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Product Liability
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April 10, 2024
Paper Companies Still Liable In Superfund Row, Judge Says
A Michigan federal judge held that International Paper Co. and Weyerhaeuser Co. can still be sued for future cleanup costs of a Michigan superfund site after the Sixth Circuit cut them loose from their portion of a $49 million bill for cleanup costs to date.
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April 10, 2024
Botched Herbicide Job Spoiled 'God's Creation,' Ga. Jury Told
Counsel for a rural Georgia quail hunting operation told an Atlanta federal jury Wednesday that when their client hired a company to thin out the woods on its property with herbicide, it instead brought "death and destruction" to the bucolic retreat.
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April 10, 2024
GM Hit With Class Action Over 'Shift-To-Park' Defect
General Motors vehicles have a defect that prevents vehicles from detecting when they are in park, stopping drivers from shutting off or locking the vehicle and causing batteries to drain, a proposed class of drivers alleged in a new suit Tuesday.
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April 10, 2024
Children Fight Feds' Bid To Dodge Constitutional Climate Suit
A group of children has fired back at the federal government's attempt to dismiss its California federal court lawsuit alleging the U.S. Environmental Protection Agency knowingly allows unsafe levels of climate pollution despite the Constitution guaranteeing "a life-sustaining climate system."
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April 10, 2024
BCLP Adds Former Prosecutor As Trial Partner In Seattle
One week after combining with a 12-member Seattle litigation group, Bryan Cave Leighton Paisner LLP has added a litigation and investigations partner in the Emerald City, the firm said Wednesday.
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April 10, 2024
EPA Finalizes First-Ever PFAS Drinking Water Standards
The U.S. Environmental Protection Agency on Wednesday announced the final version of its first-ever regulatory limits on "forever chemicals" in drinking water, a move the EPA said will be accompanied by nearly $1 billion in new funding for implementation.
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April 09, 2024
After Uproar, New MDL Rule Advances With Attys Assuaged
Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.
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April 09, 2024
Calif. AG Backs Bill To Revamp 'Abysmal' Corporate Penalties
California Attorney General Rob Bonta gave his full support Tuesday to a state bill that would increase the cap on criminal penalties for corporate malfeasance from the "abysmal penalty" of $10,000 per felony to $25 million, or twice the value of the inflicted loss, and provide all proceeds to California's crime victim services.
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April 09, 2024
Philips, Feds Enter Consent Decree Over Sleep Apnea Devices
Philips Respironics can't make sleep apnea breathing machines until it hires an independent monitor, undergoes inspections and meets its obligations under a plan to remediate patients affected by a 2021 recall of such devices, the U.S. Department of Justice and U.S. Food and Drug Administration announced Tuesday.
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April 09, 2024
What's In The Norfolk Southern $600M Derailment Deal
Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.
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April 09, 2024
Venable Snags Trio Of Product Liability Partners From Steptoe
Three Steptoe LLP product liability and mass torts partners have departed the firm and joined Venable LLP in Chicago and Los Angeles, according to an announcement Tuesday.
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April 09, 2024
Dole Escapes Fruit Snack False Ad Suit, For Now
A California federal judge has tossed a proposed class action accusing Dole Packaged Foods LLC of falsely labeling its fruit snacks as nutritious and healthy when the products are filled with sugar, saying the challenged statements are "puffery."
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April 09, 2024
Navajo, Mine Operator Look To Settle Last Waste Spill Claims
A New Mexico federal judge has stayed litigation in the Navajo Nation's remaining claims against a Gold King Mine operator stemming from a hazardous waste spill that spurred nearly a decade of litigation after the parties said they reached a settlement in principle.
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April 09, 2024
Judge Says He'd Be Spooked By Mercedes Recall Notice
A Washington federal judge hinted on Monday that a Mercedes-Benz driver likely had standing in a proposed class action after getting a recall notice about a potentially dangerous brake issue, with the judge remarking that such a warning would make him afraid to take his car on the road until an inspector cleared it.
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April 09, 2024
Jones Day's FOIA Suit Turning Into Judicial Quagmire
A Michigan state judge said what he initially thought was a straightforward open-records dispute had turned into a complicated mess, as law firm Jones Day argued Tuesday that a Michigan agency must turn over documents related to its crackdown on the family of toxic chemicals known as PFAS.
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April 09, 2024
Wash. High Court Leaves Gun Magazine Ban In Place
The Washington state Supreme Court has paused a judge's ruling that the state's law banning the sale of large-capacity magazines for firearms is unconstitutional.
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April 09, 2024
Gun Shield Law Constitutional, Arms Co. Tells Pa. High Court
Springfield Armory Inc. has asked the Pennsylvania Supreme Court to undo a ruling that it was not immune from product defect claims filed by the family of a boy who was shot by a friend thinking one of the company's guns was unloaded, arguing that Congress intended to prevent such lawsuits with the Protection of Lawful Commerce in Arms Act.
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April 09, 2024
EPA Reaches $1.4M Deal With Chemical Co. Over Plant Fire
The U.S. Environmental Protection Agency on Monday said that it had recently reached a settlement with Houston-based Sasol Chemicals LLC over a 2022 chemical plant explosion in Westlake, Louisiana, over which the company agreed to pay more than $1.4 million in civil penalties and fix violations.
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April 09, 2024
Smith & Wesson Can't Keep Mass Shooting Case In Fed. Court
The Seventh Circuit ruled Monday that Smith & Wesson must litigate in state court lawsuits brought by survivors and the families of victims who were killed or wounded in the July 4, 2022, Highland Park, Illinois, parade shooting, rejecting the gunmaker's argument that its compliance with federal regulators mandated federal jurisdiction.
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April 09, 2024
Jury Must Hear Terrorism Payments Were Extortion, Chiquita Says
Banana company Chiquita argued Tuesday it should not be blocked from presenting evidence about threats made to its employees by a Colombian paramilitary group and about other businesses making payments to the group at a coming bellwether trial in a long-running multidistrict litigation accusing Chiquita of funding the paramilitary group that allegedly killed the plaintiffs' relatives.
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April 09, 2024
Feds Want To Push Back Complex Camp Lejeune Cases
The federal government has asked the North Carolina court overseeing litigation concerning contaminated water at Camp Lejeune to first try cases brought by former residents of the Marine base who allege they have developed only one disease from the water and try more complicated cases later.
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April 09, 2024
EPA Outlines New Ways To Destroy, Dispose Of PFAS
Waste managers, government regulators and the public should use methods such as underground injection to destroy or dispose of perfluoroalkyl and polyfluoroalkyl substances and PFAS materials, guidance from the U.S. Environmental Protection Agency says.
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April 09, 2024
Maryland Legislature Sends Kratom Bill To Governor
Maryland will become the 13th state to pass a Kratom consumer protection act into law, if Gov. Wes Moore signs the bill that the state Legislature sent to his desk.
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April 09, 2024
Printer Buyers Defend HP Ink Cartridge Antitrust Claims
HP printer buyers told an Illinois federal court they've done enough to show that HP monopolized the market for replacement ink cartridges by alleging the company used firmware updates to lock them into purchasing HP ink cartridges.
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April 09, 2024
Norfolk Southern Settles Train Derailment Suits For $600M
Norfolk Southern Corp. has agreed to settle the consolidated class action claims brought against it over its tragic train derailment and toxic chemical spill in East Palestine, Ohio, for $600 million, according to a joint motion filed in federal court Tuesday.
Expert Analysis
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Navigating PFAS Compliance With FDA, Emerging State Laws
As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Opinion
HIV Drug Case Against Gilead Threatens Medical Innovation
The California Court of Appeals should dismiss claims alleging that Gilead should be held liable for not bringing an HIV treatment to market sooner, or else the biopharmaceutical industry could be disincentivized from important development and innovation, says James Stansel at Pharmaceutical Research and Manufacturers of America.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Bracing For Rising Cyber-Related False Claims Act Scrutiny
Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.
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What New EPA Enforcement Initiatives Mean For Industry
With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.
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Concerns For 510(k) Sponsors After FDA Proposes Major Shift
While there may be public health benefits from modernizing the 510(k) process for clearing medical devices, recent draft guidance from the U.S. Food and Drug Administration's Center for Devices and Radiological Health leaves meaningful open questions about the legal and regulatory implications of the new approach, and potential practical challenges, say attorneys at Covington.
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Minn. Product Case Highlights Challenges Of Misuse Defense
The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.
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In Ga., Promptness Is Key To Setting Aside Default Judgments
The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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2 High Court Cases Could Upend Administrative Law Bedrock
Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.
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Tapping The Full Potential Of The Juror Questionnaire
Most litigators know that questionnaires can reveal biases that potential jurors would never reveal in voir dire, but to maximize this tool’s utility, attorneys must choose the right questions, interpret responses effectively and weigh several other considerations, say George Speckart and Steve Wood at Courtroom Sciences.
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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.