Product Liability

  • April 03, 2024

    Blue Bell Creameries Panel Seeks Del. Derivative Suit Revival

    Citing a failure to reach a mediated settlement, a Blue Bell Creameries Inc. board panel has moved to reactivate a long-sidelined Delaware Court of Chancery derivative suit seeking to hold the ice cream company's past directors and officers accountable for deadly food-safety oversight failures in 2015.

  • April 02, 2024

    Citi Says 'Misguided' NY Fraud Protection Suit 'Mangles' Law

    Citibank NA on Tuesday urged a New York federal court to throw out the Empire State attorney general's suit claiming it lacks necessary online security measures, slamming the complaint as "misguided" and arguing that it "mangles" the text of the Electronic Fund Transfer Act.

  • April 02, 2024

    Uber Seeks Exit From Texas Riders' Claims In Assault MDL

    Uber urged a California federal court Monday to toss Texas plaintiffs' claims in the multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assault, saying it can't be held responsible for the actions of individual drivers under Texas law.

  • April 02, 2024

    Alaska Judge Tosses Opioid Nuisance Case Against Pharmacies

    Retail pharmacies including Walgreens Co. and Walmart Inc. have escaped a suit brought by Alaska in state court over their role in the opioid epidemic after a judge found the state's public nuisance claims were a "bridge too far."

  • April 02, 2024

    9th Circ. To Hear Ex-Theranos Execs' Criminal Appeals In June

    The Ninth Circuit has set oral arguments in former Theranos CEO Elizabeth Holmes' high-stakes appeal of her criminal securities fraud conviction and 11-year prison sentence for June 11 — the same day the panel is scheduled to hear arguments in convicted ex-Theranos executive Ramesh "Sunny" Balwani's appeal.

  • April 02, 2024

    Utility Cos. Must Face Uri MDL Gross Negligence Claims

    Transmission and distribution utility providers can't escape allegations they were grossly negligent in cutting off power to Texans during winter storm Uri, a Texas state appeals court ruled Tuesday in an opinion that keeps intact only two claims against the companies in the multidistrict litigation created to handle consumer actions from the severe weather event.

  • April 02, 2024

    OxyChem Opposes Feds' $150M Lower Passaic Deal

    Occidental Chemical Corp. is fighting the federal government's proposed $150 million consent decree with 82 small companies that share some responsibility for New Jersey's Lower Passaic River pollution, with the businesses filing a brief supporting the deal.

  • April 02, 2024

    Transportation Department Finalizes New Train Crew Size Rule

    The U.S. Department of Transportation's Federal Railroad Administration on Tuesday finalized a rule requiring freight trains to be operated with at least two people, forging ahead with a mandate long supported by rail workers' unions and safety advocates, but one that major rail carriers have decried as unnecessary and costly.

  • April 02, 2024

    2 Firms Seek To Lead Boeing 737 Max Safety Investor Suit

    Labaton Keller Sucharow LLP and Robbins Geller Rudman & Dowd LLP have each asked a Virginia federal judge for a lead role in a securities lawsuit against Boeing over the safety of its 737 Max jets and the role Boeing's top brass allegedly played in diminishing shareholder value.

  • April 02, 2024

    7th Circ. Won't Revive Parents' Claims in Abbott Formula Row

    The Seventh Circuit upheld on Tuesday the dismissal of parents' claims they were economically harmed from buying infant formula that could have been contaminated with bacteria at an Abbott Laboratories plant, saying their alleged injuries aren't enough to prove standing. 

  • April 02, 2024

    4 Mass. Rulings You May Have Missed In March

    A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.

  • April 02, 2024

    Mich. Warns PFAS Ruling Could Fuel More Agency Challenges

    Michigan has warned the state's high court that an appellate decision invalidating PFAS drinking water limits could pave the way for future litigants to attack state regulations by pointing to imperfect cost estimates, urging the court to revive the PFAS rules.

  • April 02, 2024

    Rental Co. Sues Family Of Child Who Drowned On Property

    A North Carolina beach vacation rental company, facing a negligence lawsuit brought by a father whose son died in one of its pools, has in turn filed suit against the deceased child's extended family members, claiming that any blame for the death should be on their shoulders.

  • April 02, 2024

    FDA Sued Again Over Years Of Delays On Menthol Ban

    The U.S. Food and Drug Administration on Tuesday was hit with a suit over a yearslong delay on banning menthol cigarettes, the second one brought by public health groups that say the agency's failure has caused thousands of premature deaths.

  • April 02, 2024

    CSX Denies Liability In Backroads Bridge Crash Suit

    Freight railway giant CSX on Monday denied wrongdoing and insisted it can't be held liable for the injuries of two women who blamed the company's shoddy upkeep of a backroads bridge for a 2022 car crash.

  • April 02, 2024

    Kids' Clothier Didn't Deceive By Silence On PFAS, Judge Says

    An Illinois federal judge has thrown out a proposed class suit alleging that The Children's Place Inc. hid the presence of so-called "forever chemicals" in its school uniforms, saying the plaintiffs haven't alleged any duty to disclose or that the company's statements were misleading.

  • April 02, 2024

    Conn. Firm Defends Infant Death Probe In Sanctions Feud

    A Connecticut firm is defending its investigation leading up to a product liability lawsuit against two companies it claims produced and sold an infant lounger linked to a number of baby deaths, asking a Connecticut federal court to quash motions for Rule 11 sanctions accusing it of pursuing frivolous claims.

  • April 02, 2024

    20 Republican-Led States Urge Justices To Ax Climate Suits

    A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.

  • April 01, 2024

    Nike Defeats Greenwashing Suit Over 'Sustainability' Line

    Nike has defeated a proposed class action alleging it greenwashes its clothing by claiming they're made sustainably while using methods that harm the environment, after a Missouri federal judge concluded the plaintiff doesn't explain how she knows the products aren't made with recycled or organic materials and only provides conclusory statements.

  • April 01, 2024

    Ga., FTC Seek $17M+ Fine And Ban On Doc's Stem Cell Ads

    After securing an early win last week against a Georgia doctor and a series of companies that marketed stem cell therapy as a cure-all miracle treatment, federal regulators and the state of Georgia asked a federal judge Monday for $17.7 million in fines and an injunction barring the defendants from any future endeavors in the medical marketing industry.

  • April 01, 2024

    Pool Co. Seeks $4.36M In Atty Fees After False Ad Verdict

    Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a North Carolina false advertising and unfair business practices suit involving rival pool supply companies.

  • April 01, 2024

    Swedish Match Sued Over Allegedly Youth Targeted Zyn Ads

    Philip Morris International and its subsidiary Swedish Match North America LLC have been hit with a putative class action from an unnamed California man alleging he became addicted to the company's Zyn smokeless oral nicotine pouches when he was a minor because of the product's marketing campaign.

  • April 01, 2024

    Ex-Pharma Co. Exec Denies Signing Noncompete Deal

    The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.

  • April 01, 2024

    3M Gets Final OK On PFAS Deal Worth Up To $12.5B

    A South Carolina federal judge on Friday gave a final nod on a settlement between 3M and about 12,000 public water systems worth up to $12.5 billion to end claims over so-called forever chemicals in firefighting foam, saying that otherwise it would take years to try the cases.

  • April 01, 2024

    J&J Opted To 'Deny' Talc-Cancer Link, Jury Told

    Johnson & Johnson opted to "deny, deny, deny" evidence linking its baby powder to ovarian cancer and continued to market it as safe to use, an attorney for the widower of a longtime baby powder user who died from cancer told jurors in Sarasota, Florida, on Monday.

Expert Analysis

  • Conn. Regulators Are Coming For Unlawful Cannabis Sales

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    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.

  • 9th Circ. Kellogg Ruling Offers Protein Claim Defense Tips

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    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.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    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.

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    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.

  • Mont. Kids' Climate Decision Reflects 3 Enviro Trends

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    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.

  • 3 Lessons From Mock Trials That Attys Can Use In Practice

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    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.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    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.

  • Retailers Face Compliance Issues As PFAS Regulations Grow

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    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.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    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.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    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.

  • How Jurors' Great Resignation Views Affect Corp. Defendants

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    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.

  • 10 Legal Subject Matters Popping Up In AI Litigation

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    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.

  • Steps To Take On AI Operations Amid FTC's ChatGPT Probe

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    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.

  • Insurers, Prepare For Large Exposures From PFAS Claims

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    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.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

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