Product Liability

  • March 07, 2024

    Asbestos Claimants Refuel Bid To Chuck Bestwall Ch. 11

    Mesothelioma victims seeking recompense for asbestos exposure are taking another stab at throwing out the bankruptcy case of Georgia-Pacific unit Bestwall LLC, telling a North Carolina federal judge that the papermaker has abused the bankruptcy process to shield itself from liability.

  • March 07, 2024

    Sens. Tell Stores To Get Illegal E-Cigs Off Their Shelves

    Five U.S. senators on Thursday told the heads of major convenience store and gas station chains to stop sales of unauthorized flavored e-cigarette products, saying that their illegal sales pose a major threat to public health, especially children's.

  • March 07, 2024

    Dog Owner, Co. Can't Drop Claim From Pet Food Labels Trial

    A Washington federal judge won't let a dog owner and Champion Petfoods LP defer an unjust enrichment claim until after a trial scheduled to begin in April over allegations that the company misled consumers about the ingredients in its food.

  • March 07, 2024

    NM Residents Sue 3M, DuPont For PFAS-Contaminated Water

    New Mexico residents are seeking to hold a slew of major chemical companies liable for allegedly contaminating the aquifer supplying water to their private household wells with forever chemicals stemming from the companies' sale and manufacture of firefighting foam.

  • March 07, 2024

    Equity Concerns Follow Mass Torts' March Into Bankruptcy

    After decades of suffering and waiting, a group of more than 82,000 childhood sexual abuse survivors recently reached a $2.5 billion bankruptcy settlement with the Boy Scouts of America and related groups. Yet the survivors may once again be in suspense.

  • March 07, 2024

    Monsanto, Seattle Spar Over Guardrails For Possible PCB Trial

    Monsanto Co. and Seattle are wrangling over evidentiary matters in the city's suit over PCB pollution in the Lower Duwamish Waterway, with each side asking a Washington federal judge to impose limits for a possible trial that's currently set for September.

  • March 07, 2024

    Nissan Cooling Fans Defective, Class Suit Claims

    A proposed class of car buyers is suing Nissan North America Inc. in Tennessee federal court, alleging the automaker made and sold Pathfinder and Infiniti vehicles with defective radiator fans, leading to engines overheating and shutting down.

  • March 06, 2024

    Juul MDL Judge Asks Feds To Probe AI Fraud In $45.5M Deal

    A California federal judge Wednesday approved e-cigarette Juul investor Altria's $45.5 million settlement and counsel's $13.65 million fee request to resolve consumer claims in Altria's broader $235 million multidistrict settlement agreement, but said fraudulent claims submitted by AI and "click farms" are a "real problem" prosecutors should investigate.

  • March 06, 2024

    6th Circ. Orders Do-Over For Insurer's $3.3M Recoupment Row

    A Sixth Circuit panel on Tuesday revived a Chubb unit's bid to recoup costs from two other insurers after it helped windshield repair company Safelite pay for its defense against a competitor's suit, saying the lower court must conduct an analysis to determine whether the other carriers were prejudiced by late notice.

  • March 06, 2024

    Norfolk Southern Can't Shift Cleanup Costs To Tank Car Cos.

    Norfolk Southern cannot dump environmental cleanup costs on seven tank car owners and shipping customers with rail cars transporting chemicals and hazardous materials on the train that derailed in East Palestine last year, an Ohio federal judge said Wednesday.

  • March 06, 2024

    5th Circ. Weighs 'Very Complex' Chemo Hair Loss Dispute

    The Fifth Circuit is weighing whether two drug manufacturers had an obligation to expedite changing the label on their chemotherapy medications to warn of permanent hair loss in a case one justice describes as "a very complex situation" that will have far-reaching consequences for drugmakers and patients.

  • March 06, 2024

    Ford Settles Georgia Auto Crash Death Suit Days Before Trial

    Ford Motor Co. has reached a settlement less than a week before a jury trial was set to begin in a suit alleging it was liable for a rollover crash that killed a teenage motorist, the parties told a Georgia federal judge Wednesday.

  • March 06, 2024

    Judge May Sit In On Depos In Abbott Formula MDL

    An Illinois federal judge overseeing multidistrict litigation in which Abbott Laboratories' Similac infant formula is alleged to have caused a deadly illness in premature babies said Wednesday she would hold off on appointing a special master following claims of improper deposition conduct, offering to tune in to depositions to help move things along.

  • March 06, 2024

    NTSB Chief Says Boeing Isn't Sharing Info In Blowout Probe

    The National Transportation Safety Board's chief told a Senate panel Wednesday that The Boeing Co. still hasn't provided information about the door plug that blew off a 737 Max 9 jet two months ago, fueling troubling new questions as Boeing faces multiple probes into its safety culture and quality control.

  • March 06, 2024

    NY Gets $7.8M Default Win Against Seller Of 'Ghost Gun' Kits

    A New York federal judge on Monday awarded the state $7.8 million in a default judgment against Indie Guns LLC, which was accused of selling "ghost guns," noting the company has been without an attorney for a year.

  • March 06, 2024

    Fla. Law Blocks Punitive Damages In Smoker Death Suit

    A Florida appeals panel on Wednesday denied a woman's bid for punitive damages against Philip Morris USA Inc. in a wrongful death suit, saying the trial court properly found that a state law blocks the damages.

  • March 06, 2024

    PacifiCorp Must Pay $42.4M To Oregon Fire Victims, Jury Says

    A Portland jury said Tuesday that electric power company PacifiCorp must pay $42.4 million to compensate another 10 victims of devastating Labor Day fires that burned in Oregon in 2020, with thousands more class members awaiting potential trials.

  • March 06, 2024

    Otterbourg Formalizes Bankruptcy, Mass Torts Practice Group

    As many BigLaw firms continue chasing bankruptcy talent, Otterbourg PC announced the formalization of a cross-departmental mass tort bankruptcy practice group under the leadership of a recently hired restructuring attorney and a longtime Otterbourg litigator.

  • March 06, 2024

    Power Co. Can't Escape Explosion Fraud Claim

    An infrastructure supply company can't toss a fraud claim brought by an industrial company's insurers in a suit seeking to recoup $18.7 million in damages for a manufacturing facility explosion, an Ohio federal court ruled, finding that the carriers can bring both a breach of contract claim and a fraud claim.

  • March 05, 2024

    Poland Springs Sued Over Microplastics In 'Natural' Water

    Poland Springs is being falsely marketed as "100% natural spring water," a description that isn't accurate thanks to the "dangerous levels of microplastics" found in the bottled water, according to a proposed class action filed Tuesday in New York federal court.

  • March 05, 2024

    Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says

    An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.

  • March 05, 2024

    Gibson Dunn AI Leader On Weathering The AI Policy Blizzard

    Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.

  • March 05, 2024

    Pharmacist Takes Deal In Mich. Over Fatal Meningitis Outbreak

    The founder of a Massachusetts drug compounding center that was the source of a deadly meningitis outbreak has pled no contest to 11 counts of manslaughter brought by Michigan state prosecutors, the latter state's Department of Attorney General announced Tuesday.

  • March 05, 2024

    Texas Court Clears Gun Dealer In Suit Over Woman's Suicide

    A suit accusing sporting goods giant Academy Sports + Outdoor of negligently selling a handgun to a woman who used it to kill herself was properly dismissed, a Texas appeals court ruled Tuesday, saying that because the company's sale was lawful it can't be blamed for her death.

  • March 05, 2024

    FTC Chair Decries PE's Healthcare Impacts As Probe Starts

    Federal Trade Commission Chair Lina Khan on Tuesday lamented what she deemed the "financialization" of healthcare resulting from private equity buyouts, in remarks coinciding with the launch of a multijurisdictional request for public comment on PE and other companies' growing control over the healthcare system.

Expert Analysis

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

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