Product Liability

  • April 16, 2025

    Groups Urge Congress To Probe DC's Use Of Private Attys

    The American Tort Reform Association and two other groups called on Congress on Wednesday to investigate District of Columbia Attorney General Brian Schwalb for the office's use of outside counsel for litigation, which they say has issued millions in legal contracts with little transparency or accountability.

  • April 15, 2025

    Shrinking Crocs Case 'Deja Vu' For Judge Asked Again To Ax

    A California federal judge asked by Crocs to toss a proposed false advertising class action claiming the footwear maker's plastic shoes shrink after exposure to heat said at a Tuesday hearing it feels like "Groundhog Day," since she recently denied class certification in a related case making similar claims.

  • April 15, 2025

    Apple Challenges PFAS Claims In Watch Band Lawsuit

    Apple has urged a California federal judge to toss a proposed class action claiming its smartwatch bands contain toxic chemicals, arguing the suit relies on speculative "barebones" testing data and fails to show its products actually contain harmful substances.

  • April 15, 2025

    Novo Nordisk Seeks Toss Of Hospital's Insulin Pen Suit

    Novo Nordisk has told a Connecticut federal judge that a hospital in the state didn't show that the pharmaceutical company didn't warn nurses that its insulin pens are meant to be used with only one patient in a suit over a $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections.

  • April 15, 2025

    J&J, Others Say Asbestos Trusts Can't Purge Records

    A group of asbestos litigation defendants and related bankruptcy debtors, including Johnson & Johnson, sued 10 asbestos claims trusts in Delaware's Court of Chancery on Tuesday, accusing them of pursuing an improper destruction of evidence linked to tens of thousands of potential cases.

  • April 15, 2025

    Dow Says NJ Pollution Suit 'Classic' Case For Federal Court

    Dow Chemical Co. told a Third Circuit panel on Tuesday that the New Jersey attorney general's suit accusing it and other companies of causing widespread groundwater pollution through a product containing a likely cancer-causing compound belongs in federal court, arguing the product was developed for the federal government.

  • April 15, 2025

    Court Abused Discretion In Tesoro Pipeline Row, 8th Circ. Told

    Enrolled members of a North Dakota tribe say a lower court abused its discretion in denying them intervention in a lawsuit challenging the federal government's right-of-way trespassing claims against the Tesoro High Plains Pipeline, arguing it failed to consider the full scope of their interests and rights at stake.

  • April 15, 2025

    Public Roads, Public Data, Cos. Say Of Drivers' Privacy Claims

    General Motors, OnStar and other companies facing multidistrict litigation accusing them of collecting driving data and selling it without user consent have urged a Georgia federal court to dismiss the claims, arguing that driving data is public because driving happens on public roads.

  • April 15, 2025

    3rd Circ. Won't Restart Claims In Dodge Charger Class

    A Third Circuit panel on Tuesday held that it could not revive a lawsuit filed by owners of Dodge Charger Hellcats claiming that the muscle cars fell short of their advertised performance, noting that the lower court did not adequately explain its reasoning in dismissing the bulk of the case.

  • April 15, 2025

    Deodorant Maker Hit With Class Claims Over Skin Burns

    Edgewell Personal Care Co. is liable for chemical burns and other "painful and irritating skin issues" that users of its Billie brand All Day Deodorant have experienced, a proposed federal class action alleges.

  • April 15, 2025

    King & Spalding Lands E-Discovery Ace From Kirkland In LA

    King & Spalding LLP has added an e-discovery attorney from Kirkland & Ellis LLP to its products liability and mass torts practice group to advise clients about information governance and other matters.

  • April 14, 2025

    Chervon Moves Explosive Battery Suit To Ill. Federal Court

    Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC were hit with a proposed class action accusing them of selling lithium-ion batteries that overheated and, in some cases, caught fire, according to a complaint removed to Illinois federal court on Friday.

  • April 14, 2025

    Juul Seeks Ax of Noncompliant Plaintiffs In E-Cig Suits

    Juul on Monday asked a California federal judge to toss claims brought by plaintiffs who failed to comply with court orders, about two years after Juul reached a $255 million global settlement in the litigation.

  • April 14, 2025

    Monsanto's 11th Trial Kicks Off In Seattle Over School PCBs

    Nearly two dozen people told a Washington state jury Monday that they were slowly sickened by Monsanto-made toxins, becoming the largest group yet to try their PCB personal injury claims together in a series of PCB personal injury suits connected to a Washington school.

  • April 14, 2025

    X Corp. Says Media Matters Must Hand Over Employee Names

    X Corp. asked a Texas federal judge to make left-leaning media watchdog Media Matters turn over the names of its employees as the latest salvo in a fight over allegedly defamatory articles it wrote, saying Monday that Media Matters was giving "boilerplate objections."

  • April 14, 2025

    Chiquita Wants New Trial In $38M Paramilitary Case

    Chiquita has told the Eleventh Circuit that the landmark $38 million verdict in a bellwether case in multidistrict litigation accusing the company of paying Colombian right-wing paramilitaries was the product of numerous errors by the district court, including an instruction that improperly gave jurors a "watered-down causation standard."

  • April 14, 2025

    Avocado Oil Co. Says Purity Test Doesn't Support Label Suit

    Food company Sovena USA Inc. is looking to end a proposed class action accusing it of falsely labeling as "100% pure" its avocado oil that it allegedly diluted with "cheaper" seed oils, telling a California federal judge the suit lacks evidence and is part of a "baseless" litigation campaign meant to undermine the industry.

  • April 14, 2025

    NJ High Court Advances DuPont Appeal In $1B Pollution Suit

    The New Jersey Supreme Court will allow Chemours and E.I. du Pont de Nemours to appeal a trial court's ruling that a small New Jersey town has standing to bring its $1 billion pollution suit, according to a recent order.

  • April 14, 2025

    1st Circ. Can't Hear Class Suit Coverage Row, Oil Co. Says

    A heating oil company urged the First Circuit to toss an appeal its insurers filed following a ruling that they must continue defending the company and several executives in a class action over alleged damage caused by oil containing elevated levels of biodiesel, saying the court doesn't currently have jurisdiction.

  • April 11, 2025

    American Airlines Toxic Uniforms Bellwether Trials Get Scuttled

    An Illinois federal judge said Friday that bellwether plaintiffs suing American Airlines over allegedly toxic employee uniforms didn't have sufficient expert evidence showing that the uniforms triggered the employees' health symptoms, scuttling trials that were scheduled to start this summer.

  • April 11, 2025

    3M Fights 4th Circ. Bid To Undo Removal Of PFAS Suits

    Lawsuits accusing 3M Inc. of "forever chemical" contamination of Maryland and South Carolina waterways should be kept in federal court, the company has argued, urging the Fourth Circuit to decline the states' request for full panel review.

  • April 11, 2025

    Dentsply Brass Face Investor Suit Over Alleged Dental Injuries

    Executives and directors of dental supply manufacturing company Dentsply Sirona Inc. have been hit with a derivative suit alleging they concealed that a company subsidiary was approving unsuitable patients for dental treatments to inflate sales figures.

  • April 11, 2025

    Texas Justices Uphold City's Wastewater Release Permit

    A Central Texas city can move forward with its treated wastewater discharge operations, the Texas Supreme Court ruled Friday, rejecting a challenge to an environmental permit that was based on an increase in dissolved oxygen in a nearby stream.

  • April 11, 2025

    Camp Lejeune Plaintiffs Challenge Gov't Expert Site Visit

    Veterans and family members suing the federal government over injuries from toxic drinking water at Camp Lejeune have urged a North Carolina federal judge to exclude information from an expert's February visit to the base, arguing it was made after a court deadline.

  • April 10, 2025

    Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says

    California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.

Expert Analysis

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • The AI Consumer Class Action Threat Is Not A Hallucination

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    As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • EPA's New Lead Pipe Rule Leaves Key Questions Unanswered

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    The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Trump Rollback Of Biden Enviro Policies: What To Expect

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    Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

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