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Product Liability
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May 08, 2024
Kroger Must Keep Fighting Metal-Tainted Baby Food Claims
An Ohio federal judge Wednesday refused to throw out a proposed class action accusing the Kroger Co. and its subsidiaries of selling baby food tainted with toxic metals, ruling that the mothers who sued have plausibly alleged that they wouldn't have purchased the product had they known the truth.
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May 08, 2024
Wash. Families Fight Monsanto's Bid To Split Up PCB Trial
Three families suing Monsanto over alleged PCB contamination at a Washington school pushed back against the company's motion to sever their future toxic tort trial in Washington state court, calling it the defense counsel's latest stunt to protest more than $1 billion in losses thus far in the series of cases.
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May 08, 2024
Biden Signs Law To Protect Children From Online Exploitation
President Joe Biden has signed into law a bipartisan bill aimed at curbing online child sex exploitation by strengthening requirements for social media companies and other service providers to report abuse to the nation's centralized reporting system.
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May 08, 2024
BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit
The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.
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May 08, 2024
Hawaii Utility Seeks Exit From Shareholder Suit Over Maui Fire
Hawaiian Electric Industries Inc. has asked a California federal judge to toss an investor suit over a downturn in the company's stock price after a deadly fire broke out on Maui, saying it did not mislead investors about efforts to mitigate fire risk or completely outrule the risk of fire.
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May 08, 2024
Conn. Healthcare Facility Owes $13.4M For Patient's Death
A state trial court judge on Wednesday refused a Connecticut healthcare facility's requests to scuttle a $10 million jury verdict over a patient's death, agreeing to ratchet an estate's victory up to nearly $13.4 million because of interest dating back more than four years.
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May 08, 2024
9th Circ. Says Calif. Can Give Gun Buyer Info To Researchers
The Ninth Circuit on Wednesday declined to revive a constitutional challenge to a California law requiring the state to provide biographical information about firearm purchasers and those with carry-conceal permits to accredited research institutions studying gun violence, saying the information at issue isn't highly personal and doesn't implicate the right to privacy.
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May 08, 2024
Auto Cos. Brace For EV Battery Compliance Hurdles
New federal regulations aimed at shoring up the domestic electric vehicle manufacturing supply chain give automakers a much-needed two-year cushion to navigate a compliance minefield, and to figure out how to reinvigorate the recent waning consumer demand for electric vehicles.
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May 08, 2024
Vape Fluid Co. Urges Justices To Take Up FDA Challenge
Lotus Vaping Technologies LLC is urging the U.S. Supreme Court to hear its appeal of the U.S. Food and Drug Administration's denial of its application to market bottled flavored e-cigarette fluids, saying the case provides an appropriate vehicle to examine the FDA's policies.
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May 08, 2024
Kimberly-Clark Blasts 'Illogical' Connecticut PFAS Claims
Kimberly-Clark Corp. is urging a federal judge to toss a proposed class action brought by three Connecticut residents who argued that the company contaminated private property near its New Milford manufacturing plant with toxic "forever chemicals," calling the allegations "illogical," speculative and incomplete.
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May 08, 2024
Mercedes-Benz Hit With Wheel Defect Suit In Ga.
Mercedes-Benz has been slapped with a proposed class action in Georgia federal court by a sedan owner alleging that a wheel configuration defect in certain sedan models can lead to sudden tire blowouts and cracked rims.
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May 08, 2024
NC Court Clerks, Administrators Escape Digital Courts Suit
Plaintiffs in a proposed class action have voluntarily dropped North Carolina court administrators and clerks from a lawsuit alleging that flaws in the state's electronic court filing system led to unlawful arrests and longer jail stays.
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May 07, 2024
DOJ's 'Dr. Doom' Sees AI's Crime-Fighting Abilities, And Risks
The U.S. Department of Justice is using artificial intelligence to bolster its investigations, including into the Jan. 6 attack on the U.S. Capitol, said U.S. Deputy Attorney General Lisa Monaco on Tuesday at a cybersecurity conference at which she dove into the beneficial uses of AI alongside its threats to security and democracy.
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May 07, 2024
AIG Insurers Near Deal With Foam Co. Over MDL Coverage
Firefighting foam company Tyco Fire Products LP and a group of AIG insurers have reached a tentative settlement that would resolve a dispute over coverage of multidistrict litigation involving Tyco over so-called forever chemicals, according to a notice filed Tuesday in South Carolina federal court.
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May 07, 2024
Target Sued Over Citric Acid In Good & Gather Pasta Sauce
Target has been hit with a putative class action in California federal court by a shopper who alleges the retail giant falsely touts that its line of Good & Gather pasta sauces contain no artificial colors, flavors or preservatives despite containing citric acid.
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May 07, 2024
NY Officials Tout Crackdown On Illicit Cannabis Market
New York state cannabis regulators on Tuesday touted new legislative changes empowering them to more swiftly crack down on unregulated marijuana sales, the same day that New York City officials announced a program to step up enforcement against unlicensed retailers.
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May 07, 2024
Boeing Can't Widen Ethiopian Airlines Test Case Pool
An Illinois federal judge chose six cases Tuesday for a November trial over the Ethiopian Airlines Flight 302 crash and gave Boeing the power to decide the order in which they'll face a jury, finding a middle road between sides sparring over how to select the bellwether cases.
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May 07, 2024
Contract's 1-Year Limit Doesn't Block NC Mold Claims
A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.
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May 07, 2024
Policy Dispute Should Be Heard In Wash., Colo. Judge Says
A Colorado federal court has tossed an insurer's suit seeking a declaration that it doesn't owe $4 million in coverage to a climbing equipment manufacturer and its primary insurer, finding that a related case in Washington state court provides a better opportunity to resolve the parties' dispute.
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May 07, 2024
Fla. Schools And Hospitals Fight To Save Opioid Claims
Five public hospital districts and two school districts told a Florida appeals court Tuesday that their claims for damages from the opioid crisis should not be eclipsed by the attorney general's settlements with opioid makers and distributors, arguing that she did not have the authority to bring claims on their behalf.
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May 07, 2024
Panera To Nix 'Charged' Drink At Center Of Death Suits
Panera Bread Co. will soon no longer serve its "Charged Lemonade," the caffeinated drink at the center of two lawsuits that claim the restaurant chain is liable for the wrongful death of two patrons.
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May 07, 2024
NJ Law Firm Scores Exit In Benicar MDL Fees Suit
A New Jersey federal judge on Tuesday granted Mazie Slater Katz & Freeman LLC attorneys a quick win in a proposed class action claiming they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, ruling the suit alleges identical claims to another suit that has been dismissed.
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May 07, 2024
Attys Denied $10M Fees As Family Dollar Deal Is Approved
A Tennessee federal judge has given final approval to a settlement to end consumer claims stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, but denied a bid by class counsel for $10 million in fees.
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May 07, 2024
Birth Control Cos. Can't Dodge Conn. Injury Suit, Court Told
An Illinois woman who sued after her Filshie Clip birth control device migrated inside of her and "wreaked havoc on her body" has urged a state court not to let the manufacturers of the device and the seller's parent companies dodge her claims.
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May 06, 2024
FAA Says It's Looking Into Boeing 787 Dreamliner Inspections
The Federal Aviation Administration said Monday that it's looking into whether Boeing completed required inspections of its 787 Dreamliner planes and potentially falsified aircraft records.
Expert Analysis
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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'Beauty From Within' Trend Poses Regulatory Risks For Cos.
Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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FDA Warning Letter Tightens Reins On 'Research Only' Labels
A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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AI In The Operating Room: Liability Issues For Device Makers
As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.
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3 Lessons From Family Dollar's Record $41.7M Guilty Plea
Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.