Try our Advanced Search for more refined results
Product Liability
-
February 23, 2024
Social Media Addiction Fight Akin To Big Tobacco, Judge Says
A California federal judge appeared skeptical Friday of dismissing claims by parents and children seeking to hold Facebook founder Mark Zuckerberg liable in sprawling personal injury multidistrict litigation over social media's allegedly addictive design, comparing the addiction allegations to Big Tobacco cases that proceeded past the pleading stage.
-
February 23, 2024
Fla. Doctor Says T-Mobile Let Hacker Steal Her SIM Card
A Tampa, Florida, doctor has sued T-Mobile for allegedly failing to stop a "SIM swap" hacker from transferring her personal phone account and then doing little to address the identity theft that followed, which involved the hacker trying to steal thousands from her retirement account and using her medical credentials to write more than 700 fraudulent prescriptions.
-
February 23, 2024
Tobacco Cos. Look To Nix COPD Suit Decades After Diagnosis
Tobacco companies R.J. Reynolds and Philip Morris asked a Massachusetts state judge on Friday to end a wrongful death lawsuit brought decades after a woman's COPD diagnosis and nearly three years after her death, pointing to a state high court ruling last summer that affirmed strict time limits for such claims.
-
February 23, 2024
5th Circ. Won't Revive Mississippi Plane Crash Suit
The Fifth Circuit has affirmed a Mississippi federal judge's decision dismissing claims by an airplane pilot who was severely injured in a crash, ruling that a lower court was right to dismiss the case on jurisdictional grounds.
-
February 23, 2024
Walgreens Investors Near Deal In Suit Over Opioid Epidemic
An Illinois federal judge agreed Friday to maintain a stay in a stockholder derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids, a day after the parties announced an agreement in principle to resolve their dispute.
-
February 23, 2024
Judge Nixes Walmart 'Raw Honey' False Ad Class Action
A Chicago federal judge granted dismissal of a proposed class action against Walmart alleging its "raw honey" and "organic raw honey" were falsely branded, saying there were no allegations about what the lead plaintiff believed when he bought the products, or what a reasonable consumer would believe.
-
February 23, 2024
US Gun Cos. Seek Time For Justices' Input On Mexico's Suit
Gunmakers facing a recently revived lawsuit looking to hold them liable for firearms trafficking and cartel violence in Mexico on Friday asked a Boston federal judge to stand down and halt proceedings so the U.S. Supreme Court can have a chance to review the case.
-
February 23, 2024
Holland & Knight Product Liability Ace Rejoins Reed Smith
Reed Smith LLP has rehired a former partner who, in his first stint with the firm, spent a little over nine years representing pharmaceutical and medical device companies in product liability and other litigation, the firm announced Thursday.
-
February 22, 2024
Family Dollar Accused Of Knowingly Selling Unsafe Drugs
Two customers hit Family Dollar Stores Inc. and its parent company Dollar Tree Inc. with a proposed class action Wednesday in Florida federal court, alleging the discount chain stored over-the-counter drugs in high temperatures but still sold the unsafe products to consumers.
-
February 22, 2024
Gilead Reaches Deal In Suit Over Counterfeit HIV Drug
Gilead Sciences Inc. has agreed to a deal to end a suit in New York federal court against Safe Chain Solutions LLC over allegedly counterfeit versions of Gilead HIV medications, with Safe Chain being barred from buying certain Gilead products.
-
February 22, 2024
Fire Product Makers Try To Move PFAS Suit To Fed. Court
A group of chemical companies that produce fire suppressants are seeking to move to federal court a suit brought by the Connecticut attorney general looking to rein in the use of PFAS chemicals, saying they are entitled to a federal forum to exercise a "government contractor" defense.
-
February 22, 2024
Things To Watch As Boeing's 737 Max Crisis Grows
Boeing is bracing for another round of government investigations, production pauses and mounting litigation in its enduring 737 Max crisis after last month's midair panel blowout, but experts say a leadership shakeup and promises to enhance inspections offer cold comfort to regulators, airlines and passengers.
-
February 22, 2024
Wolverine Wants Judgment, Sanctions In PFAS Coverage Row
Footwear company Wolverine asked a Michigan federal court Thursday to grant it a win and impose additional sanctions against its insurer for continued "flagrant disregard and willful disobedience of discovery orders" in a dispute over coverage of PFAS chemical injury suits that may set the tone for similar litigation.
-
February 22, 2024
Chamber, Biz Groups Fight Class Cert. In GM Defect Suit
Automotive and product manufacturer associations on Wednesday sided with General Motors in seeking to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying allowing classes to include uninjured drivers would create billions of dollars in unnecessary litigation.
-
February 22, 2024
SoCal Edison Faces More Suits Over 2022 Fairview Fire
Southern California Edison has been slapped in state court with two additional lawsuits by California residents alleging the company should be held liable for causing the deadly Fairview Fire in September 2022 that charred more than 28,000 acres, destroyed 36 structures and killed at least two people.
-
February 22, 2024
Bumble Reaches $315K Settlement In Criminal Screening Case
Dating app company Bumble has agreed to pay $315,000 and change its business practices to settle claims brought by New Jersey Attorney General Matthew Platkin that it failed to disclose its criminal background-check screening policies.
-
February 22, 2024
Anapol Weiss Absorbs Injury Boutique Attys, Adds Partner
Anapol Weiss has joined forces with a Philadelphia personal injury boutique and added a partner from Saltz Mongeluzzi & Bendesky PC, the firm announced this week.
-
February 22, 2024
Judge Wary Of Sanctions Bid In 'Fabricated' Infant Death Suit
A Connecticut federal judge is worried about the possible consequences of sanctioning parties who brought what one company called a "fabricated" product liability lawsuit blaming it and Target Corp. for a baby's death, expressing concern Thursday that any factual findings could interfere with the plaintiffs' right to a jury trial.
-
February 21, 2024
Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban
A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.
-
February 21, 2024
GM Bolt Buyers' Attys Blasted For 'Wasting' Judge's Time
A California federal judge on Wednesday scolded lawyers who filed about 150 "cookie cutter" lawsuits alleging General Motors knowingly sold Chevrolet Bolt electric vehicles with defective batteries, asking why they shouldn't be sanctioned for "wasting" court time as claims for some model years will have to be withdrawn.
-
February 21, 2024
Gov't Says Camp Lejeune Litigants Must Show Specific Cause
The federal government has said that Camp Lejeune plaintiffs need to show that their illnesses were specifically caused by their exposure to contaminated water at the Marine base, not just that they spent 30 days at the base and have an illness that can be caused by exposure.
-
February 21, 2024
Boeing Supplier Slams Investor Suit Over 737 Max Parts
Spirit AeroSystems Holdings Inc. has asked a New York federal court to dump proposed class allegations that it misled investors by failing to disclose pervasive quality problems and a documented history of supplying its chief customer, Boeing, with defective plane parts.
-
February 21, 2024
Justices Squabble Over Emergency Review Of EPA Smog Plan
The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.
-
February 21, 2024
Justices Told NRA Speech Claim Would Thwart Regulation
The ex-head of New York's financial regulator has told the U.S. Supreme Court her statements advising companies to consider their relationships with the National Rifle Association following the 2018 mass shooting in Parkland, Florida, didn't violate the First Amendment, rejecting the NRA's position that the statements were a "veiled threat."
-
February 21, 2024
Nationwide Says Walmart Should Pay NY Humidifier Fire Costs
Walmart should pay for a $165,000 blaze ignited by a humidifier it sold to a Long Island, New York, woman, Nationwide told a New York federal court Wednesday.
Expert Analysis
-
Upside For Advertisers After 2nd Circ. False Ad Suit Revival
Although the Second Circuit's recent revival of the false advertising class action MacNaughton v. Young Living may initially induce stress for advertisers who lack adequate claim substantiation, it is cabined to a unique set of circumstances that most defendants should be able to distinguish, say Julie Simeone and Megha Hoon at Patterson Belknap.
-
How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
-
Rare FDA Move Shows Stance On Remote Monitoring Devices
The U.S. Food and Drug Administration's recent warning letter to iRhythm Technologies represents a relatively unprecedented degree of scrutiny to the remote monitoring device industry, say attorneys at Sheppard Mullin.
-
What Purdue Ch. 11 Means For Future Of Third-Party Releases
The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.
-
Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
-
Fashion Brands Must Be Ready For Greenwashing Claims
Recent greenwashing class actions brought against H&M and Nike in Missouri demonstrate that fashion companies continue to face scrutiny from consumers and environmental advocates over their environmental claims, and must be proactive in their sustainability and transparency practices, say attorneys at Eversheds Sutherland.
-
Diacetyl Jury Verdicts Fuel Continued Flavoring Litigation
As litigation concerning widely used flavoring ingredients, especially diacetyl, has grown — targeting manufacturers of products ranging from microwave popcorn to e-cigarettes — and recent trials have resulted in plaintiff verdicts, it is important for companies to review all flavors used in their products, and the regulations that apply, says Jennifer Steinmetz at Tucker Ellis.
-
5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
-
Tofurky's Beef With La. Labeling Law Leaves Open Questions
In Tofurky's recent challenge to a Louisiana law against intentionally misleading food claims, the Fifth Circuit sidestepped a central free-speech issue, but other courts may have to confront whether similar but more broadly worded statutes in meat-free labeling violate the First Amendment, say Henry Wainhouse and Jonah Knobler at Patterson Belknap.
-
Rebuttal
2nd Circ. Reinsurance Ruling Correctly Applied English Law
Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.
-
The Texas Two-Step May Be Losing Steam
The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.
-
Ohio's Adoption Of EPA Rules Will Aid Hazardous Waste Cos.
Ohio's recent adoption of a new hazardous waste rules package aligned with federal standards will significantly improve operations for waste handling and transportation businesses operating in the state by simplifying the permitting process, say attorneys at Vorys.
-
Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
-
Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.
-
Opinion
Despite Its Plan Objections, UST Also Won In Purdue Ch. 11
The Second Circuit’s recent decision approving Purdue Pharma’s reorganization plan is a win even for the dissenting Office of the U.S. Trustee because the decision sets extremely stringent guidelines for future use of nonconsensual third-party releases, say Edward Neiger and Jennifer Christian at Ask.