Product Liability

  • October 08, 2021

    Canadian Creditors Seek Direct Appeal Of Purdue Ch. 11 Plan

    A group of Canadian creditors told a New York bankruptcy judge that they support consolidating the appeals for Purdue Pharma's Chapter 11 plan and that those appeals should be allowed to move directly to the Second Circuit.

  • October 07, 2021

    Curaleaf Hit With New Suit For Alleged THC-Laden CBD Drops

    A fresh complaint has been filed in Oregon federal court against national cannabis company Curaleaf Inc. over claims it failed to properly warn consumers that its cannabidiol drops contained high levels of tetrahydrocannabinol.

  • October 07, 2021

    Zurich Unit Tells 9th Circ. That Coverage Suit Belongs In China

    A Zurich Insurance Group unit asked the Ninth Circuit to uphold a lower court's dismissal of a fire coverage suit, arguing that the forum-selection clause in its policy requires litigation to take place in China.

  • October 07, 2021

    NFL Wants Players' Painkiller Suit Thrown Out

    The National Football League is asking a California federal court to once again throw out claims from a number of players alleging that they were forced to take painkillers to keep playing, exacerbating their injuries, saying that their claims are preempted by federal labor law.

  • October 07, 2021

    Boston Builders Can't Delay $5.5M Judgment To Notre Dame

    A Massachusetts federal judge won't let a pair of Boston area contractors delay the execution of a $5.5 million arbitration judgment against them in a dispute with the English arm of the University of Notre Dame while they appeal the judgment.

  • October 07, 2021

    Drug Cos. Can't Nix Monitoring Class In Zantac MDL

    A Florida federal judge won't let drugmakers escape claims from a class alleging that their use of Zantac and its generics have given them an increased risk of cancer, saying the class members don't need to specify their particular level of exposure to carcinogens to keep their suit afloat.

  • October 06, 2021

    Ex-Safeway CEO Says Theranos Didn't Deliver On $55M Deal

    Former Safeway CEO Steven Burd testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Wednesday that he was initially impressed by Holmes' "charisma" and Theranos' technology, but two years after Holmes "almost exclusively" negotiated her company's $55 million deal with the grocery chain, he was frustrated Theranos hadn't delivered.

  • October 06, 2021

    Walgreens, Purdue 'Colluded' To Spread Opioids, Jury Hears

    A Cleveland federal jury weighing groundbreaking claims against opioid-dispensing pharmacies heard testimony Wednesday that Walgreens "colluded" with Purdue Pharma to drive sales, allegedly welcoming the drugmaker to sell to its supervisors and handing over pharmacy sales data.

  • October 06, 2021

    6th Circ. Rules Fed. Law Preempts Ohio Nuke-Exposure Suit

    The Sixth Circuit on Wednesday backed a lower court's decision to toss a suit filed by Ohio residents claiming they were exposed to radioactive material at an Appalachian nuclear power plant, saying their state law claims are preempted by federal law.

  • October 06, 2021

    Mallinckrodt Facing $93M Drug Royalty Claim In Ch. 11

    Drugmaker Mallinckrodt PLC was hit with more legal woes related to sales of its Acthar Gel infantile spasms drug Wednesday after three individuals filed a suit in Delaware bankruptcy court asserting a $93 million royalties claim.

  • October 06, 2021

    Boeing, Southwest Seek Pause On 737 Max RICO Class Action

    Boeing and Southwest Airlines have asked a Texas federal judge to pause litigation alleging they colluded to bolster public confidence in faulty 737 Max 8 jets and inflate ticket prices, saying they're pursuing a Fifth Circuit appeal challenging a recent order certifying potentially millions of customers.

  • October 06, 2021

    2nd Circ. Revives Bladder Cancer Suit Against DuPont

    The Second Circuit on Wednesday gave a Goodyear worker another shot at allegations that chemicals manufactured by a predecessor of E.I. DuPont de Nemours and Co. gave him bladder cancer, finding that the district court was wrong in excluding his expert witness.

  • October 06, 2021

    Welch Inks $1.5M Deal To End Grape Juice False Ad Suit

    A proposed class of grape juice buyers is asking a California federal court to give the go-ahead to a $1.5 million settlement with Welch Foods Inc. to end claims that it misled consumers by claiming three of its products help promote heart health.

  • October 05, 2021

    Monsanto Snags Its 1st Jury Win In A Roundup Trial

    A Los Angeles County jury on Tuesday handed Monsanto its first win in a trial over allegations its weedkiller Roundup causes cancer, returning a verdict in which jurors found that a child's exposure to Roundup wasn't a "substantial factor" that led to his lymphoma.

  • October 05, 2021

    Ex-Theranos Lab Chief Says Ebola Rumor Was 'Final Straw'

    A former Theranos lab director testified in ex-Theranos CEO Elizabeth Holmes' criminal trial Tuesday that he told Holmes he no longer wanted to serve as its lab director in 2014 after hearing Theranos was rumored to be doing Ebola tests, calling it the "final straw."

  • October 05, 2021

    CVS, Walmart Opioid Trial Defense Hazy On Pharmacists' Role

    Jurors in the first trial over pharmacies' alleged role in fueling the opioid crisis heard seemingly contradictory opening statements on Tuesday from CVS and Walmart, whose attorneys alternately claimed the chains have almost no control over what's dispensed but also maintain independent discretion.

  • October 05, 2021

    $86M Deal To End Calif. Superfund Suit Is Finalized

    A California federal court has signed off on a series of consent decrees in which Bayer and other companies agreed to pay more than $86 million to end decades-long litigation over groundwater contamination at two Golden State Superfund sites, the federal government announced Tuesday. 

  • October 05, 2021

    Ill. Lakeside Residents Lose Cert. Bid In Oil Spill Suit

    An Illinois federal judge denied certification Tuesday to a proposed class of Highland, Illinois, residents seeking damages after a pipeline allegedly leaked thousands of gallons of crude oil into their water supply, stating that the proposed class is too vague.

  • October 05, 2021

    Amplify Faces Putative Class Action For 'Catastrophic' Spill

    Amplify Energy Corp. has been hit with a proposed class action filed in California federal court over the "catastrophic" pipeline leak about five miles off the coast of Huntington Beach, California, which spewed more than 100,000 gallons of crude.

  • October 05, 2021

    Fla. Virtual Inspection Law Could Lead To Liability Issues

    A new Florida law allowing for certain inspections to be done remotely will likely speed up construction projects, but it could also create a fresh slate of liability issues for building departments and app developers, experts say.

  • October 05, 2021

    Shipper Strikes $5M Deal To End 2008 Oil Spill Suit

    American Commercial Lines LLC has agreed to purchase and preserve over 600 acres of woodland habitat for an estimated $3.25 million as well as pay over $2 million to resolve claims a 2008 oil spill damaged natural resources along the Mississippi River.

  • October 05, 2021

    2nd Circ. Pauses Climate Suit Remand For Exxon Appeal

    The Second Circuit late Tuesday paused a lower court's remand of Connecticut's climate fraud suit against ExxonMobil Corp. to state court while it mulls the oil giant's appeal, saying Exxon had made a sufficient case that a stay was warranted.

  • October 05, 2021

    3rd Circ. Urged To Nix Future Claims Rep From Imerys Ch. 11

    Insurers of Imerys Talc America's predecessor asked the Third Circuit on Tuesday to boot a Young Conaway attorney as representative for future asbestos claimants in Imerys' Chapter 11 case, arguing that the firm's representation of the carriers in separate asbestos litigation poses a conflict.

  • October 05, 2021

    Nationwide Unit Seeks To Flush Suit Against Toilet Wipe Co.

    A Nationwide unit told an Illinois federal court that it has no obligation to defend a toilet paper alternative company accused in a proposed class action of falsely advertising that its wipes are flushable.

  • October 05, 2021

    Target Wants Hand Sanitizer Effectiveness Suit Killed

    Target Corp. wants to end a consumer's lawsuit alleging that he was misled by labels stating the effectiveness of a store brand alcohol-based hand sanitizer, saying he should have known better.

Expert Analysis

  • Opinion

    Superfund: The Wrong Tool For PFAS Cleanup Efforts

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    Legislation pending in Congress that would bring per- and polyfluoroalkyl substances under the umbrella of the Superfund law is ill-suited to deal with the unique challenges posed by these chemicals, and could divert resources from remediation to protracted, expensive litigation, says Philip Comella at Freeborn & Peters.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • Chlorpyrifos Lawsuits, EPA Ban Signal Risk For Companies

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    Recently initiated lawsuits in California concerning the pesticide chlorpyrifos, and the U.S. Environmental Protection Agency's newly announced ban of the chemical, mean that entities applying pesticides to crops or managing public water systems should prepare for more litigation, say Jason Meyer and Austin Elig at Gordon Rees.

  • Opinion

    NFL Concussion Settlement Still Underestimated 5 Years Later

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    Since the Third Circuit affirmed the NFL concussion class action settlement in 2016, claimants have received awards two to 10 times higher than many recent plaintiff-favorable multidistrict litigations, in contrast to early criticisms that few would qualify for compensation and awards would be minuscule, says attorney Brad Sohn.

  • 'Ecocide' May Be New Tool For Fighting Environmental Crime

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    While it could be difficult for the International Criminal Court to put into practice a recent proposal to make ecocide one of the crimes it prosecutes, it is undeniable that major environmental offenses often have effects similar to war crimes, which are already under the court's purview, says Josef Rybacki at WilmerHale.

  • Aviation Watch: Space Tourists Are In A Legal Vacuum

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    Public interest in space tourism has surged after recent flights by Richard Branson and Jeff Bezos, but the industry currently exists in regulatory and legal limbo — and those who sign up are experimental subjects, rather than passengers with a reasonable expectation of safe carriage, says Alan Hoffman, a retired attorney and aviation expert.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • Why A Missed Email Could Cost You Your Case

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    A recent Fifth Circuit ruling in Rollins v. Home Depot, denying a motion to amend summary judgment after the plaintiff’s lawyer missed a case notification email, aligns with precedent holding that simple errors can sabotage a case and even implicate ethics rules — but certain best practices can help avoid dire mistakes, say Amy Richardson and Charles Loeser at Harris Wiltshire.

  • Lessons From Indiana University Vax Mandate Case

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    The U.S. Supreme Court's refusal to block Indiana University's COVID-19 vaccine requirement bodes well for schools implementing similar policies, and the case provides guidance on how such mandates should be drafted, say Hailyn Chen and Bryan Heckenlively at Munger Tolles.

  • 5 Reasons Lawyers Often Fail To Secure Litigation Funding

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    More than 95% of commercial litigation finance proposals are declined by funders because lawyers and their clients drastically underestimate the nuances of obtaining funding, but attorneys can overcome these challenges with informed and thoughtful preparation, says Charles Agee at Westfleet Advisors.

  • Despite Giuliani's Assertion, Lawyers Cannot 'Throw A Fake'

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    A new transcript reveals Rudy Giuliani telling federal agents in 2018 that it was permissible to "throw a fake" during a political campaign, but the notion that lawyers can commit acts of dishonesty without consequence as long as they do so outside their professional practice is belied by the rules of professional conduct and case law, says Hilary Gerzhoy at Harris Wiltshire.

  • Opinion

    It's Time To Upgrade Our Attorney Licensure Rules

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    The bar exam does a poor job of testing the skills employers expect from new lawyers, and those who pass the bar can practice indefinitely without independent oversight, so states should consider alternative means for assuring competence and personal stability for new as well as experienced lawyers, says David Friedman at Willamette University.

  • Duck Boat Case Highlights Post-Sale Duty-To-Warn Hurdles

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    In West v. Ride the Ducks International, a Washington appeals court recently affirmed that an amphibious vehicle manufacturer had a duty to warn passengers of a structural flaw, illustrating post-sale risks for companies who may not know their products' end users, but may still face liability for accidents, says Timothy Freeman at Tanenbaum Keale.

  • Data-Based Predictions On Case Timelines After Pandemic

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    Richard Finkelman and Karl Schliep at Berkeley Research Group analyze state and federal court data to pinpoint trends and predict changes in case resolution time frames after the COVID-19 pandemic upended judicial proceedings across the country, and they explain how parties can use these analytics to inform litigation decisions.

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