Product Liability

  • September 13, 2022

    'Sins Of Girardi' Shouldn't Taint PG&E Bankruptcy, Judge Says

    A California bankruptcy judge on Tuesday ordered PG&E fire victims' trustee to respond to a pro se plaintiff's discovery bid into JAMS mediators' neutrality, but he doubted the plaintiff's "very broad brush" allegations that disgraced lawyer Tom Girardi influenced the proceedings and warned the "sins of Girardi" shouldn't taint the case.

  • September 13, 2022

    Prolific Oxycodone Doc Gets 15 Years After Feds Rip Up Deal

    A Manhattan federal judge sentenced a former pain doctor Tuesday to 15 years in prison for pushing "almost unfathomable" amounts of oxycodone onto the streets of New York City, handing down a long sentence after prosecutors said he breached his cooperation agreement.

  • September 13, 2022

    Texas Court Skeptical LG Chem Can Avoid Battery Suit

    A Texas appellate court panel questioned Tuesday whether LG Chem Ltd., an affiliate of LG Corp., can avoid litigation in Texas court over the explosion of a lithium-ion battery used with an e-cigarette in a man's pocket since it did not sell the product directly to consumers.

  • September 13, 2022

    1st Circ. Won't Ax $5.5M Notre Dame Construction Award

    The First Circuit on Tuesday upheld a $5.5 million arbitration judgment awarded to the University of Notre Dame over the objections of two developers regarding a botched student housing project, with a panel rejecting a claim that the deadline for confirming the award had passed.

  • September 13, 2022

    Women Sue Over Alleged Inaccurate Ovulation Test Kits

    A slew of home ovulation test kit manufacturers were accused of misleading consumers and preying on the anxieties of women trying to get pregnant in order to make a profit in a proposed class action suit filed in a New York federal court.

  • September 13, 2022

    NJ Residents Seek Cert. In Feud Over Pet Food Factory Odor

    A group of New Jersey residents has asked a federal judge for class certification in a lawsuit accusing an animal food manufacturer of spewing noxious odors in their neighborhood, pointing to a separate class that received certification against the same company in another state.

  • September 13, 2022

    Interior Dept. Proposes Revamping Offshore Safety Regs

    The U.S. Department of the Interior has proposed revising a Trump-era offshore drilling safety rule that rolled back requirements enacted by the Obama administration in the wake of the 2010 Deepwater Horizon disaster.

  • September 13, 2022

    Green Groups Seek To Restart Fluoridated Water Risks Case

    Green groups on Monday urged a California judge to resume their lawsuit seeking to force the U.S. Environmental Protection Agency to ban the addition of fluoride to drinking water, saying there's plenty of new information to warrant new proceedings.

  • September 13, 2022

    Judge OKs $666,666 In Atty Fees In Benecol Settlement

    A California federal judge has approved $666,666 in attorney fees and reimbursement for counsel representing a class of people who purchased Benecol food spreads that were allegedly mislabeled as having no trans fats.

  • September 13, 2022

    Listing Magazine Wants Vt. High Court Input On Zillow Claims

    A home listing magazine is urging Vermont's federal court to certify a question to the state's high court that would determine whether the magazine must be a consumer under a state law to bring a suit against Zillow Inc. for unfair and deceptive competition.

  • September 13, 2022

    BMW Dealer Sues Marsh McLennan Unit Over $4M Settlement

    A South Carolina BMW dealership and its insurers are suing a Marsh McLennan-affiliated claims manager, saying that the manager's failure to respond to a car accident injury suit cost it the chance to contest liability, resulting in a $4 million settlement.

  • September 13, 2022

    Gorton's Frozen Fish Labeling Suit Nears Settlement

    Seafood maker Gorton's Inc. said Monday it is close to settling a proposed class action alleging it falsely labels its tilapia as "sustainably sourced."

  • September 12, 2022

    More Settlements Reached In Fla. Timeshare Exit Suit

    Bluegreen Vacations Unlimited has reached a settlement with two attorneys who were among the score of defendants the timeshare company accused of providing services encouraging people to break their timeshare contracts, marking the latest deal in the Miami federal court case.

  • September 12, 2022

    Kind Bar Buyers' False Ad Class Action Decertified, Tossed

    A New York federal judge on Friday decertified Florida, California and New York classes of consumers who allege Kind LLC mislabeled its snack bars as "all natural" and handed Kind a summary judgment win in the multidistrict litigation, finding that the consumers failed to show reasonable buyers were deceived by the labels.

  • September 12, 2022

    FTC Asks About Credibility In Appeal Over Altria's Juul Deal

    Members of the Federal Trade Commission probed staff attorneys on Monday during oral arguments about how much weight they should give credibility findings made by an in-house judge when he rejected a challenge of Altria Group Inc.'s $12.8 billion investment in Juul.

  • September 12, 2022

    Gun Co. Says NYC's 'Ghost Gun' Suit Superseded By State AG

    Weapons distributor Indie Guns LLC has asked a federal judge to dismiss New York City's suit accusing it of selling illegal firearm parts used to make untraceable "ghost guns," arguing the claims by the city are superseded by the state's attorney general, who has filed a similar lawsuit in state court.

  • September 12, 2022

    3M, Others Get 6th Circ. To Review Class Cert. In PFAS Suit

    The Sixth Circuit on Friday said it will review a decision to certify a class of plaintiffs who claim the nation's top chemical companies knowingly put their health at risk by selling "forever chemicals," saying the ruling steps into unsettled areas of law and could be the litigation's "death knell."

  • September 12, 2022

    $1.7B Crash Verdict Winners Want $549M In Fees From Ford

    Two siblings who won a $1.7 billion verdict against Ford Motor Co. last month after their parents were killed in a truck rollover have asked a Georgia court to grant them at least $549 million in attorney fees, plus more than $500,000 in litigation costs.

  • September 12, 2022

    Lewis Brisbois Adds Toxic Tort Pros To Philly Office

    Lewis Brisbois Bisgaard & Smith LLP has expanded its Philadelphia office with the addition of two partners in its toxic tort and environmental litigation practices.

  • September 12, 2022

    Endo Seeks Injunction To Pause Government Opioid Suits

    Endo Pharmaceuticals is asking a New York bankruptcy judge to pause thousands of state and local government suits against the company over its opioid sales, saying it needs breathing room to finish its Chapter 11 reorganization.

  • September 09, 2022

    Inside The Collapse Of A Pioneering Opioid Case For DOJ

    The U.S. Department of Justice launched a "terribly flawed" criminal case against a drug distributor and several individuals amid pressure to alleviate Appalachia's opioid crisis, and a newly confirmed U.S. attorney displayed "courage and guts" by ending the case last month, defense counsel told Law360 in an expansive interview.

  • September 09, 2022

    Abbott Infant Formula MDL Gets Co-Lead Plaintiffs' Attys

    An Illinois federal judge overseeing multidistrict litigation against Abbott Laboratories over the contamination of its Similac infant formula tapped attorneys from Aylstock Witkin Kreis & Overholtz PLLC and Johnson Becker PLLC as co-lead counsel for the plaintiffs Thursday.

  • September 09, 2022

    Dems Press Zuckerberg On Meta Effort To Halt Crypto Scams

    Prominent Democratic senators are calling on Meta to explain what it is doing to prevent cryptocurrency-related scams on its various social media platforms, citing concerns that the technology giant is providing a "breeding ground" for fraud.

  • September 09, 2022

    Calif. Gun Law: A Tool To Curb Violence Or 'Political Theater'?

    California's new gun law allowing private citizens to sue the gun supply chain has experts divided on whether it is a useful new tool to curb gun violence or a political tactic inspired by recent U.S. Supreme Court decisions on abortion and guns that will surely be challenged by the firearms industry.

  • September 09, 2022

    Toyota, Denso Agree To Fuel Pump Deal With $28.5M Fees

    Toyota Motor Corp. and Denso Corp. have agreed to a deal in New York federal court under which they would launch new warranty programs and pay up to $28.5 million in attorney fees to resolve proposed class claims alleging they sold 3.36 million Toyota and Lexus vehicles with defective Denso fuel pumps.

Expert Analysis

  • Key Factors In Determining Specific Personal Jurisdiction

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    As courts across the country continue to grapple with the problem of determining when specific personal jurisdiction over a defendant is warranted, a survey of recent rulings sheds light on the most important issues that influence court decisions on this question, says Jonathan Rubinstein at Cohen Placitella.

  • After NY Asbestos Rulings, Lung Cancer Suits Face Obstacles

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    A New York state appeals court’s recent decisions in three related cases raise plaintiffs’ burden of proof in asbestos-related lung cancer suits, paving the way for defendants in certain low-dose asbestos matters to prevail on causation arguments during the summary judgment stage, say Erich Gleber and David Freed at Hawkins Parnell.

  • What Litigators Can Really Learn From Rambo

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    A Rambo litigator is a consistently overaggressive and dishonest attorney, but the John Rambo of "First Blood," which recently celebrated its 40th anniversary, has several excellent qualities worth emulating in the legal profession, including professional competence, mental resilience and improvisational ability, says Christopher Van de Kieft at Gitlin Horn.

  • Attorneys Should Note Judges' Financial Conflicts Of Interest

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    The Federal Circuit's recent ruling vacating a $2.75 billion judgment in Centripetal Networks v. Cisco should be a wake-up call for lawyers that they and their clients could pay a heavy price if a judge with financial ties to a litigant fails to take appropriate action, says Deborah Winokur at Cozen O'Connor.

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Opinion

    The Defense Bar Must Push Back On Social Inflation

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    Social and litigation trends such as the rise of opioid and #MeToo cases have led to greater risks of nuclear verdicts for the defense bar and insurers, making efforts for tort reform, regulation of litigation funding and coordinated defense strategies essential, say Christopher Carroll and Joshua Wirtshafter at Kennedys and Rachel Kim at Sompo International.

  • Opinion

    3M's Bankruptcy Maneuver Raises Issues For Justice System

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    3M's attempt to shift the massive multidistrict litigation over the manufacturer's defective earplugs to a federal bankruptcy court is a deeply troubling move to avoid a fair trial, and should not be allowed to proceed, says Robert Klonoff at Lewis & Clark Law School.

  • Manufacturers' Liability After NJ Asbestos Warning Ruling

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    The New Jersey Supreme Court's recent ruling in Fowler v. Akzo means that defendants in asbestos litigation are required to establish they provided an adequate warning to the end user, as well as the end users' employer, says Michael Posavetz at Eckert Seamans.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

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    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • Best Practices For Auto Boards During Industry Revolution

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    Recent cases alleging that corporate directors breached their fiduciary duties by failing to exercise adequate oversight have survived motions to dismiss, and automotive boards would do well to understand how the so-called Caremark standard might apply to them at a particularly challenging time for the industry, say Justin Savage and Ike Adams at Sidley.

  • Rebuttal

    Circuits Are Consistent On State Law Climate Claim Issue

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    A recent Law360 guest article argued that the U.S. Supreme Court should review the Tenth Circuit's decision in Boulder v. Suncor due to a purported circuit split, but there is no circuit split on whether state law claims arise under federal law for the purpose of conferring removal jurisdiction solely because they involve climate change, says Michael Burger at Columbia Law School.

  • Ethics Lessons From The Alex Jones Discovery Debacle

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    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

  • Series

    In-House At A Cannabis Company: The Advertising Issues

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    Cannabis advertising regulations are necessary to ensure public health and safety, but when a state overshoots these baseline concerns, the restrictions meant to protect the public can hinder the creation of a safe and legal cannabis market, says Monique Saysana at Leafly.

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