Product Liability

  • August 04, 2020

    9th Circ. Won't Rethink Remand Of Calif. Climate Suits

    The Ninth Circuit on Tuesday stood by its ruling that fossil fuel companies will have to face suits brought by several California cities and counties seeking climate change-related infrastructure damages in state court.

  • August 04, 2020

    Kellogg Says Buyers Mischaracterized False-Ad Deal Talks

    Kellogg hit back at a group of customers claiming the brand refused to help revise their rejected $20 million settlement to resolve claims the company falsely labeled its sugar-loaded cereals, telling a California federal judge that the buyers tried to secure a new deal that was worse for Kellogg.

  • August 04, 2020

    Exploding E-Cig Victim Says LG Launders Bad Batteries

    LG Chemical LTD knowingly sells substandard lithium-ion batteries to distributors that replace the LG branding with their own before selling the batteries for unintended devices, according to a man who filed a negligence suit Tuesday in Georgia federal court after his vape and battery caught fire in his pocket.

  • August 04, 2020

    Mass. Pot Regulator Again Eases Restrictions On Vapes

    Massachusetts' marijuana regulator has again eased the state's vaping product restrictions, once the strictest in the country, this time to allow vape products manufactured before December 2019 to be retested and released, reclaimed or disposed of.

  • August 04, 2020

    Onion Grower Sued Over Salmonella Outbreak

    A California woman is suing Thomson International Inc. and Stater Bros Markets over the salmonella outbreak that's hit 34 states, saying she came down with the disease after eating red onions supplied and sold by the companies.

  • August 04, 2020

    Dems Propose Sweeping Overhaul Of Pesticide Regulation

    Congressional Democrats on Tuesday introduced a bill that would transform regulation of pesticides by immediately banning several chemical classes, adopting European and Canadian standards, allowing local governments to make rules and empowering citizens to petition and sue for review.

  • August 04, 2020

    Judge Again Won't Let 2 Cos. Out Of PFAS Litigation

    An Ohio federal judge once again refused to let two companies dodge a firefighter's proposed class action alleging they knowingly exposed people to a toxic group of substances called PFAS, rejecting arguments that the companies' sworn rebuttals should change the result.

  • August 04, 2020

    Bayer Says Essure Settlement Deal In The Works

    Citing "good progress" in settlement talks, Bayer AG said it has set aside nearly $1.5 billion to resolve thousands of cases brought by women alleging the company's Essure birth control device was defective and caused injuries, as well as other litigation matters.

  • August 04, 2020

    Baker McKenzie Docs Off The Table In GE Suit, Court Told

    A Florida-based energy company has told a New York federal court that General Electric should not get "a second bite of the apple" in going after documents from a related malpractice case against Baker McKenzie over several seized Australian gas turbines.

  • August 04, 2020

    Coke Wants 9th Circ. To Ditch False Ad Class Cert.

    Coca-Cola Refreshments USA Inc. is asking the Ninth Circuit to undo a class certification in multidistrict litigation alleging it falsely labels its drinks as having no artificial flavors, saying the classes haven't shown they will be harmed without a court injunction.

  • August 03, 2020

    Ex-Theranos CEO Wants Too Much Info, Prosecutors Say

    Prosecutors are urging a California federal judge to deny the bulk of former Theranos CEO Elizabeth Holmes' request for information about the grand jury that indicted her, saying she should only get the master list from which the names were picked, not the individual jurors who were selected.

  • August 03, 2020

    Top Product Liability Cases Of 2020: Midyear Review

    Bayer's multibillion-dollar settlements over its weedkiller Roundup, herbicide dicamba and allegations over waterway contamination, as well as a $186 million verdict in favor of consumers who claimed that Johnson & Johnson talc products caused their cancer made Law360's list of the top product liability cases so far this year.

  • August 03, 2020

    Amtrak Riders' Lack Of Injury Dooms Arbitration Policy Suit

    A Washington, D.C., federal judge tossed a lawsuit alleging Amtrak unconstitutionally bars passengers and their families from collectively suing the railroad if they're injured or killed in crashes, saying the plaintiffs haven't yet been forced into arbitration and can't sue over speculative harm.

  • August 03, 2020

    Centrus Gets Ohio Residents' Suit Over Site Pollution Thinned

    Centrus Energy Corp. and a slew of other energy and engineering companies have dodged a portion of a proposed class action accusing them of polluting homes near a uranium enrichment facility under an Ohio federal court decision.

  • August 03, 2020

    Maxwell House Shorts Buyers On Cups Of Coffee, Suit Claims

    The Kraft Heinz Co., which owns the Maxwell House coffee brand, is being sued in a proposed class action in Pennsylvania federal court by a group of buyers who say the containers of coffee make far fewer cups than advertised.

  • August 03, 2020

    5th Circ. Won't Revive Coverage Row Over Acid Leak

    The Fifth Circuit found that Travelers Indemnity Company of America does not need to cover Burroughs Diesel Inc.'s loss from the leaking of 5,000 gallons of hydrochloric acid, upholding the lower court's ruling that the policy bars coverage for acid pollution.

  • August 03, 2020

    Wet Ones Wipes Don't Kill 99.99% Of Germs, Suit Claims

    A proposed class of buyers is suing the maker of Wet Ones hand wipes in California federal court, saying the wipes' claims of killing 99.99% of germs and that they're "gentle on hands" are false and misleading.

  • July 31, 2020

    Humana Hits St. Jude With Fresh Suit Over Pacemakers

    Humana Inc. has once again hit St. Jude Medical Inc. with claims the medical device manufacturer wrongly saddled the insurer and other secondary payers with the costs associated with surgically removing and replacing defective pacemakers, this time in Delaware federal court, according to the complaint filed Friday.

  • July 31, 2020

    Sherwin Lead-Paint Suit Against County Dries Up In 3rd Circ.

    A Third Circuit panel on Friday found a lower court did not err when it tossed Sherwin-Williams' suit against a Pennsylvania county that attempted to stave off potentially pending lead-paint litigation, affirming the company lacked standing to bring the litigation and failed to allege any existing or impending injury.

  • July 31, 2020

    Probiotic Drug Cos. In Contempt For Violating Ad Injunction

    A Maryland federal judge on Thursday ruled that two drug companies are in contempt for violating an injunction that followed an $18 million jury verdict that they wrongfully used their former business partners' proprietary probiotic formula, saying the companies committed "blatant violations" of the injunction in their promotional materials.

  • July 31, 2020

    Ag Industry Wants 9th Circ. To Revisit Dicamba Rescissions

    Agricultural industry groups on Thursday urged the Ninth Circuit to grant dicamba makers' petition for en banc review of a panel's decision to overturn the U.S. Environmental Protection Agency's approval of three herbicides that contain the chemical.

  • July 31, 2020

    J&J Fights ERISA Suit Over Asbestos In Talcum Powder

    Johnson & Johnson has urged a New Jersey federal judge to toss a fresh version of a proposed class action accusing it of violating the Employee Retirement Income Security Act by steering workers' retirement savings into its own stock despite knowing the company's talcum powder products contained asbestos.

  • July 31, 2020

    Farmers Must Pay For Landlords' Atty In Lead Paint Suit

    A California state judge has ordered Farmers Insurance Exchange to cover the costs of independent counsel for a pair of landlords fighting a suit alleging their tenant was harmed by lead paint, saying there could be a conflict of interest if they went with Farmers' chosen counsel.

  • July 31, 2020

    FTC Urges Court's Help In Probe Of CBD Co.'s Health Claims

    The Federal Trade Commission has asked an Arizona federal judge to force CBD company Kushly to respond to discovery requests as part of the agency's investigation into health claims the company makes about its products.

  • July 31, 2020

    Out-Of-State Claims Dropped In Calif. Heart Drug Suit

    A California appeals court won't let out-of-state residents' claims against out-of-state pharmaceutical companies go forward in a suit over the marketing of the heart medication amiodarone, saying those companies' contracts with California-based McKesson Corp. don't give the court jurisdiction over them.

Expert Analysis

  • Cos. Should Prepare Now For European PFAS Regs

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    With the European Commission considering potentially far-reaching restrictions on per- and poly-fluoroalkyl substances, companies doing business in Europe must be prepared to restrict or eliminate the use of PFAS in their products, says John Gardella at CMBG3 Law.

  • Inclusivity Considerations For Law Firms Reopening Offices

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    While most law firms will focus on ensuring physical office spaces are as safe as possible for attorneys and staff members, it's equally important to consider the impact office reopening decisions will have on a firm's culture of diversity and inclusion, says Manar Morales at the Diversity & Flexibility Alliance.

  • Opinion

    State AG-Private Atty Alliances Must Be Put To The Lucia Test

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    In view of recent decisions using the U.S. Supreme Court’s 2018 opinion in Lucia to examine the propriety of local officers, it makes sense to question — under states' appointments clauses — the now-common practice of private attorneys prosecuting civil enforcement actions on behalf of state attorneys general, say attorneys at Arnold & Porter.

  • How Cosmetics Cos. Can Prepare For Growth In Class Actions

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    Given light federal regulation of cosmetics, consumers are increasingly turning to class action litigation against the cosmetics industry, so companies should carefully review manufacturing processes and marketing claims, say attorneys at Perkins Coie.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Pa. Jurisdiction Ruling's Takeaways For Out-Of-State Cos.

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    The Pennsylvania Superior Court's recent decision in Murray v. American LaFrance provides litigants with no clarity on whether a foreign corporation's registration in the commonwealth subjects it to personal jurisdiction there for all matters, but explores an interesting wrinkle in Pennsylvania waiver law, say attorneys at Greenberg Traurig.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • New Pharma Co. Defenses For 'Innovator Liability' Claims

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    Under the so-called innovator liability theory, a handful of states have permitted plaintiffs who took generic medication to sue the manufacturer of the branded form of the drug — but pharmaceutical companies have recently had success fighting such claims with three key strategies, say attorneys at Winston & Strawn.

  • The Rise Of The 'Net Impression' Test In Fla. Consumer Suits

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    Florida federal courts' increasing use of the Federal Trade Commission’s so-called net impression test, which considers the overall essence of a product’s representation, is an overdue application of similarly constructed state consumer protection laws, says John Byrne at Leon Cosgrove.

  • Tech Tools Can Boost Auto Accident Claim Recovery

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    It can be difficult to determine what happened and who is at fault after a vehicle accident — but attorneys and investigators can multiply the value of legal claims by moving quickly to preserve evidence and capture information with the latest technology, says Harry Kazakian at USA Express Legal and Investigative Services.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Ohio Ruling Adds To Insurance Uncertainty For Opioid Suits

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    An Ohio appeals court's recent decision in Acuity v. Masters Pharmaceutical fails to address an insurer's duty to indemnify policyholders embattled in opioid litigation, only amplifying the uncertainty surrounding insurance coverage for opioid judgments and settlements, say attorneys at Nicolaides.

  • Aviation Watch: The Pilot's Liability In The Kobe Bryant Crash

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    A close analysis of the known facts about the Kobe Bryant helicopter crash suggests that liability rests not with the aircraft manufacturer, but with the pilot, who violated fundamental flight rules and made a fatal misjudgment, says Alan Hoffman, a retired attorney and aviation expert.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

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