Product Liability

  • September 19, 2024

    Food Safety Org Says EPA Stalling On Sharing Pesticide Info

    The U.S. Environmental Protection Agency is illegally failing to provide important records about how it assesses pesticides' ecological impact and human health risks, the Center for Food Safety said in a new lawsuit.

  • September 19, 2024

    Shot Put Pro Alleges Cannabis Ended His Athletic Career

    A champion collegiate athlete who's won numerous medals in the shot put has filed suit against half a dozen hemp retailers in New Jersey state court, claiming their products caused him to develop a cannabis-induced psychosis that spurred a suicide attempt and ended his professional athletic career.

  • September 19, 2024

    Tyson Foods Hit With Greenwashing Suit For 'Net-Zero' Claim

    Tyson Foods Inc. has been slapped with a complaint by the Environmental Working Group in D.C. Superior Court, accusing the country's second-largest meat company of falsely claiming it will be net-zero by 2050 and misrepresenting its industrial beef products as "climate-smart."

  • September 19, 2024

    AT&T To Pay For Removal Of Hazardous Lake Tahoe Cables

    A California sportfishing nonprofit on Wednesday told a federal court that an AT&T subsidiary has agreed to pay an estimated $1.5 million to remove its lead-clad telecom cables in Lake Tahoe to end litigation that the cables pose a health threat.

  • September 19, 2024

    Snapchat Settles Conn. Bitmoji Sex Assault Case

    Snapchat parent company Snap Inc. has settled a Connecticut state court case accusing it of enabling sexual predators to convince their targets to meet them in person through the use of Bitmojis, which are cartoonish, youthful-looking caricatures of the platform's users.

  • September 19, 2024

    Calif. Vape Co. Says Mich. Store Is Selling Counterfeit G Pens

    California-based GS Holistic LLC is suing a Michigan smoke shop in federal court, alleging that it is selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, infringing its trademarks and harming its reputation.

  • September 18, 2024

    GM Beats Class Suit Alleging Piston Ring Defects

    General Motors LLC has beat a class action accusing it of selling vehicles with faulty engines that consume too much oil, as a Colorado federal judge determined that the drivers couldn't prove a defect now that their expert witness is disqualified.

  • September 18, 2024

    Rescheduling Pot Would Not Hasten Research, Report Says

    A recently enacted law will continue to make it difficult for medical researchers to conduct studies on marijuana, even if federal restrictions are loosened on the drug, according to a new report published Monday by the Congressional Research Service.

  • September 18, 2024

    Health AI Co. Says Texas AG 'Misrepresents' Compliance Deal

    The Texas attorney general's Wednesday announcement of a compliance agreement with a healthcare-focused artificial intelligence company has sparked backlash from the company, which accused the state prosecutor of "dangerously" misrepresenting their agreement.

  • September 18, 2024

    VW Can't Nix $4.7M Mechanic's Brake Pad Asbestos Verdict

    A Washington state appeals court has refused to throw out a $4.7 million verdict in favor of the estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads, rejecting the automaker's arguments that the evidence didn't support the verdict or that the jury instructions were wrong.

  • September 18, 2024

    Altria's Vape As Popular As Kale Juice, Elf Bar Tells Calif. Court

    Blocking the Chinese companies behind Elf Bar from importing their flavored vapes won't increase the market share of Altria Group subsidiary NJOY's nicotine e-cigarettes, the foreign companies argued, saying it's just as unlikely as consumers going from grape juice to kale juice.

  • September 18, 2024

    Cleanup Worker Wants Full 5th Circ. To Review BP Spill Suit

    A worker who alleges that he was exposed to toxic substances while cleaning up the Deepwater Horizon oil spill in 2010 is urging the full Fifth Circuit to review a decision to dismiss his case, saying the panel that upheld the dismissal misconstrued precedent in finding that he needed to show that the discovery he sought was enough to defeat summary judgment.

  • September 18, 2024

    DOJ Says Ship Is Liable For $100M In Baltimore Bridge Collapse

    The U.S. Department of Justice is suing to recover $100 million from the owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March, alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.

  • September 18, 2024

    New Hampshire Residents Push To Save PFOA Class Action

    A class of New Hampshire residents seeking to hold the Saint-Gobain Performance Plastics Corp. liable for the contamination of their properties with a toxic forever chemical is fighting the company's bid for summary judgment.

  • September 18, 2024

    Data Brokers Say NJ Judicial Privacy Law Goes Too Far

    A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.

  • September 18, 2024

    GSK Inks 2 Calif. Zantac Deals

    GlaxoSmithKline LLC on Wednesday said that it had reached two settlements in California state court over allegations that its heartburn drug Zantac had caused cancer, although the company did not disclose the deal amounts.

  • September 18, 2024

    Video Game Giants Want Addictive Games Suit Tossed

    Microsoft Corp., Nintendo of America Inc., Activision Blizzard Inc., Roblox Corp. and other well-known companies in the video game industry moved to dismiss a lawsuit alleging they intentionally got users addicted to their games for profit Tuesday, arguing the case is barred by the First Amendment.

  • September 17, 2024

    Texas Fertility Clinic Hid 'Catastrophic' Lab Issue, Couples Say

    Five couples accused a Houston fertility institute of hiding "catastrophic" laboratory issues that affected patients' embryos, saying in a lawsuit that the entity instead injected multiple hopeful mothers with "dead or dying" eggs.

  • September 17, 2024

    GC Base Salaries At Big Companies On The Rise

    General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

  • September 17, 2024

    Licorice Maker KLN Defeats 'Naturally Flavored' Deception Suit

    A California federal judge has dismissed a proposed class action lawsuit alleging the manufacturer of Wiley Wallaby falsely advertised the licorice as "naturally flavored," finding the suit lacked particularity in alleging that the malic acid used in the product was artificial.

  • September 17, 2024

    Blumenauer Pushes House Speaker To Put Pot Bill To Vote

    U.S. Rep. Earl Blumenauer, D-Ore., on Monday urged House Speaker Mike Johnson to bring bipartisan cannabis legislation to a vote following revelations that Richard Nixon admitted privately that marijuana was "not particularly dangerous" while he publicly waged the war on drugs.

  • September 17, 2024

    Instagram Changing Teen Accounts As Pressure Mounts

    Instagram announced changes Tuesday to its user experience for those under age 18 as it faces increasing concern about children's online safety.

  • September 16, 2024

    Mass. Accounting Firm Hit With Data Breach Class Claims

    Accounting firm Katz Nannis + Solomon PC failed to safeguard sensitive client information and enabled a 2023 data breach, according to a proposed class action in Massachusetts federal court.

  • September 16, 2024

    Parent Drops Suit Alleging Video Game Addiction

    An Arkansas parent has dropped their lawsuit alleging popular entertainment company make addictive video games like Fortnite and Call of Duty that they said had drastic negative implications on their 14-year-old child's life.

  • September 16, 2024

    Amazon Faked Discounts On Fire TVs, Suit Says

    Amazon.com Inc. has been hit with a proposed class action in Washington federal court alleging it advertised fake sales and discounts for its Fire TV products, misleading consumers into believing they were getting a bargain.

Expert Analysis

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Complying With FTC's Final Rule On Sham Online Reviews

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    The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • Opinion

    Big Oil Climate Ruling Sets Dangerous Liability Precedent

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    The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • The State Law Landscape After Justices' Social Media Ruling

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    Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

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