Product Liability

  • September 20, 2023

    Fiat Chrysler Wary Of Buyers' Defective Infotainment Claims

    Fiat Chrysler pressed a Michigan federal court Tuesday to end a three-year-old lawsuit alleging defects with the infotainment system in its 2017-2019 Chrysler Pacifica and Chrysler 300 cars, saying the suing car buyers haven't presented evidence that the system was malfunctioning.

  • September 20, 2023

    Ill. Justices Mull Sending Suit Over Abbott Drug To Jury

    Justices of the Illinois Supreme Court pushed counsel for Abbott Laboratories on Wednesday to address why a jury shouldn't weigh in on the credibility of two doctors who testified they would have still prescribed Abbott's anti-convulsant drug Depakote to a woman had they been warned accurately about its risk of birth defects.

  • September 20, 2023

    Bumble Cos. Can't Escape BIPA Suit Over Face Scans

    An Illinois federal judge Tuesday refused to toss a suit alleging that Bumble Inc. and two subsidiaries collect face geometry data without permission through the dating app Badoo, saying that discovery is needed to determine whether the defendants are subject to personal jurisdiction in Illinois.

  • September 20, 2023

    General Dynamics CEO Will Remain In Yemeni Civil War Suit

    General Dynamics' CEO can't exit a lawsuit alleging the company supplied weapons to a Saudi-led coalition involved in Yemen's civil war after a D.C. federal judge on Wednesday rejected her contention that she had never been served with legal documents.

  • September 20, 2023

    Del. Justices Urged To Reverse AmerisourceBergen Dismissal

    An attorney for AmerisourceBergen Inc. stockholders urged Delaware's top court Wednesday to reverse a Chancery Court finding that dismissal of federal opioid-related damage claims in West Virginia justified scuttling a multibillion-dollar board liability action.

  • September 20, 2023

    Mich. High Court Won't Revive Flint Water Prosecutions

    The Michigan Supreme Court rejected attempts to revive criminal charges against seven officials for their roles in the Flint water crisis on Wednesday, extinguishing the hopes of state prosecutors who have been appealing their losses for a year.  

  • September 19, 2023

    Monsanto Docs Show It Knew PCB Risks, Wash. Jury Hears

    Counsel for eight former staff members of a Seattle-area school site who claim they were sickened by PCBs emitted from light fixtures there told a Washington jury during opening statements on Tuesday that internal corporate documents will show Monsanto continued selling the chemicals despite a growing understanding of the health risks.

  • September 19, 2023

    Families Want Navy Sanctioned Over Deleted Text Messages

    Military families allegedly injured by fuel leaks at a U.S. Navy storage facility urged a Hawaii federal judge on Tuesday to sanction the Navy, saying high-ranking naval officers "recklessly destroyed" important evidence on their official cellphones.

  • September 19, 2023

    Judge OKs Juul's $255M Deal, Bars AI Co.'s 'En Masse' Claims

    A California federal judge approved Tuesday Juul's $255 million deal resolving multidistrict litigation over the company's alleged marketing to children, but held off on awarding attorney fees and refused to let the controversial ClaimClam website, which uses AI to identify potential class members, submit thousands of claims "en masse."

  • September 19, 2023

    J&J Defends Texas Two-Step Talc Gambit To Lawmakers

    Johnson & Johnson's litigation head on Tuesday defended the talc unit's use of the "Texas two-step" strategy to handle thousands of talc asbestos claims, as bipartisan lawmakers assailed the tactic as an attempt to reap "all the benefits of bankruptcy without the cost."

  • September 19, 2023

    Ga. High Court Clarifies 'Reckless' In Product Liability Cases

    The Supreme Court of Georgia on Tuesday clarified that "recklessness" is a stand-alone exception to the state's repose statute in product liability cases and defined reckless conduct, answering two questions from a federal district court in a crash survivor's suit against Ford Motor Co.

  • September 19, 2023

    Buyer Of Kitchen Biz Sues In Del. Over Product Recalls

    The buyer of a kitchen appliance business that sells PowerXL, Copper Chef and Emeril Lagasse brands has sued the seller in Delaware's Court of Chancery, accusing the former owner of withholding information about rupturing juicers and batter-spewing waffle-makers that reportedly injured consumers and had to be recalled.

  • September 19, 2023

    Frontier Airlines Issued 'Worthless' Flight Vouchers, Suit Says

    A would-be traveler claims Frontier Airlines gave him and others "worthless" vouchers for canceled flights, according to a proposed class action filed in Colorado federal court, which says the "self-proclaimed budget airline" is harming "vulnerable" consumers.

  • September 19, 2023

    1st Circ. Sides With J&J Subsidiary In Lactaid False Ad Suit

    The First Circuit on Monday affirmed the dismissal of a proposed class action alleging that a Johnson & Johnson subsidiary misbrands its Lactaid drug products as dietary supplements, holding that federal labeling laws preempt her claims.

  • September 19, 2023

    Railcar Owners Want Out Of East Palestine Derailment Suit

    The owners of two of the dozens of railcars involved in the fiery East Palestine, Ohio, derailment say Norfolk Southern can't drag them into a proposed class action because federal rules put responsibility on the railroad, which had already filed third-party claims against the railcar companies in another suit.

  • September 19, 2023

    $1.7B Verdict Winners Fight Ford's Bid To Halt Atty Fees

    A family that secured a $1.7 billion verdict against Ford Motor Co. in a fatal truck rollover case last year told a Georgia judge Monday the court should reject Ford's efforts to halt the allocation of attorney fees, arguing the company's purported intent to appeal isn't enough to stop the proceedings.

  • September 18, 2023

    Roundup's Cancer Link Has Solidified Over Time, Jury Hears

    A toxicologist testifying in a trial over allegations that Monsanto's Roundup herbicide causes cancer told a jury Monday that numerous studies have only strengthened that link since 2015, when the key ingredient, glyphosate, was termed "a probable human carcinogen."

  • September 18, 2023

    Calif. Accuses Oil Giants Of Decades Of Climate Deception

    California has accused ExxonMobil, Shell, Chevron, ConocoPhillips and BP of lying for decades about the harms associated with fossil fuels, ultimately leading to drought, wildfires, flooding and extreme weather that has cost the Golden State tens of billions of dollars, according to a complaint filed in state court.

  • September 18, 2023

    Ind. Judge Cuts Negligence Claim Over U.S. Steel Spill

    An Indiana federal judge has halved a city of Chicago lawsuit against U.S. Steel over a chemical spill from its Hoosier State plant into Lake Michigan, ruling that a technical pleading error means one of the city's claims needs to be repled.

  • September 18, 2023

    FDA Warns Vape Cos. To Stop Selling 'Illegal' Products

    The U.S. Food and Drug Administration has put more than a dozen retailers and three distribution companies on notice that they are illegally selling vape brands such as Elf Bar, EB Design, Lava, Cali, Bang and Kangertech, according to an announcement that called some of them "emerging threats" to the "nation's youth."

  • September 18, 2023

    Commanders Can't Arbitrate Railing Collapse Suit

    The Washington Commanders can't force into arbitration a personal injury lawsuit seeking damages after four Philadelphia Eagles fans fell when a railing on which they were leaning collapsed, a Maryland federal judge ruled, saying their stadium's method of putting ticket purchasers on notice of any arbitration clause amounted to a "hide-the-ball exercise."

  • September 18, 2023

    EPA Whiffed Toxic Chemical Deadline, Nonprofits Claim

    The U.S. Environmental Protection Agency blew statutory deadlines to finish evaluating the health risks of 22 toxic chemicals — including formaldehyde, synthetic fragrances and flame retardants — found near industrial facilities and in common consumer goods, environmentalists and community groups said in a Monday lawsuit.

  • September 18, 2023

    EPA Coal Ash Rule Was Unlawful Change, Utilities Claim

    Power companies and a national industry group are urging the D.C. Circuit to throw out coal ash waste impoundment closure regulations that they claim the U.S. Environmental Protection Agency strengthened without a proper rulemaking process and upend their reliance on prior regulations.

  • September 18, 2023

    Boeing Can't Ditch 737 Max Securities Fraud Suit, Judge Says

    An Illinois federal judge said Monday that equity funds alleging Boeing defrauded investors by downplaying the 737 Max jets' safety flaws can only pursue claims based on certain statements Boeing and top executives made after the Ethiopian Airlines Flight 302 crash in March 2019, but none before that.

  • September 18, 2023

    Insurer Settles $2M Freezer Fire Suit Against Refrigeration Co.

    Affiliated FM Insurance Co. agreed to settle its $2 million Arizona federal court suit against a commercial refrigeration manufacturer, which centered on a grocery store fire attributed to a freezer with defective wiring.

Expert Analysis

  • 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.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Aviation Watch: Osprey Aircraft May Face Tort Claims

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    A recent U.S. Marine Corps Command report found that the cause of a 2022 Osprey crash was a problem known to the manufacturer and the military for over 10 years — and the aircraft may now be on its way to a day of reckoning in the tort liability arena, says Alan Hoffman, a retired attorney and aviation expert.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • FTC's 'Made in USA' Enforcement Goes Beyond Labeling Rule

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    The Federal Trade Commission's recent enforcement action against a group of businesses for falsely claiming that clothing was made domestically demonstrates that even where the agency's "Made in USA" labeling rule is not violated, other kinds of improper claims about products' origins can get companies in trouble, say Wrede Smith and Kali Yallourakis at McGuireWoods.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Cannabis Plain Packaging Rules: Examples And Opportunities

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    States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.

  • Ohio Rulings Are Cautionary Tales For Attorneys In Crisis

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    Two recent decisions from Ohio state courts provide a sobering reminder that a counsel’s personal emergencies will not always suffice to alter court deadlines or excuse procedural missteps, and that prompt communication and documentation are crucial in the Buckeye State and beyond, says L. Bradfield Hughes at Porter Wright.

  • EPA Focus On Lead Could Heighten Private Litigation Risk

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    As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.

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