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Product Liability
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May 16, 2024
Weighted Baby Swaddle 'Inherently Dangerous,' Suit Alleges
A Massachusetts company has been hit with a proposed class action over its allegedly "inherently dangerous" weighted baby blankets and swaddling wraps, a product category suspected in multiple infant deaths and under investigation by the Consumer Product Safety Commission.
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May 15, 2024
'Excellent' Altria MDL Deal Earns Attys Fees Above Benchmark
A California federal judge on Wednesday awarded $13.65 million in plaintiffs' attorney fees as part of tobacco giant Altria's $45.5 million deal resolving consumer claims in multidistrict litigation alleging the company helped fuel a youth vaping crisis created by e-cigarette maker Juul, saying the "excellent result" merited fees above the normal 25% benchmark.
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May 15, 2024
UnitedHealth Concealed DOJ Merger Investigation, Suit Says
UnitedHealth Group has been hit with a proposed shareholder class action alleging that it failed to disclose that the U.S. Department of Justice had reopened an antitrust investigation into the health insurance giant following its acquisition of a healthcare data company, and that top executives had sold more than $120 million of shares knowing about the investigation before a news report revealed it to the public.
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May 15, 2024
Monsanto Trials Over Wash. School PCBs Could Merge
In the wake of a Washington Court of Appeals ruling resolving key questions in a series of toxic torts against Monsanto, a state Superior Court judge is considering merging plaintiff cohorts into larger groups ahead of trial, looking to curtail years of costly litigation over alleged PCB contamination at a public school site.
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May 15, 2024
Exec Wants No Jail In Landmark Product Safety Conviction
A former Gree USA executive convicted of failing to immediately report defective dehumidifiers known to catch fire, has asked a California federal judge to sentence him to probation and not incarceration, citing several companies that delayed reporting longer than he did and caused greater harm to customers but weren't criminally charged.
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May 15, 2024
Tesla Must Face Trimmed 'Full Self-Driving' False Ad Suit
Tesla can escape warranty claims in an amended proposed class action alleging the electric automotive giant deceived drivers into falsely believing that its cars can fully pilot themselves, a California federal judge ruled Wednesday, but it must face fraud- and negligence-based claims related to representations made about the vehicles' hardware.
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May 15, 2024
House Panel Weighs Baltimore Bridge Rebuilding Costs
Rebuilding Baltimore's Francis Scott Key Bridge may cost up to $1.9 billion and take at least four years, as accident investigators continue to examine how a cargo ship slammed into the bridge in March and knocked it down, officials told a House panel Wednesday.
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May 15, 2024
Media Coverage Not Enough To Move Flint Water Case
A water engineering company accused by the Michigan attorney general of prolonging Flint residents' lead exposure cannot move its eventual trial out of the region, a Michigan state judge ruled Wednesday, saying the company could not assume the entire jury pool was biased.
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May 15, 2024
Monsanto's $23M False Ad Deal Challenged At 9th Circ.
Counsel representing a certified class of Missouri consumers urged the Ninth Circuit on Wednesday to reverse Monsanto's nationwide $23 million settlement resolving consumer false ad claims over risks associated with its Roundup weedkiller, arguing that Monsanto hid the settlement from the Missouri plaintiffs and that the class is effectively "getting absolutely nothing."
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May 15, 2024
House-Passed FAA Reauthorization Bill Now Heads To Biden
The U.S. House of Representatives on Wednesday approved multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, sending to President Joe Biden a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.
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May 15, 2024
Senators Release 'Road Map' For Crafting Federal AI Policy
A bipartisan group of senators on Wednesday laid out a "road map" for artificial intelligence policy that calls for increased AI innovation funding, testing of potential harms posed by AI and consideration of the technology's workforce implications.
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May 14, 2024
Bedsheet Buyer Attys Clinch $3.5M Fee For Macy's Deal
Lawyers representing a class of consumers that accused Macy's of lying about the thread count of its sheets will get $3.5 million as part of a $10.5 million settlement with the retailer, an Ohio federal judge ruled, but gave the lead plaintiffs a pittance, saying they did not work hard enough to get more.
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May 14, 2024
DOJ Says Boeing Violated 737 Max Deferred Prosecution Deal
Boeing breached its deferred prosecution agreement with the U.S. Department of Justice stemming from the deadly 737 Max 8 crashes, but the government hasn't yet decided whether it will criminally prosecute the American aerospace giant for defrauding regulators, the DOJ said in a Texas federal court filing Tuesday.
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May 14, 2024
Fighters Likely Killed Victims In Chiquita Case, Academic Says
A Colorado professor took the stand Tuesday in Chiquita's trial over accusations that it financed a right-wing Colombian paramilitary group that committed war crimes against civilians, testifying in Florida federal court that it was "extremely likely" the militants killed several men whose deaths family members blame on the banana company.
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May 14, 2024
NC State Fights Cancer Patient's Presuit Building Access
North Carolina State University is pressing the state appeals court to find it is insulated from an "unusual" order allowing a former graduate student worker diagnosed with cancer to inspect a campus building that tested high for levels of carcinogens.
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May 14, 2024
Ship Had Blackouts Day Before Baltimore Bridge Crash, NTSB Says
A container carrier that slammed into Baltimore's Francis Scott Key Bridge and caused its collapse in March experienced two electrical outages during maintenance the day before it even left port, the National Transportation Safety Board said in a preliminary report Tuesday.
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May 14, 2024
Calif. City Sues Dow, Shell Over TCP-Tainted Water
Dow Chemical and Shell USA are facing a negligence suit in California federal court by the city of Pomona, alleging the companies are responsible for manufacturing commercial products containing the toxic 1,2,3-trichloropropane that has migrated into the city's water supply and seeking to recoup costs over response efforts.
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May 14, 2024
Insurer Wants Tainted Wine Coverage Suit Axed For Good
A Nationwide unit asked a California federal court to permanently toss a wine bottling company's suit seeking reimbursement for costs incurred in defending and settling an underlying suit claiming the bottler damaged nearly $1.2 million of wine, saying the company failed to allege facts that would trigger coverage.
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May 14, 2024
Tesla Sued By Enviro Group Over Air Pollution At Calif. Plant
An environmental justice organization filed a citizen action against Tesla on Monday in California federal court alleging that the electric-car maker's plant in Northern California has spewed dangerous pollutants into the air for years and has failed to take sufficient precautions to prevent the emissions.
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May 14, 2024
Mich. AG Says Eli Lilly 'Cherry-Picking' Enforcement Data
Michigan's attorney general has hit back against Eli Lilly's arguments that recent consumer protection law recoveries show her office is not being hampered in its investigations, as she seeks subpoenas in a probe of the pharmaceutical giant's pricing for an insulin drug.
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May 14, 2024
Mother Sues American Airlines Over Son's In-Flight Death
A mother has hit American Airlines with a wrongful death lawsuit, claiming its flight crew members were ill trained and poorly equipped to deal with a medical emergency her teenage son suffered during a flight, according to the complaint filed in Texas federal court.
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May 14, 2024
Firms Escape Malpractice Suit Over Chicken Plant Pollution
Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA have escaped a malpractice suit filed in Delaware Superior Court by parents who hired the firms to pursue claims alleging contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child.
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May 14, 2024
Chinese Drug Co. Sanctioned After 'Tortuous' 3-Year Info Fight
Chinese drug firm Zhejiang Huahai Pharmaceutical Co. Ltd. has been hit with sanctions after its chief executive officer failed to sit for a court-ordered deposition in sprawling multidistrict litigation taking place in New Jersey over generic drugs that U.S. authorities say were contaminated with carcinogens.
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May 14, 2024
What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
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May 13, 2024
Whirlpool Service Plans Don't Guarantee Repairs, Suit Says
Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.
Expert Analysis
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How Firms Can Ensure Associate Gender Parity Lasts
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.
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How Echoing Techniques Can Derail Witnesses At Deposition
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.
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Proposed RCRA Regs For PFAS: What Cos. Must Know
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.
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7 Common Myths About Lateral Partner Moves
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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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Fla. High Court Adopting Apex Doctrine Is Monumental
The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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6th Circ. Ruling Breathes New Life Into Article III Traceability
The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.