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Product Liability
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
Hyundai, Kia Drivers Want $13M Fees In Car Theft Defect Deal
A consumer class of Hyundai and Kia drivers who claimed that the companies knowingly sold them cars with defects that made them easy to steal asked a California federal judge for final approval of their $145 million deal, with $13.4 million in fees, after an objector said the deal wasn't enough.
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April 22, 2024
Supreme Court Will Hear Feds' Ghost Guns Ban Appeal
The Supreme Court on Monday agreed to hear an appeal from the federal government seeking to block an injunction excluding two companies from a rule classifying so-called ghost gun kits as firearms.
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April 19, 2024
Meta Faces Uphill Fight To Nix AG Claims In Addiction MDL
A California judge expressed skepticism Friday over Meta's bid to ax the claims of 34 state attorneys general from multidistrict litigation over social media platforms' allegedly addictive design, saying Meta and its co-defendants haven't been transparent about how their platforms work, and it's plausible the states can obtain psychiatric treatment receipts to show economic injuries.
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April 19, 2024
Flint Class Urges Approval Of $25M Water Firm Settlement
A proposed class of 45,000 Flint, Michigan, property owners, businesses and adult residents on Friday urged a Michigan federal court to give the go-ahead to a $25 million settlement with Veolia North America, the last remaining engineering defendant in sprawling litigation over the city's water crisis.
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April 19, 2024
Walgreens Inks $110M Deal To End Philly Opioid Crisis Suit
Walgreens will pay the city of Philadelphia $110 million over the next five years to settle claims that it contributed to the opioid epidemic by ignoring suspicious prescriptions for addictive opioid painkillers, city officials announced Friday.
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April 19, 2024
Shampoo-Maker Can't Wash Away 'Natural' False Ad Suit
An Illinois federal judge on Thursday trimmed but refused to toss a proposed class action alleging Dr. Squatch LLC deceptively labels its shampoo as "natural" even though it contains multiple artificial ingredients, saying the consumers had sufficiently alleged consumer fraud and unjust enrichment.
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April 19, 2024
Defense Firms Say 'Political Question' Dooms Yemeni War Suit
Three defense contractors warned a D.C. federal court that it would be improperly meddling with the executive branch's national security decisions if it didn't toss a lawsuit accusing the companies of supplying weapons used in Yemen's deadly civil war.
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April 19, 2024
J&J Unit Sued Over Defective Knee Replacements
A woman is suing Johnson & Johnson unit DePuy Orthopaedics in New Jersey federal court, alleging it marketed and sold a faulty knee replacement system that's prone to failing, requiring additional surgery to fix the issue.
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April 19, 2024
Nevada Justices Stop Block On State's Ghost Gun Ban
The Nevada Supreme Court has reversed an order blocking enforcement of state laws blocking the sale of so-called ghost gun kits, saying the lower court was wrong in finding the laws were unconstitutionally vague.
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April 19, 2024
Arnold & Porter Atty Returns To Greenberg Traurig In Calif.
Greenberg Traurig LLP has rehired a former associate from Arnold & Porter Kaye Scholer LLP whose practice focuses on a range of environmental litigation dealing with cancer-causing chemicals, plastic pollutants and the laws surrounding their regulation.
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April 19, 2024
Pennsylvania Chocolate Factory Sued Over Fatal Explosion
The estate representing another victim of a 2023 fatal explosion at a Pennsylvania R.M. Palmer chocolate factory has filed suit in state court, claiming the candy company, the gas company and the maker of the plastic gas line all contributed to the catastrophe.
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April 19, 2024
EPA Says 2 'Forever Chemicals' Are Hazardous Substances
The U.S. Environmental Protection Agency on Friday officially declared two "forever chemicals" to be hazardous materials under federal law, which could bring a host of consequences for Superfund site cleanups and development projects.
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April 18, 2024
LG Chem Wants NC Man's Exploding Battery Suit Tossed
LG Chem Ltd. is urging a North Carolina federal court to throw out a man's suit alleging that he was injured when one of the company's lithium batteries exploded in his pocket, saying the court doesn't have jurisdiction over the South Korean company.
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April 18, 2024
NY Fertility Clinic Must Face Lost, Damaged Embryos Suit
A New York appellate panel issued a published opinion Thursday reviving a suit over the loss or damage of embryos due to a fertility clinic's alleged negligence, saying the routine storage and maintenance of frozen embryos can be considered ordinary negligence rather than medical malpractice.
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April 18, 2024
Chancery OKs Case Lead For Blue Bell Creameries Suit
A Delaware vice chancellor on Thursday restored a Blue Bell Creameries Inc. stockholder's widow as lead plaintiff in a derivative suit seeking to hold directors and officers of the ice cream company accountable for deadly food-safety oversight failures in 2015.
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April 18, 2024
Gov't Urges Redo Of Opt-Out Ruling In Camp Lejeune Suits
The federal government has asked the North Carolina federal court overseeing the litigation over contaminated water at the Camp Lejeune base to rethink its decision from two months ago to allow some plaintiffs to opt out of discovery pre-trial.
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April 18, 2024
J&J Notches Win In Fla. Talcum Powder Trial
A Florida state jury returned a verdict for Johnson & Johnson on Thursday, finding the company's talcum-based baby powder had not been shown to cause the ovarian cancer of a longtime user of the product.
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April 18, 2024
Pharma Co. Wants Tribe's Opioid Suit To Stay In Federal Court
A pharmaceuticals distributor has asked an Oklahoma federal court to reject a magistrate judge's recommendation to move to state court a suit accusing it of flooding the Cherokee Nation's communities with opioids, saying the tribe's complaint raises a substantial question of federal law.
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April 18, 2024
Coffee Bean Hit With ADA Suit Over Costly Milk Alternatives
The Coffee Bean & Tea Leaf customers hit the coffee chain with a proposed class action Wednesday in California federal court, alleging it discriminates against people with lactose intolerance by requiring consumers to pay a surcharge for dairy-free alternatives.
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April 18, 2024
Endo Pleads Guilty To Marketing Opioids As 'Crush Proof'
Endo Health Solutions Inc. pled guilty Thursday in Michigan federal court to putting out a drug it falsely advertised as being "crush proof" and "abuse deterrent," part of its larger agreement with the government to resolve nearly $2 billion in civil and criminal claims against the company.
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April 18, 2024
GM Hit With New Suit Over Transmission Defects
A proposed class of car buyers has filed a new lawsuit alleging that General Motors LLC knowingly sold vehicles with defective transmissions, this one involving state law claims not included in a separate action that achieved class certification last year.
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April 18, 2024
Admiral Balks At Covering Menendez Ally In Pollution Suit
Admiral Insurance Co. is asking a New Jersey federal court for a declaration that it owes no coverage to a businessman who is a co-defendant in U.S. Sen. Bob Menendez's bribery trial in a decade-long suit by Edgewater Borough over contamination at a construction site.
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April 18, 2024
FDA Head Gets GOP Rep.'s Rebuke Over Pot Rescheduling
The Republican chair of a U.S. House of Representatives Appropriations subcommittee on Thursday chided the commissioner of the U.S. Food and Drug Administration for the agency's recommendation last year to loosen restrictions on marijuana.
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April 17, 2024
Trial-Ready Paraquat MDL Cases Tossed After Testimony Axed
An Illinois federal judge on Wednesday threw out the first group of trial-ready cases over the herbicide paraquat, agreeing with Syngenta and Chevron that the plaintiffs' expert testimony must be excluded and finding that the cases fail without that testimony.
Expert Analysis
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Conn. Regulators Are Coming For Unlawful Cannabis Sales
Regulatory and enforcement efforts against unlicensed cannabis sales in Connecticut have been ramping up this year, so it behooves retailers to prioritize compliance with all relevant statutes, lest they attract unwelcome scrutiny, says Eric Del Pozo at Shipman & Goodwin.
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9th Circ. Kellogg Ruling Offers Protein Claim Defense Tips
The Ninth Circuit's recent opinion dismissing consolidated false advertising class actions against Kellogg and Kashi should be required reading for manufacturers that include protein-related claims on their product labels because it significantly clarifies the viability of state law challenges to those claims, say Olivia Dworkin and Cortlin Lannin at Covington.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Opinion
Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases
In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.
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Mont. Kids' Climate Decision Reflects 3 Enviro Trends
A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.
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3 Lessons From Mock Trials That Attys Can Use In Practice
The hordes of data gleaned from mock trial competitions can isolate the methods that maximize persuasion, providing key principles that attorneys in every practice area can incorporate into their real-world trial work, say Spencer Pahlke at Walkup Melodia and Justin Bernstein at UCLA.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Retailers Face Compliance Issues As PFAS Regulations Grow
As per- and polyfluoroalkyl substance legislation, and the potential for litigation, continues to evolve and spread nationally, retailers should focus on supply chain management, inventory audits and maintaining strong internal standard operating procedures as a way to manage compliance and minimize risk, say attorneys at Dentons.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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How Jurors' Great Resignation Views Affect Corp. Defendants
With recent surveys finding that many workers expect to leave their jobs in the next year, corporate defendants should consider measuring potential jurors’ attitudes about the "great resignation," which may reveal biases against large corporations and beliefs about personal responsibility, say Jorge Monroy and David Metz at IMS Consulting.
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10 Legal Subject Matters Popping Up In AI Litigation
The past five years have brought judicial opinions addressing artificial intelligence in many different legal areas, so a study of existing case law is an important first step for in-house counsel addressing how to advise on the uncertainty driving many of the AI legal disputes, says Mark Davies at Orrick.
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Steps To Take On AI Operations Amid FTC's ChatGPT Probe
Following the Federal Trade Commission's civil investigative demand for OpenAI, it is foreseeable that many more investigations into artificial intelligence and its impact on consumers are coming, but companies can be prepared, say David Shonka and Benjamin Redgrave at Redgrave.
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Insurers, Prepare For Large Exposures From PFAS Claims
With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.