Outdoor gear retailer Recreational Equipment Inc. and a Massachusetts hand sanitizer company sought to capitalize on the COVID-19 pandemic by falsely marketing an alcohol-free product as a "proven alternative to alcohol sanitizers," according to a putative class action filed in federal court Tuesday.
Following a bench trial over the risks of adding fluoride to drinking water, a California federal judge told the challengers to file a new administrative petition with the U.S. Environmental Protection Agency so it can consider the substance's risks with the benefit of new evidence.
A New York federal judge won't let a group of Tennessee district attorneys pursue claims against the former president of Purdue Pharma LP, saying Tuesday their argument that a judgment against Richard Sackler wouldn't affect the Chapter 11 case "makes absolutely no sense."
Boeing told an Illinois federal judge that Southwest Airlines flight attendants suing to recover lost wages from the 737 Max's global grounding have made far-fetched claims that Boeing overhyped the jets' safety and locked Southwest, one of its most loyal airline customers, into rigid contracts.
A California federal judge on Tuesday delayed former Theranos CEO Elizabeth Holmes' criminal jury trial from October to March in light of challenges posed by the coronavirus pandemic, but he shortened the parties' proposed pretrial briefing schedule by about two weeks.
Lawmakers on Tuesday called on the U.S. Food and Drug Administration to take e-cigarettes temporarily off the market during the pandemic, saying that there's scientific evidence that e-cigarette users are more likely to be diagnosed with COVID-19.
A drilling industry supplier urged a Pennsylvania federal judge Monday to throw out what it said were duplicative claims over alleged breaches of contract and warranty in an $18 million suit over purportedly faulty gas well valves sold to EQT Corp.
Energizer Brands LLC is pushing a New York federal court to keep alive its suit alleging that Duracell U.S. Operations Inc. falsely claims its premium batteries perform better than all others, saying Duracell's bid for an early win is a straw man argument that misconstrues Energizer's complaint.
Though a New York federal judge on Monday trimmed claims from a proposed class action alleging that Arizona Beverage Co. falsely labels its gummy snacks as "all natural," she found that the company still has to face allegations that it violated numerous state consumer protection laws.
A Waters Kraus & Paul LLP attorney called on a Pennsylvania federal court Monday to toss her onetime client's allegations that the lawyer misled her about when a suit over the purported link between the drug thalidomide and birth defects would be resolved, saying the woman filed her claims too late.
Allergan Inc. is urging a New Jersey federal court to throw out claims in multidistrict litigation alleging that it hid the health risks of its textured breast implants, saying that because the implants' design, manufacture and marketing were approved by the Food and Drug Administration, the claims are preempted by federal law.
A California federal judge on Friday threw out a lawsuit brought by a group of tobacco companies challenging a ban on flavored tobacco products put in place by Los Angeles County, saying federal law gives states and localities the power to ban the sale of tobacco products.
Opioid companies on Monday told a New York state judge that the trial and upcoming hearings over the state's claims that they fueled the opioid crisis shouldn't be livestreamed, saying since courts transitioned to virtual proceedings because of the coronavirus pandemic, not one court has used livestreaming to ensure public or press access.
Five BMW drivers who opted out of a nationwide class action lawsuit told a Massachusetts federal court the automaker should face sanctions for repeatedly refusing to hand over discovery, despite the fact that the court has previously ruled that the type of document requested is relevant.
The Eleventh Circuit held that an Alabama district court wrongly applied federal rather than Alabama state laws when determining privity in a suit between a homeowner and contractor, freeing Nationwide Mutual Fire Insurance Co. from defending the contractor's allegedly botched work.
The Judicial Panel on Multidistrict Litigation sent nearly four dozen suits alleging Wright Medical Technology Inc. and MicroPort Orthopedics Inc. sold defective hip implants to Arkansas federal court over the objections of the companies.
The Ninth Circuit on Friday revived a suit by former National Football League players alleging the league made them take opioids and other painkillers to get back on the field before they were healthy.
The NAACP on Friday asked a New York bankruptcy judge for a seat at the table in the Purdue Pharma Chapter 11, saying it needs to ensure a fair share of the proceeds of the case's opioid settlement goes to communities of color.
An Ohio appeals court on Thursday revived a widow's suit against Honeywell alleging that her late husband was exposed to asbestos in its brake products, finding that a jury could conclude that her husband's mesothelioma was caused by his exposure.
A company that a Johnson & Johnson unit has accused of selling purportedly counterfeit versions of surgical devices told an Illinois federal court Friday that a seizure order of 1.27 million of its products should not have been granted, saying the subsidiary has shown "little, if any, evidence of the ballyhooed pervasive counterfeiting scheme."
In this edition of Coronavirus Q&A, a leader of Hogan Lovells' medical devices team discusses school reopenings, client frustrations with a heavily burdened U.S. Food and Drug Administration, and mounting problems with COVID-19 testing volume and turnaround times.
A New York appeals court has vacated $13 million in awards in a suit alleging that products made by Felt Products Manufacturing caused a woman to develop mesothelioma, but affirmed the jury's verdict that the company's products were at fault.
A Michigan federal court has consolidated nine proposed consumer class actions accusing Fiat Chrysler of knowingly selling Jeep vehicles with dangerously defective engines that sucked up excessive amounts of oil, resulting in premature wear and catastrophic engine failure.
Michigan marijuana regulators have issued a product recall for contaminated prerolled joints sold to retailers in a dozen municipalities after an employee at a processing facility allegedly licked a product while making it.
An Illinois federal judge has refused to certify 15 statewide classes over accusations that Ulta Beauty Inc. unlawfully sold used, repackaged products, saying managers implemented the company's damaged goods reduction policy too differently to create a common question over their claims.
Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.
Amazon has so far prevailed in court battles over extending product liability to online marketplaces like itself, but a new California bill and a case currently on appeal to the Ninth Circuit could change that, say Steven Geise and Annika Mizel at Jones Day.
While some businesses, especially in the health care sector, have been afforded protection from COVID-19 liability, others have not — so companies should carefully review the state of immunity legislation in their jurisdictions, and consider legal issues around causation, foreseeability, notice and nuisance claims, say Kathleen Carrington and Mitchell Morris at Butler Snow.
The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.
The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.
With jurors in the COVID-19 era being constantly reminded of pandemic-related dangers, defense counsel in product liability design defect trials must effectively use voir dire and careful observation to gauge how juries are evaluating risk, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.
Recent jury research shows that the COVID-19 pandemic is correlated with shifts in potential jurors' views on corporations and government regulators — and the virus itself may affect jury composition, as more risk-averse individuals seek to avoid jury duty, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.
The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.
Risk assessment plays a key role in complex product liability design defect trials, but the COVID-19 pandemic may have altered how potential jurors assess risks, making this an important consideration in jury research, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.
Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.
Courts can remedy the recent trend of disregarding joinder in numerosity inquiries by addressing four key errors and retethering their analysis to the text of federal requirements for class certification, says Bennett Rawicki at Gibson Dunn.
In light of the Judicial Panel on Multidistrict Litigation's conducting socially distanced sessions during the COVID-19 pandemic, it is instructive to consider other types of "distancing," including the panel's selection of trial venues, and its stance on personal jurisdiction in MDL proceedings, says Alan Rothman at Sidley.
In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.
After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.
With its recent decision in Berni v. Barilla, the Second Circuit threw up new obstacles for consumer class actions seeking prospective injunctive relief, and created a split with the Ninth Circuit that will have repercussions for some time to come, say attorneys at Hunton.