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Product Liability
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May 01, 2024
Textron Aviation Must Face Questions In Conn. Death Suits
A Connecticut state court judge says a Kansas-based aircraft manufacturer must answer a series of questions about its connections to the Constitution State after being sued over a 2021 plane crash, disagreeing with most of Textron Aviation Inc.'s personal jurisdiction arguments that it need not face additional interrogatories.
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May 01, 2024
Attys Say $5M Fee In Acella Settlement A Modest Proposal
Plaintiffs' attorneys who recently reached a $46.5 million class action settlement with Acella Pharmaceuticals LLC over faulty thyroid medication asked a Georgia federal judge Tuesday to sign off on their $5 million cut of the deal as a "presumptively reasonable" proposal.
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May 01, 2024
Vape Wholesaler Can't Escape Suit Over Exploding Battery
A Washington federal judge has refused to let e-cigarette wholesaler Vapor Beast LLC out of a suit by a man alleging he was injured by an exploding lithium-ion battery, saying there isn't enough evidence for the court to determine whether his claims were filed on time.
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May 01, 2024
J&J Proposes $6.5B Deal To End Ovarian Cancer Claims
Johnson & Johnson said Wednesday it is proposing a prepackaged reorganization plan for its talc unit that will pay out $6.5 billion to resolve claims that its talc-based baby powder caused ovarian cancer, if a supermajority of claimants agree to the plan.
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April 30, 2024
Chiquita Capitalized On Colombian War, Victims' Families Say
Attorneys representing the families of 10 men killed during Colombia's civil war told a Florida federal jury Tuesday that the Chiquita banana company is liable for their deaths, saying it knowingly funded a right-wing narcoterrorist group that committed atrocities against its workers as the fruit corporation expanded its business.
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April 30, 2024
'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules
Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.
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April 30, 2024
Drug Company Can't Escape Texas Counties' Opioid MDL
A Texas appeals court on Tuesday declined to cut loose a New Jersey-based pharmaceutical manufacturer from Texas multidistrict litigation over opioid addiction in the state, finding that the counties of Dallas and Bexar have demonstrated that it's made deliberate moves toward the Texas market.
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April 30, 2024
3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost
The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.
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April 30, 2024
Dust Spray Maker Hit With $7.75M Verdict Over Fatal DUI
The maker of aerosol dust remover has been ordered by a Minnesota federal jury to pay $7.75 million to the husband of a woman who was killed in a car accident by a truck driver who huffed the spray before getting behind the wheel.
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April 30, 2024
Judge Tosses LTL's Suit Over Article Linking Talc To Cancer
A New Jersey federal judge on Tuesday tossed a suit from the bankrupt talc unit of Johnson & Johnson accusing three doctors of damaging its business through a medical journal article it claimed was backed by "junk science," ruling that the doctors having served as expert witnesses in the Garden State is not enough to show that the court has jurisdiction over its claims.
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April 30, 2024
Pa. Schools Say Railcar Cos. Must Face Derailment Claims
Pennsylvania school districts have told a federal judge that railcar companies cannot evade allegations they negligently shipped toxic chemicals in retrofitted tank cars during last year's Norfolk Southern derailment in East Palestine, Ohio, saying the environmental and health harms in their communities can be tied to the companies' conduct.
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April 30, 2024
Camp Lejeune Litigants Balk At Bellwether Pick Process
The leadership group for former residents of Camp Lejeune who claim that contaminated drinking water caused their diseases has told the North Carolina federal court overseeing their case that it's too soon to limit trials to just plaintiffs who allege only one disease.
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April 30, 2024
EPA Chief Faces House Appropriators Hostile To Agency Regs
Former Interior Secretary Ryan Zinke grilled U.S. Environmental Protection Agency Administrator Michael Regan at a congressional budget hearing Tuesday, telling him a new coal-fired power plant emissions rule threatens to increase ratepayer costs.
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April 30, 2024
8th Circ. Orders BASF Damages Trial In Herbicide Row
An Eighth Circuit panel on Tuesday once again directed a Missouri federal court to hold a trial to assess punitive damages for BASF Corp. in litigation alleging the sale of herbicide-resistant seeds led to the destruction of a farm's peach trees when herbicide drifted from neighboring farms.
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April 30, 2024
Feds Endorse Easing Marijuana Status In Big Policy Shift
Federal drug enforcers will recommend loosening restrictions on cannabis for the first time since the drug was made federally illegal decades ago, the U.S. Department of Justice announced Tuesday.
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April 30, 2024
EPA Finalizes Methylene Chloride Ban
The U.S. Environmental Protection Agency on Tuesday finalized a rule banning all consumer uses and most industrial and commercial uses of methylene chloride, a chemical regulators say can increase cancer risks and cause reproductive damage with repeat exposure.
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April 29, 2024
House Passes Bill To Curb Online Child Exploitation
The House by voice vote passed a bipartisan bill on Monday night aimed at better curbing online child sexual exploitation by improving the nation's centralized reporting system, which now goes to the president's desk.
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April 29, 2024
Pharma Co. Hit With Investor Suit Over Liver Drug Trials
Biopharmaceutical company Akero Therapeutics and three of its executives were hit with a proposed class action in California federal court alleging they made misleading statements about the patient population in a clinical trial for its liver disease treatment.
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April 29, 2024
Texas Judge Says X Can Access Watchdog's Internal Docs
A Texas federal judge has ruled that X Corp. can access the internal communications and donor lists of a media watchdog the tech company accused of spurring advertisers to ditch the social media platform, saying the watchdog hadn't shown a good enough reason to pause discovery.
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April 29, 2024
Apple Says Nothing's Changed To Revive COVID App Suit
Apple urged a California federal judge not to reopen a tossed antitrust lawsuit over the company's refusal to distribute a COVID-19-tracking app on the App Store, arguing that neither new European Union law nor Epic Games' jury win over Google change the dynamics of a case that has favored the iPhone maker at every turn.
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April 29, 2024
Singapore Tech Co. To Pay FTC $1.17M In Mask False Ad Suit
The Federal Trade Commission has inked a $1.17 million deal with Singaporean American company Razer Inc. and its affiliates to resolve claims that it falsely advertised its "Zephyr" air purifier masks as being equivalent to N95 face masks.
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April 29, 2024
HHS Delays Menthol Cigarette Ban Indefinitely
U.S. Secretary of the Department of Health and Human Services Xavier Becerra said Friday that a proposed ban on menthol cigarettes has been put on hold for now, citing the need to process considerable feedback from civil rights groups and the criminal justice movement.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
Drivers, Ford Agree To Resolve Mustang 'Limp Mode' Suit
Ford Motor Co. and consumers have agreed to settle a Florida federal lawsuit over an alleged defect in Shelby Mustang vehicles, reaching an "agreement in principle" to resolve claims that the cars resorted to a performance-reducing "limp mode" after a short period of heavy engine use.
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April 29, 2024
Builders Say State Rulemaking At Stake In Mich. PFAS Case
A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.
Expert Analysis
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Del. Ruling Adds Momentum For Caremark Plaintiffs
The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Best Practices For Untangling Mass Tort Claimants' Liens
Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Opinion
Proposed Rule Misses The Mark On Improving MDLs
The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.