Product Liability

  • September 06, 2024

    State Law Claims Chopped From Jeep Windshield Defect Suit

    A New Jersey federal judge has dismissed all state law consumer protection claims from a proposed class action alleging FCA US LLC sold Jeep vehicles with defective windshields, finding the plaintiffs' allegations that they did "online research" about the vehicles are not enough to show the company made any misrepresentations.

  • September 06, 2024

    Boeing Loses Bid To Toss Investor Suit Over Blowout

    A Virginia federal judge gave the green light to Boeing investors to continue their securities fraud proposed class suit against the company over one of its planes' midair door blowout in January, rejecting the aerospace giant's motion to dismiss and telling Boeing it had a "real problem" on its hands.

  • September 06, 2024

    SEC Accuses Fla. Men Of Mass Tort Litigation Financing Fraud

    The U.S. Securities and Exchange Commission on Friday accused a father and son from Florida of running a fraudulent litigation funding scheme by promising investors returns from financing mass tort litigation they were not actually funding.

  • September 05, 2024

    Lawmakers, AGs Urge Justices To OK Denial Of E-Cig Apps

    A coalition of state attorneys general and a group of Democratic Congress members are backing the U.S. Food and Drug Administration in its fight to persuade the U.S. Supreme Court to overturn a decision striking down the denials of applications to market flavored vapes.

  • September 05, 2024

    Law Firms Appeal Atty Fee Denial In Opioid Settlements

    Two law firms, Goldstein & Russell PC and Kelley & Ferraro LLP, have claimed in an appeal to the Sixth Circuit that they were improperly shut out of the $2.13 billion attorney fee pool created by recent national opioid settlements with major pharmaceutical companies and pharmacy chains.

  • September 05, 2024

    NM AG Sues Snapchat Over Child 'Sextortion' And Abuse

    New Mexico's attorney general on Thursday announced he has sued Snap Inc., alleging the social media company's policies and algorithm promote child sexual exploitation and the spread of child sexual abuse material.

  • September 05, 2024

    Clubman Talc Settles Prominent Developer's Asbestos Claims

    The company behind Pinaud Clubman talcum powder products has settled claims that its merchandise contained asbestos and caused cancer in a real estate developer described by attorneys for co-defendant Johnson & Johnson as the "Donald Trump of Springfield, Massachusetts."

  • September 05, 2024

    Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal

    Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.

  • September 05, 2024

    Dodge Ram Drivers Urge 6th Circ. To Revive Emissions Claims

    Dodge Ram drivers pressed the Sixth Circuit to revive their proposed class action alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed their trucks as being more environmentally friendly than they actually were, saying a Michigan federal judge incorrectly found that their claims conflicted with federal law.

  • September 05, 2024

    Biden Admin Issues Plans To Address PFAS Use, Exposure

    The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.

  • September 05, 2024

    Hydropower Co. Asks Judge To Stem River Cleanup Suit

    NCR Voyix Corp. hasn't proven that the drawdown of a reservoir has hampered its cleanup of a Superfund site contaminated by paper waste nor that the drawdown was mishandled, a power company has told a Michigan federal judge.

  • September 05, 2024

    Fraud Claims Trimmed In Faulty VW Turbocharger Suit

    A New Jersey federal judge has thrown out the bulk of a putative class action suit from a woman alleging vehicles made and sold by Volkswagen Group of America Inc. had faulty turbochargers, only allowing a claim that the automaker was aware of the defect and failed to warn buyers.

  • September 05, 2024

    Ariz. Tribe Doubled Down In Lithium Project Row, Court Told

    The federal government has accused the Hualapai Indian Tribe of doubling down on conjecture with regard to the possible effects of the Big Sandy Valley Lithium Exploration Project, urging an Arizona federal judge to reject the tribe's request for a preliminary injunction.

  • September 05, 2024

    Fla. Law Firm Says It's Owed $247K In Fees From Chiquita MDL

    A South Florida law firm has urged a federal court to grant it $247,000 for its work in reaching a settlement from the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries, saying a fellow attorney waived objections after failing to meet with other lawyers in the case.

  • September 05, 2024

    Attys' Group Urges Justices To Back Trucker's CBD RICO Suit

    The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."

  • September 04, 2024

    Albertsons Denied Texas Court Remand In Opioid MDL

    An Ohio federal judge overseeing multidistrict litigation over accusations that drug distributors contributed to the opioid epidemic denied a motion to transfer to Texas a portion of the dispute involving pharmacy company Albertsons.

  • September 04, 2024

    Marathon Faces Wrongful Death Suit Over Refinery Explosion

    The family of a Texas machinist who burned to death in a refinery explosion is suing Marathon Petroleum Co. and others, claiming their shoddy build, maintenance and management of the facility caused the catastrophic failure.

  • September 04, 2024

    Ga. Justices Won't Disturb Distributors' Opioid Trial Win

    The Georgia Supreme Court affirmed a ruling that family members of drug abusers are not entitled to a new trial after a Glynn County jury cleared opioid distributors of wrongdoing, in response to claims regarding an allegedly dishonest juror and flawed jury instructions.

  • September 04, 2024

    Groups Urge DC Circ. To Reject Pharma Terrorism Liability Claims

    Business and nongovernmental organization advocacy groups have urged the D.C. Circuit to rule that terrorism victims can't hold pharmaceutical companies liable for their injuries, citing a U.S. Supreme Court decision rejecting similar liability claims against technology companies.

  • September 04, 2024

    Zoetis Sanctions Bid Denied In Racehorse Death Suit

    A Pennsylvania federal judge denied Wednesday a motion by drugmaker Zoetis Inc. for sanctions against the owners of a 3-year-old racehorse who say it died after being treated with one of the company's antibiotics, saying there's no indication that delays in responding to discovery were in bad faith, and by now the company has received all the relevant documents in the plaintiffs' possession.

  • September 04, 2024

    9th Circ. Blocks Calif.'s Social Media Content Disclosure Law

    The Ninth Circuit ruled Wednesday that a trial judge wrongly denied X Corp.'s bid to block parts of a new California law that requires social media giants to disclose their content-moderation policies, finding that provisions requiring the companies to disclose how and whether they define extreme content are likely unconstitutional.

  • September 04, 2024

    Chamber Backs Gilead's Immunity In COVID Appeal

    The U.S. Chamber of Commerce and a trade association representing drug companies have urged a Michigan state appeals court to rule that Gilead Sciences is immune from a claim that a recalled batch of COVID-19 medication caused a man to suffer two strokes.

  • September 04, 2024

    3M Earplug Plaintiffs Want Child Support Subpoena Blocked

    The plaintiffs' leadership group representing service members and others in multidistrict litigation against 3M Co. over injuries stemming from its Combat Arms Earplugs asked a Florida federal court Wednesday to block the state of Washington Division of Child Support from interfering in the $6 billion settlement reached earlier this year.

  • September 04, 2024

    Polsinelli Adds Ex-Alston & Bird Litigator To LA Office

    Polsinelli PC announced Tuesday that it is continuing to expand its litigation bench by adding an experienced trial attorney as a principal to the firm's Los Angeles office.

  • September 04, 2024

    2nd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit

    A North Carolina-based firearms company would have to refrain from selling "ghost gun" components in Connecticut and pay a civil penalty under a deal announced Wednesday that would resolve an unfair trade practices lawsuit brought by the Constitution State's attorney general.

Expert Analysis

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

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    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Weight-Loss Drugs May Spur Next Major Mass Tort

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    With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.

  • What Cos. Should Know About New Global Plastics Regs

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    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • Del. 3M Ruling Risks Upending Corporate Insurance Programs

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    A Delaware court's findings last week in the 3M earplug insurance litigation that a parent company's defense fee payments don't count toward a subsidiary's self-insured retention and that an insurer's duty to pay defense costs doesn't attach to multidistrict litigation merit closer scrutiny in light of the modern corporate form and the fundamental objectives of MDLs, say Julie Hammerman and Gary Thompson at Thompson HD.

  • And Now A Word From The Panel: Rare MDL Moments

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    Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny

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    Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Nat'l Security Considerations For Telecom Products Counsel

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    An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.

  • How Cos. Should Handle Research Org.'s Carcinogen Evals

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    In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.

  • Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.

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    The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.

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