banning products derived from industrial hemp that contain any intoxicating cannabinoids, and setting an age minimum of 21 years to purchase hemp products.

  • September 06, 2024

    'Insanity Tolling' May Save Ford Rollaway Claims, Panel Says

    A split Michigan appellate panel has revived a lawsuit against Ford Motor Co. from a woman who was run over by her Ford Escape, finding her debilitating stress and depression may entitle her to an exception to the statute of limitations.

  • September 06, 2024

    State Law Claims Chopped From Jeep Windshield Defect Suit

    A New Jersey federal judge has dismissed all state law consumer protection claims from a proposed class action alleging FCA US LLC sold Jeep vehicles with defective windshields, finding the plaintiffs' allegations that they did "online research" about the vehicles are not enough to show the company made any misrepresentations.

  • September 06, 2024

    Boeing Loses Bid To Toss Investor Suit Over Blowout

    A Virginia federal judge gave the green light to Boeing investors to continue their securities fraud proposed class suit against the company over one of its planes' midair door blowout in January, rejecting the aerospace giant's motion to dismiss and telling Boeing it had a "real problem" on its hands.

  • September 06, 2024

    SEC Accuses Fla. Men Of Mass Tort Litigation Financing Fraud

    The U.S. Securities and Exchange Commission on Friday accused a father and son from Florida of running a fraudulent litigation funding scheme by promising investors returns from financing mass tort litigation they were not actually funding.

Expert Analysis

  • Lawyers Can Take Action To Honor The Voting Rights Act

    Author Photo

    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • 3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy

    Author Photo

    The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

    Author Photo

    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

    Author Photo

    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

    Author Photo

    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

    Author Photo

    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

    Author Photo

    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Weight-Loss Drugs May Spur Next Major Mass Tort

    Author Photo

    With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.

  • What Cos. Should Know About New Global Plastics Regs

    Author Photo

    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • Del. 3M Ruling Risks Upending Corporate Insurance Programs

    Author Photo

    A Delaware court's findings last week in the 3M earplug insurance litigation that a parent company's defense fee payments don't count toward a subsidiary's self-insured retention and that an insurer's duty to pay defense costs doesn't attach to multidistrict litigation merit closer scrutiny in light of the modern corporate form and the fundamental objectives of MDLs, say Julie Hammerman and Gary Thompson at Thompson HD.

  • And Now A Word From The Panel: Rare MDL Moments

    Author Photo

    Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.

  • Series

    Being A Luthier Makes Me A Better Lawyer

    Author Photo

    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny

    Author Photo

    Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

    Author Photo

    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Nat'l Security Considerations For Telecom Products Counsel

    Author Photo

    An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!