Product Liability

  • August 29, 2024

    5th Circ. Says Pot Use Doesn't Bar Gun Ownership

    The Fifth Circuit on Wednesday ruled that a federal law barring firearm possession by marijuana users is unconstitutional specifically as it pertains to a nonviolent user who was not actively intoxicated at the time of her encounter with law enforcement.

  • August 28, 2024

    Calif. Assembly OKs 1st-Of-Its-Kind AI Safety Bill

    California lawmakers on Wednesday approved a groundbreaking proposal that would set safety and security standards for large artificial intelligence models.

  • August 28, 2024

    Telegram CEO Indicted In France Over Crimes On Platform

    Paris prosecutors on Wednesday unveiled wide-ranging criminal charges against Pavel Durov, the founder and CEO of encrypted messaging-platform Telegram, accusing him of aiding illegal child-pornography, fraud and other crimes and obstructing investigations, and barring him from leaving the country.

  • August 28, 2024

    Mich. Pot Co. Says Court Can Hear Suit Against IP Atty

    A Michigan cannabis company can maintain its lawsuit against an attorney and his wife who it claims badmouthed it on social media, a federal judge ruled, after the business showed the court has jurisdiction over the couple.

  • August 28, 2024

    6th Circ. Frees Mich. City, Mayor From Lead Pollution Suit

    The Sixth Circuit on Wednesday tossed all but one remaining defendant from a proposed class action filed by residents of Benton Harbor, Michigan, over elevated lead levels found in the city's tap water, finding allegations that the mayor misled the public to be vague and conclusory.

  • August 28, 2024

    'Smoking-Gun' Flaw Found In New Ark. Hemp Law, Say Cos.

    In a legal fight over a recent Arkansas state law restricting hemp-derived intoxicants, the hemp companies who brought the challenge told a federal judge Wednesday they found "smoking-gun evidence" from regulators showing the 2023 law is unconstitutionally vague.

  • August 28, 2024

    J&J Spinoff Beats Suit Over Tylenol 'Rapid Release' Labels

    A New York federal judge tossed Tuesday a proposed class action accusing a Johnson & Johnson spinoff of misleading consumers by falsely claiming Tylenol's "Rapid Release" gelcaps relieved pain faster than alternative acetaminophen pills, finding the consumer's state claims are preempted by federal regulations.

  • August 28, 2024

    9th Circ. Rejects Brady Violation Claim In CWA Conviction

    The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.

  • August 28, 2024

    Injured Driver Asks 6th Circ. To Revive Hyundai Car-Theft Suit

    An Ohio motorist who was injured in a crash involving a stolen Hyundai vehicle driven by a teenager told the Sixth Circuit on Wednesday that the automaker must be held liable for knowingly selling defective theft-prone vehicles, and ineffectively combating a viral TikTok trend that launched a car-theft "epidemic."

  • August 28, 2024

    Calif. Couples Drop FujiFilm Suit Over Destroyed Embryos

    California couples who sued a manufacturer of oil used in the in vitro fertilization process claiming the product killed their embryos are looking to drop their federal suit.

  • August 28, 2024

    Ford Buyers Fight Arbitration Bid In Faulty Transmission Case

    A class of car buyers who claim Ford Motor Co. sold vehicles with bad transmission systems asked a Massachusetts federal judge to deny the carmaker's bid to arbitrate some of the claims, arguing Ford is trying to "dramatically expand the scope" of arbitration agreements with dealerships.

  • August 28, 2024

    Del. Justices OK Mid-Case Appeal In Zantac Class Suit

    The Delaware Supreme Court on Tuesday said it would hear a mid-case appeal in mass tort litigation over claims that the heartburn drug ranitidine, widely sold under the name Zantac, caused cancer.

  • August 28, 2024

    The Biggest Enviro Cases To Watch In 2024: Midyear Report

    Environmental attorneys can expect to see several developments in pending litigation during the remainder of 2024, including two cases that the U.S. Supreme Court has agreed to hear about Clean Water Act regulations for San Francisco and the extent of the federal government's authority as part of environmental reviews for projects. Here are some of the biggest cases to watch in the rest of 2024.

  • August 28, 2024

    TikTok Lawsuit, Kids' Privacy Bills Push Cos. 'Back To Basics'

    The federal government's lawsuit challenging TikTok's policing of kids on its platform and mounting efforts to boost online protections for teens is ramping up pressure on a broad range of website operators, highlighting the importance for companies to think beyond existing legal frameworks to avoid growing legal scrutiny.

  • August 28, 2024

    Attys Duel Over Fees After $12.8M Deal In Chiquita MDL

    Attorneys for different sets of plaintiffs in long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitary groups are facing off over attorney fees after a settlement in the case.

  • August 27, 2024

    No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says

    The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.

  • August 27, 2024

    Miss. Seafood Co. Pleads Guilty To 'Fish Substitution' Scheme

    The largest seafood wholesaler in the Mississippi Gulf Coast and two of its managers pled guilty Tuesday to scheming with others to market and sell cheap frozen fish imports as premium and locally sourced, federal prosecutors in Mississippi announced.

  • August 27, 2024

    Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit

    Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.

  • August 27, 2024

    Cherokee Nation's Opioid Suit Sent Back To State Court

    An Oklahoma federal judge has adopted a magistrate judge's recommendation to send a Cherokee Nation opioid lawsuit against pharmaceuticals distributor Morris & Dickson back to state court, agreeing that the negligence case isn't predicated on a duty arising out of the federal Controlled Substances Act.

  • August 27, 2024

    Baby Sound Machine Co. Sued Over Shock Hazard Recall

    A parent has launched a proposed class action against Hatch, a California-based manufacturer of sound machines for sleeping, claiming its plugs can shock users.

  • August 27, 2024

    Self-Driving Truck Co. Inks $189M Deal To End Investor Suit

    Self-driving trucking company TuSimple Holdings Inc. has agreed to pay $189 million to settle a class action lawsuit alleging it misled investors about its safety record and payments to a Chinese rival that opened it up to U.S. government investigations, according to a filing in California federal court.

  • August 27, 2024

    Clark Hill Adds Atty In NYC From Schoeman Updike

    Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.

  • August 27, 2024

    Asbestos Claimants Tell 4th Circ. Bestwall Isn't Distressed

    The official committee of asbestos claimants in the Chapter 11 case of Georgia-Pacific unit Bestwall told the Fourth Circuit that the company's bankruptcy should be tossed because commitments to fund asbestos liabilities by the parent mean the debtor isn't facing financial distress.

  • August 27, 2024

    Car-Sharing Co. Turo Accused Of Shirking Own Arb. Terms

    California-based car-sharing company Turo has been hit with a proposed class action in Illinois federal court claiming it violated its own terms of service by refusing to arbitrate consumers' disputes or pay its required portion of the arbitration filing fees.

  • August 27, 2024

    Samsung Must Face Exploding Vape Battery Suit

    Samsung can't escape a suit over injuries sustained by a man after a lithium-ion battery exploded in his pocket, a Houston appellate court ruled Tuesday, rejecting the South Korean company's argument that a Texas court doesn't have jurisdiction because it doesn't do business directly in Texas.

Expert Analysis

  • Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares

    Author Photo

    In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.

  • Prejudicial Evidence Takeaways From Trump Hush Money Trial

    Author Photo

    The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.

  • Opinion

    No Matter The Purdue Ruling, Mass Tort Reform Is Needed

    Author Photo

    The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

    Author Photo

    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

    Author Photo

    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

    Author Photo

    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

    Author Photo

    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • Best Practices For Chemical Transparency In Supply Chains

    Author Photo

    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • How Associates Can Build A Professional Image

    Author Photo

    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

    Author Photo

    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • Firms Must Rethink How They Train New Lawyers In AI Age

    Author Photo

    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • A Plaintiffs-Side Approach To Cochlear Implant Cases

    Author Photo

    As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.

  • Think Like A Lawyer: Always Be Closing

    Author Photo

    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

    Author Photo

    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

    Author Photo

    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!