Product Liability

  • September 21, 2022

    Maker Of Leaf Trimmer Gets Woman's Injury Claims Tossed

    A Colorado magistrate judge has thrown out claims by a woman alleging that she injured her fingers while using a cannabis leaf trimmer, saying the device had adequate warnings and instructions, as they advised against cleaning the device while it was in use.

  • September 21, 2022

    Proposed Hemp Tea Class Action Tossed By NJ Judge

    A New Jersey federal judge has approved a stipulation of dismissal for a proposed class suit filed by two men who allege they failed a drug test after consuming a hemp tea product. 

  • September 21, 2022

    Whiteford Taylor Hires Veteran Litigator For NYC Office

    Whiteford Taylor & Preston LLP announced recently that R. Scott Greathead, a well-known litigator in the New York area, is joining the firm's New York City office as senior counsel. 

  • September 20, 2022

    W.Va. AG Eyes $1B Opioid Haul As CVS, Walmart Pay $150M

    West Virginia's attorney general on Tuesday predicted that opioid litigation settlements will ultimately funnel $1 billion into the Mountain State to alleviate rampant narcotic abuse, a forecast that coincided with CVS Pharmacy and Walmart signing deals worth nearly $150 million.

  • September 20, 2022

    5th Circ., NJ Tussle Over Who Gets To Decide 3D Gun Case

    An unprecedented jurisdictional tug of war is playing out between the Fifth Circuit and a New Jersey federal judge over which court should decide a constitutional challenge to New Jersey's enforcement of laws intended to curb 3-D printing of handguns.

  • September 20, 2022

    GM's Less Costly Engine Fix Didn't Solve Oil Issues, Jury Told

    A General Motors engineer conceded Tuesday in a California class action trial over claims GM hid a dangerous engine defect that a cleaning process the automaker chose over a costlier solution to oil consumption issues didn't prove effective.

  • September 20, 2022

    Minn. Edibles Law Unfair To Medical Pot Sellers, Suit Says

    A Minnesota medical cannabis company is suing the state over what it says are unconstitutional laws that allow edibles derived from hemp to be sold more freely than "chemically identical" edibles made from medical cannabis.

  • September 20, 2022

    11th Circ. Asks How New Law Affects Marine Base Water Suit

    The Eleventh Circuit asked the federal government and residents suing over their exposure to contaminated drinking water at the Camp Lejeune military base to explain how a new law authorizing legal claims affects the litigation.

  • September 20, 2022

    FDA Hiding E-Cig Work 'In The Shadows,' Juul Suit Says

    Vaping company Juul Labs Inc. sued the U.S. Food and Drug Administration on Tuesday in D.C. federal court in hopes of obtaining agency records that would shed light on its now-paused order requiring Juul's e-cigarettes to be pulled off the market.

  • September 20, 2022

    Philip Morris Slams 'Excessive' $1B Verdict Over Cancer Death

    Philip Morris USA Inc. on Tuesday vowed to challenge a Massachusetts jury's verdict awarding $1 billion in punitive damages to the estate of a deceased smoker, decrying the sum as "clearly excessive and unconstitutional."

  • September 20, 2022

    MVP: Robins Kaplan's Tara Sutton

    Robins Kaplan partner Tara Sutton's work as a lead negotiator on securing a nearly $590 million settlement for Native American tribes in multidistrict litigation over the opioid crisis secured her spot on the list of Law360's 2022 Product Liability MVPs.

  • September 19, 2022

    Imminent W.Va. Opioid Trial Delayed Amid New Suit, CVS Deal

    CVS Pharmacy is settling to avoid an eagerly anticipated opioid trial in West Virginia, the trial is being postponed because of new allegations against another large pharmacy operator, and Johnson & Johnson and the state attorney general are at loggerheads over an earlier opioid settlement, according to newly released court filings.

  • September 19, 2022

    J&J's Talc Ch. 11 Case Was Bad Faith, Claimants Tell 3rd Circ.

    Attorneys representing talc injury plaintiffs in the Chapter 11 case of Johnson & Johnson talc unit LTL Management LLC told the Third Circuit on Monday that the parent company acted in bad faith when it commenced the bankruptcy by walling off talc claimants from other creditors.

  • September 19, 2022

    Calif.'s New Tech Laws May Face Free Speech Challenges

    California recently enacted two groundbreaking laws aimed at holding social media companies accountable for the proliferation of disinformation and hate speech on their platforms and ensuring children are protected online, but legal experts say the laws could butt up against First Amendment protections.

  • September 19, 2022

    Mediation Fails In Hess Corp.'s Asbestos Unit Ch. 11 Case

    Hess Corp. unit HONX Inc. told a Texas bankruptcy judge Monday that its efforts to mediate asbestos injury claims failed and that the debtor wants to move forward with a Chapter 11 plan process that includes a claims estimation process.

  • September 19, 2022

    Families Say Boeing Can't Evade Jury Trial In Lion Air Cases

    Crash victims' families said Boeing should not be allowed to bypass an Illinois federal jury trial and close out the last remaining lawsuits over the deadly 2018 Lion Air accident with a narrowly focused bench trial, saying Boeing must be held fully accountable under other injury claims.

  • September 19, 2022

    FisherBroyles Grows In NY With Product Liability Hire

    Fast-growing virtual law firm FisherBroyles LLP announced that it added an experienced New York-based torts and product liability partner from Eckert Seamans Cherin & Mellott LLC as its latest hire in the Big Apple.

  • September 19, 2022

    EPA Defends Chemical Advisory At 3rd Circ. As 'Informational'

    The U.S. Environmental Protection Agency has asked the Third Circuit to toss Chemours' challenge of a health advisory regarding so-called forever chemicals, saying the action wasn't final and Chemours hasn't otherwise been injured by it.

  • September 19, 2022

    MVP: Lieff Cabraser's Elizabeth Cabraser & Richard Heimann

    Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein LLP helped obtain a landmark $26 billion settlement over allegedly improper opioid marketing practices, while fellow partner Richard Heimann helped win a key bellwether trial over the opioid crisis in San Francisco, earning them a spot among Law360's 2022 Product Liability MVPs.

  • September 19, 2022

    Judge Drops Five Plaintiffs From Juul MDL

    Electronic cigarette company Juul has won dismissal of claims for five plaintiffs who hadn't submitted discovery in multidistrict litigation over its marketing.

  • September 19, 2022

    Jury Awards $363M In First Sterigenics Ethylene Oxide Trial

    A Cook County jury awarded $363 million Monday to an Illinois woman who accused industrial sterilization company Sterigenics of recklessly polluting the Willowbrook, Illinois, community with ethylene oxide for decades, giving her more than she asked for at trial.

  • September 19, 2022

    Jackson Residents Sue Over Water Failure

    A group of Jackson, Mississippi, residents has hit public officials and engineering firms with a federal proposed class action over a water treatment plant shutdown last month that left more than 150,000 without access to clean water in the mostly Black city.

  • September 16, 2022

    3M Can't Get Gov't Contractor Immunity Defense In Foam MDL

    The South Carolina federal judge overseeing multidistrict litigation over claims that firefighting foam contaminated groundwater said Friday that 3M knowingly withheld information about the risks associated with so-called forever chemicals for decades, denying its bid for a government immunity defense.

  • September 16, 2022

    Climate Suit Over Shell Fuel Facility Can Proceed, Judge Says

    A Connecticut federal judge on Friday largely kept intact an environmental group's lawsuit accusing Shell Oil Co. units of failing to factor in the risks of climate change at a New Haven, Connecticut, fuel storage facility, trimming only a few claims from the suit.

  • September 16, 2022

    Toymaker Accused Of Fraud Must Defend Itself, Insurer Says

    An insurer told a Minnesota federal court Friday that it had no duty to defend a toy company and its owners against a suit accusing them of running a criminal network to evade payment of an $8.5 million default judgment for falsely advertising waterslides.

Expert Analysis

  • FTC Settlement Puts Contact Lens Compliance In Sharp Focus

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    The Federal Trade Commission's recent $3.5 million settlement with Vision Path over improper online sales of prescription contact lenses, and related online reviews, demonstrates that companies must eye their legal responsibilities under the Contact Lens Rule and the FTC Act carefully to mitigate legal risks and liability, says David Oberly at Squire Patton.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

  • Opinion

    FCC Preemption Ruling Is A Win For Cell Tech, Consumers

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    The Ninth Circuit ensured in Cohen v. Apple that the Federal Communications Commission's governance of radiofrequency emissions would not be undermined by contrary state and local standards — and prevented a fractured regulatory environment from stifling the continued rapid growth of cellular technology, say attorneys at Wiley.

  • A Road Map To Insurance For PFAS Claims And Suits

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    In light of an uptick in regulation and litigation surrounding per- and polyfluoroalkyl substances, product manufacturers potentially facing down massive liability settlements must properly investigate and understand the full scope of insurance available, says Jodi Green at Miller Nash.

  • How In-House Counsel Can Better Manage Litigation Exposure

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    In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

  • Forecasting A Rise In 11th Circ. State Court Class Actions

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    Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.

  • Practical E-Discovery Lessons From The Alex Jones Case

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    The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

  • Cannabis Cos. Should Brace For More Prop 65 Scrutiny, Suits

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    Given California regulators' recent move to apply special Proposition 65 warning language to cannabis products, it is crucial that companies in the cannabis industry update their compliance programs, and prepare for more litigation from plaintiffs pursuing increasingly creative claims, says Jasmine Wetherell at Perkins Coie.

  • PFAS Superfund Hazard Designation Would Inflate Cos.' Costs

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    The U.S. Environmental Protection Agency's recent proposal to designate two common per- and polyfluoroalkyl substances as hazards under the Superfund law will likely impose heavy cleanup and litigation costs on businesses, disposal facilities and the military — and trigger significant tracking and reporting obligations as well, say attorneys at Quarles & Brady.

  • Opinion

    Climate Plaintiffs Can't Pin Harms On Specific Fossil Fuel Cos.

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    States and municipalities are currently pursuing dozens of climate lawsuits aiming to hold fossil fuel companies accountable for extreme weather events — but these claims are unfair and unlikely to succeed, given the global nature of the problem and the traceability and causation requirements of the tort system, says Donald Kochan at George Mason University's Antonin Scalia Law School.

  • The Ethical Risks For Lawyers Accepting Payments In Crypto

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    Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

  • Envisioning Metaverse-Based Litigation In The Real World

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    Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

  • Cosmetics Cos. Invite Legal Risks With 'Clean' Marketing

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    The market for clean beauty products continues to grow — but with the legal definitions of terms like "clean," "natural" and "green" remaining hazy, marketing products using this kind of terminology leaves the cosmetics industry ripe for litigation, says Kelly Bonner at Duane Morris.

  • Opinion

    ABA Stance On Role Of Nonlawyers Is Too Black And White

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    The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

  • When To Object During Opening And Closing Statements

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    Many attorneys struggle with the determination of whether they should object to improper statements or comments during opening and closing arguments, and while it's more of an art than a science, several state appellate court decisions offer guidance, says Timothy Freeman at Tanenbaum Keale.

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