Product Liability

  • July 23, 2021

    Juul Execs, Altria Trim — But Can't Nix — 18 Bellwether Suits

    A California federal judge Thursday trimmed but did not dismiss 18 bellwether suits against a group of current and former Juul Labs Inc. executives, along with the e-cigarette maker's largest investor, Altria Group Inc., in multidistrict litigation claiming Juul intentionally marketed its harmful tobacco products to young people.

  • July 23, 2021

    Opioid Wholesalers, W.Va. Gov'ts Set To Wrap Bellwether

    A two-day closing marathon in a bellwether opioid crisis trial in West Virginia federal court is set to start Tuesday after the city and county at the heart of the case battled in recent days to reinforce their position that distributors weren't invisible middlemen but causes of the problem.

  • July 23, 2021

    SEC Settles With Hedge Fund At Center Of NFL Fraud Suit

    The U.S. Securities and Exchange Commission has asked a Florida federal court to enter final judgments following settlements with a hedge fund and former investment advisor over claims they participated in a scheme that defrauded former NFL players of millions of dollars.

  • July 23, 2021

    Amazon Axes Mandate That Customers Arbitrate Disputes

    Amazon is likely to face an influx of class actions over issues including the company's allegedly unlawful recording of Alexa device users after taking the rare step of bucking a popular requirement for consumers to arbitrate such claims, highlighting the utility of a growing push to flood companies with arbitration.  

  • July 23, 2021

    Cannabis Bill Roundup: Amazon Becomes Pot Lobbyist

    Amazon officially became a cannabis lobbyist on Capitol Hill, while Oregon passed a massive bill to rein in the state's hemp industry from producing psychoactive products. Here are the major legislative moves in cannabis reform this week.

  • July 23, 2021

    GM Issues Second Recall Over Chevy Bolt Battery Fire Risk

    General Motors LLC on Friday announced a second recall of its 2017 to 2019 Chevrolet Bolt electric vehicles, saying it will replace batteries after identifying a pair of defects that are the "root cause" of reported battery fires in the vehicles.

  • July 23, 2021

    Builders Appeal $5.5M Award Over Notre Dame London Dorm

    Two Boston-based builders have appealed a Massachusetts federal judge's decision to enforce a $5.5 million arbitral award against them, related to a dispute over their purportedly shoddy construction work on a London dormitory for the University of Notre Dame.

  • July 23, 2021

    Product Liability Regs, Bills To Watch In The 2nd Half Of 2021

    Under the Biden administration, the U.S. Environmental Protection Agency is starting to take action on a group of chemicals known as "forever" chemicals found in a broad array of industry and consumer products. In addition, product liability attorneys will be watching whether legislation to remove cannabis from the Controlled Substances Act has legs.

  • July 23, 2021

    Kia Cleared In $104.5M Seat Belt Defect Trial

    A California state jury has cleared Kia Motors America Inc. of a family's more than $100 million in claims that a defective seat belt caused their daughter's brain injury in a crash.

  • July 23, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen HSBC and Danske Bank targeted with contract claims, a Lloyd's of London broker sued by a Hungarian insurer and Daimler facing more claims from car owners. Here, Law360 looks at those and other new claims filed in the U.K.

  • July 22, 2021

    Hyundai Sanctioned For 'Shocking' Fraud Suit Spoliation

    A Florida magistrate judge hit Hyundai Motor America Corp. with spoliation sanctions Thursday for failing to preserve hundreds of engines that would've been crucial evidence in the automaker's fraud suit accusing dealerships of deliberately damaging engines to collect on warranty payments, calling the company's spoliation "frankly shocking."

  • July 22, 2021

    Barnes & Thornburg Adds 2 Insurance Attys From Reed Smith

    Barnes & Thornburg LLP has hired away a pair of insurance recovery litigators from Reed Smith LLP as part of a move to expand the firm's Chicago office.

  • July 22, 2021

    Saint-Gobain, 3M, Honeywell To Pay $65M Over Tainted Water

    A proposed class of hundreds of residents affected by water contaminated by "forever chemicals" asked a New York federal judge to preliminarily approve a $65 million settlement to resolve claims that Saint-Gobain, 3M and Honeywell were responsible for perfluorooctanoic acid contamination of the town's drinking water.

  • July 22, 2021

    DC Circ. Affirms FDA Fees, Premarket Review Of Pipes, Cigars

    The D.C. Circuit has tossed an appeal by the Cigar Association of America and other industry groups seeking to challenge the U.S. Food and Drug Administration's authority to regulate cigars and smoking pipes under the Tobacco Control Act.

  • July 22, 2021

    CR Bard Nets 2 Wins, 1 Loss In Faulty IVC Filter Suits

    C.R. Bard Inc. notched two victories this week in suits by women alleging its inferior vena cava filters broke after implantation and injured them — with a Florida jury and a Michigan federal judge granting wins — but in a third case, a Texas jury found the company liable for $386,250 in damages. 

  • July 22, 2021

    Philly DA Slams Opioid Settlement As A Sellout For City

    Philadelphia's district attorney accused the state's top prosecutor Thursday of selling out the city's interest in pursuing its own claims against opioid manufacturers and distributors in favor of a $26 billion settlement announced a day earlier.

  • July 22, 2021

    PG&E To Spend Over $15B Burying 10K Miles Of Power Lines

    Pacific Gas & Electric Co. committed to spending more than $15 billion burying 10,000 miles of power lines to reduce wildfire risks in California over the coming years, making the promise just days after telling regulators it potentially sparked a 100,000-acre wildfire burning out of control in Northern California.

  • July 22, 2021

    Endo Offers To End Tenn. Opioid Baby Suit For $35M

    Endo Pharmaceuticals on Thursday announced a proposed $35 million deal in a suit seeking $2.4 billion in damages that was brought by Tennessee local governments on behalf of a baby who was born dependent on opioids, occurring just before trial was set to start in state court.

  • July 22, 2021

    Biden Names Victoria Kennedy, Other Attys As Ambassadors

    President Joe Biden is nominating Greenberg Traurig LLP attorney Victoria Reggie Kennedy, the widow of Massachusetts Sen. Edward Kennedy, to serve as ambassador to Austria.

  • July 21, 2021

    Despite Fanfare, $26B Opioid Offer Far From Finish Line

    Wednesday's $26 billion offer from four drug companies to settle thousands of opioid crisis lawsuits might mark the beginning of the end for opioid litigation more broadly — but only if the offer is actually accepted, which appears far from certain.

  • July 21, 2021

    House Again OKs Bill Regulating 'Forever Chemicals' PFAS

    The House on Wednesday once again approved a bill to give a hazardous designation to certain "forever chemicals" that linger in the human body and the water supply, with 23 Republicans joining Democrats in a bid to regulate the growing environmental concern that has sparked waves of litigation.

  • July 21, 2021

    Renter Can't Allege Age Bias Over Targeted Facebook Ads

    A Maryland federal judge has dismissed a proposed class action filed by a prospective renter and housing advocacy group alleging that the D.C. area's biggest real estate firms discriminated against older people when it used targeted advertisements on Facebook to seek young tenants.

  • July 21, 2021

    5th Circ. Mulls New Trial Bid In Sanofi Chemo Bellwether

    A Fifth Circuit panel questioned during oral arguments on Wednesday whether a new trial should be granted to the plaintiff in the first bellwether trial against Sanofi over permanent hair loss allegedly linked to its chemotherapy drug Taxotere.

  • July 21, 2021

    Reinsurer Tells 2nd Circ. To Uphold Asbestos Coverage Win

    Swiss Reinsurance America Co. told the Second Circuit that a plumbing piping company named in various asbestos suits shouldn't get another shot at expanding its total insurance limit from $5 million to $10 million.

  • July 21, 2021

    As Girardi Scandal Deepens, Lawmakers And Bar Trade Blame

    State legislators are threatening the State Bar of California’s funding for next year, demanding answers as to why it failed for decades to stop famed lawyer Thomas V. Girardi as he allegedly stole from his clients. But the move has prompted the bar to place some of the blame on lawmakers’ unwillingness to increase its funding. This is the third story in our series examining Girardi and the system and culture that enabled him.

Expert Analysis

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

    Author Photo

    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • A Look At Tribal Involvement In Juul Litigation

    Author Photo

    The vaping epidemic has had a disproportionate impact on Native American tribes, and the ensuing litigation against Juul Labs has many parallels with Big Tobacco suits from the 1990s, but this time around tribes have a seat at the bargaining table, say Geoffrey Strommer and Riley Plumer at Hobbs Straus.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

    Author Photo

    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • FDA Q2 Warning Letters Show Agency Enforcement Priorities

    Author Photo

    A review of the U.S. Food and Drug Administration's warning letter activity from the second quarter of this year indicates that companies marketing products in three particular areas must remain especially vigilant if they wish to avoid federal enforcement actions, says Katie Insogna at DLA Piper.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

    Author Photo

    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

    Author Photo

    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

    Author Photo

    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

    Author Photo

    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • 3 Keys To Winning Your Next Oral Argument

    Author Photo

    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • What To Watch As EU Clinical Trial Compliance Changes

    Author Photo

    It is important for companies to consider clinical trials reporting requirements not just in the U.S., but also in the EU, which next year will impose an obligation on trials sponsors to publish amplified trial results in an EU database, say attorneys at Cooley.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

    Author Photo

    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

    Author Photo

    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • Opinion

    Amend Rule 702 To Clarify Expert Witness Standards

    Author Photo

    Courts have taken widely different approaches to the U.S. Supreme Court’s Daubert decision on expert testimony admissibility, often misinterpreting the underlying standards set forth by Federal Rule of Evidence 702, but a proposed amendment will dispel misunderstandings and clarify the judicial gatekeeping role, says Alex Dahl at defense-side group Lawyers for Civil Justice.

  • How Dutch Shell Carbon Emissions Ruling May Affect US Cos.

    Author Photo

    Although a Netherlands court's recent ruling that Royal Dutch Shell's greenhouse gas reduction plans failed to meet human rights obligations is unlikely to gain traction in U.S. courts, stateside companies may still face increased litigation risk, say attorneys at Foley & Lardner.

  • 3 Tips For Compliance With FTC's New Made In USA Rule

    Author Photo

    The Federal Trade Commission's recently adopted Made In USA Rule means the regulator can more easily impose civil penalties for labeling violations, so advertisers should consider key measures to achieve compliance, including supply chain audits and origin claim reviews, say Tiffany Ferris and Joseph Lawlor at Haynes and Boone.

Want to publish in Law360?


Submit an idea
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!