Product Liability

  • October 05, 2021

    Charleston, Kimberly-Clark Flushable Wipes Deal Goes Ahead

    A South Carolina federal judge has given the go-ahead to a class action settlement between Charleston’s sewer system and Kimberly-Clark Corp. to end claims that its “flushable” wipes clog up sewer systems.

  • October 04, 2021

    Pharmacies' Opioid Screening 'Totally Ineffective,' Jury Hears

    The first trial against pharmacies over their alleged roles in the opioid crisis began Monday in Cleveland with a federal jury hearing claims that Walgreens and others' systems to catch illegitimate prescriptions were riddled with holes.

  • October 04, 2021

    High Court Urged To Take Up Monsanto Roundup Appeal

    Seven legal and trade groups urged the U.S. Supreme Court on Monday to take up Bayer AG's appeal of a Ninth Circuit ruling that awarded $25 million over claims that its Roundup weedkiller causes cancer, arguing that the appellate court allows unreliable experts.

  • October 04, 2021

    Calif. Oil Spill Will Ramp Up Regulatory Heat On Feds

    The underwater pipeline leak that befouled the Southern California coast over the weekend will increase pressure on the Biden administration to craft stronger safety and decommissioning regulations for aging offshore oil and gas infrastructure, which is especially prevalent in the Pacific Ocean.

  • October 04, 2021

    4 Georgia Cases To Watch This Fall

    This fall, Georgia courts are contending with questions about whether the CEO of General Motors can be deposed in a civil case stemming from a car wreck and considering state duty-to-warn laws in a $200 million injury case. Here, Law360 breaks down four Georgia cases attorneys should be watching.

  • October 04, 2021

    9th Circ. Clarifies Timely Removal Of Suits In Boeing Case

    The Ninth Circuit on Friday sent an asbestos suit against Boeing back to federal court in a decision that clarified when a suit can be timely removed from state court to federal court.

  • October 04, 2021

    Drugmakers In Zantac MDL Try To Trim Claims

    Drugmakers targeted in multidistrict litigation over a carcinogen found in heartburn medication Zantac urged a Florida federal court Monday to toss medical monitoring claims, arguing that the plaintiffs have failed again to specify levels of the carcinogen that would cause an increased cancer risk.

  • October 04, 2021

    J&J Unit Must Face Claims Pelvic Mesh Was Defective

    A Florida federal judge won't let Johnson & Johnson unit Ethicon Inc. escape claims from a woman alleging that two of its pelvic mesh products were defective, saying her claims were not filed too late.

  • October 04, 2021

    Apple Inks $95M Deal To End IPhone, IPad Warranty Suit

    A class of smartphone and tablet buyers is asking a California federal court to give the go-ahead to a $95 million settlement to resolve claims that Apple Inc. failed to honor its warranties by replacing broken iPhone and iPad devices with "remanufactured" units that were not as good as new ones.

  • October 04, 2021

    Justices Won't Hear Trade Groups' NY Opioid Tax Challenge

    The U.S. Supreme Court on Monday declined to review a challenge by pharmaceutical groups aimed at killing a New York law imposing $600 million in payments on opioid distributors and manufacturers.

  • October 01, 2021

    Counties Say Opioid Trial Can Redress 'Great Stress' Of Crisis

    The two Ohio counties set to battle national pharmacies starting Monday in a key opioid bellwether have strong steel and manufacturing roots and see the trial as their chance to hold companies accountable for the extreme financial stress the crisis has brought to their already struggling communities.

  • October 01, 2021

    Ex-Theranos Lab Chief Testifies That Balwani Wasn't Qualified

    A former Theranos lab director testified in ex-CEO Elizabeth Holmes' criminal fraud trial Friday that Holmes' onetime romantic partner Ramesh "Sunny" Balwani directed lab team members, ordered quality control studies and assessed the quality of Theranos data even though he wasn't qualified to do so.

  • October 01, 2021

    Supreme Court's Return Could Deliver Conservative Windfall

    The Supreme Court returns to the bench Monday for its first in-person arguments since the pandemic began, but the moment feels anything but normal. The courtroom is still closed to the public as the justices consider major cases involving abortion, gun rights and religious freedom under a cloud of scrutiny from lawmakers and activists.

  • October 01, 2021

    Jury Hits 3M With $8.2M Verdict In Latest Earplugs Trial

    A Florida federal jury returned an $8.2 million verdict against 3M on Friday in the fourth bellwether trial in massive multidistrict litigation covering military members' claims that they suffered hearing loss as a result of defects in the design of the company's military-issue earplugs.

  • October 01, 2021

    Investors Say Former Juul Director Won't Sit For Deposition

    Investors who brought a securities class action suit against tobacco company Altria Group Inc. and vaping company Juul Labs Inc. filed a motion to compel in California federal court on Thursday, stating that a former director of Juul has refused to sit for requested depositions.

  • October 01, 2021

    Pro Say: A Supreme Court Term Packed With Landmark Cases

    A new U.S. Supreme Court term is upon us, with the justices set to tackle a slew of lightning-rod cases in the coming months, including a referendum on abortion rights and the court's first major gun rights case in over a decade.

  • October 01, 2021

    NFL 'Race Norming' Settlement Imminent, Judge Says

    The NFL, concussion class counsel Chris Seeger of Seeger Weiss LLP and attorneys for two Black former players are close to finalizing a deal to end the controversial use of race-based norms in cognitive testing in the league's concussion settlement, a Pennsylvania federal judge said Friday.

  • October 01, 2021

    New PFAS Reporting Rule Could Be Tough For Businesses

    The U.S. Environmental Protection Agency's pending requirement that companies report their use of so-called forever chemicals could impose a tough burden on businesses across many industry sectors, and environmental attorneys say it's crucial that companies act now to prepare.

  • October 01, 2021

    Merck Accuses Bayer Of Ducking Product Liability Claims

    Bayer AG is refusing to take over product liability claims from Merck & Co. in violation of its $14.2 billion agreement to buy Merck's consumer product line including brands like Dr. Scholl's, the New Jersey-based drugmaker said in Delaware's Chancery Court.

  • October 01, 2021

    Feds Strike $1.25M Settlement With Mine In Ill. Superfund Suit

    The U.S. Environmental Protection Agency has reached a $1.25 million settlement with companies that own or owned part of a now-closed Illinois mine where remediation efforts have been ongoing since it was listed as a Superfund site in 2012.

  • October 01, 2021

    Up Next At High Court: State Water Rights, CIA Black Sites

    The U.S. Supreme Court will begin its October 2021 term Monday with Mississippi's lawsuit accusing Tennessee of stealing millions of dollars worth of water, followed by thorny questions about the Sixth Amendment right to cross-examination and whether the government can shield information about CIA black sites.

  • October 01, 2021

    Toyota Can't Escape Suit Over Camry HVAC Systems

    A proposed class action accusing Toyota and a regional distributor of concealing allegedly defective ventilation systems in certain Camry models is heading to trial after a Florida federal judge denied the companies' bids for summary judgment rulings.

  • October 01, 2021

    Native Corp. Demands That Feds Clean Up Polluted Land

    An Alaska Native corporation has sued a U.S. government agency, claiming that it built a septic leach field that pollutes corporation land that was gained from a 1990 settlement agreement.

  • October 01, 2021

    3M Defeats Investors' Claim It Hid Chemical Liability Risk

    A Minnesota federal judge dismissed an investor suit against 3M, ruling stockholders hadn't met the high standard necessary to proceed with their allegations that the company hid its liability risk related to toxic "forever chemicals."

  • October 01, 2021

    Kavanaugh Tests Positive For COVID, Has No Symptoms

    Justice Brett Kavanaugh tested positive for COVID-19 on Thursday evening and will be participating in the Supreme Court's first oral arguments of the term next week from home, a court spokesperson said. He has been fully vaccinated since January and has no symptoms.

Expert Analysis

  • Roundup

    Embracing ESG

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    In this ongoing Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • Benzene In Sunscreens Could Be The Next Big Toxic Tort

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    After recent revelations of benzene contamination in Johnson & Johnson sunscreens, companies manufacturing, distributing and selling potentially affected products should prepare for an onslaught of long-latency toxic tort suits, while taking steps to ensure product quality, say Georgia Ainsworth and Gregory Anding at Kean Miller.

  • Retention Is Key To Meaningful Diversity At Law Firms

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    Minority attorneys leave their law firms earlier and at higher rates than their peers, so firms must deemphasize their diversity programs' focus on recruitment and rethink the ways they support and advance attorneys from underrepresented groups, say Shilpa Coorg and David Ramírez-Gálvez at DTO Law.

  • Opinion

    New NJ Fed. Rule On Litigation Funding Should Be Welcomed

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    The District of New Jersey's new local civil rule on litigation funding disclosure has faced exaggerated criticisms when it is a logical extension of the current practices in many U.S. jurisdictions, leads to greater transparency for the parties and the court without unduly burdening the parties, and is a positive development particularly in product liability cases, say attorneys at Dechert.

  • Federal Cannabis Reform: Inevitable But Inevitably Piecemeal

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    Although a recently reintroduced, comprehensive federal cannabis legalization bill has widespread public support, political theory and legislative history reveal why Congress will likely pass incremental reforms that, collectively and over time, will lead to a new era in American cannabis policy, say E.K. McWilliams and Nika Arzoumanian at Jenner & Block.

  • Worse Can Be Better For Nonjudicial CERCLA Allocation

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    With the U.S. Supreme Court's recent Guam v. U.S. decision potentially reviving some previously time-barred claims under the Comprehensive Environmental Response, Compensation and Liability Act, parties seeking nonjudicial Superfund settlements should consider that a quicker, less in-depth allocation process may produce a better result, says William Ford at Lathrop GPM.

  • Avoiding Unauthorized Practice Of Law In Remote Work

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    The COVID-19 pandemic has forced many lawyers to telecommute, potentially from home jurisdictions where they are not admitted, raising questions about compliance with states’ unauthorized practice of law mandates — but attorneys can look to rules, advisory opinions and case law for clarity, say Lauren Snyder and Amy Richardson at Harris Wiltshire.

  • Calif. Shooting Victims' Suit May Bypass Gun Maker Immunity

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    A judge's go-ahead for a California lawsuit against gun maker Smith & Wesson over a 2019 attack at a San Diego synagogue is a significant win for mass shooting victims, opening the door for plaintiffs to circumvent the immunity gun manufacturers have long enjoyed, says Allen Patatanyan at West Coast Trial Lawyers.

  • Opinion

    Rule 702 Proposal Would Overly Restrict Expert Testimony

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    The effort underway to revise Federal Rule of Evidence 702 is an unnecessary repudiation of the Daubert standard for admissibility of expert testimony — a change that would thrust judges into the role of juries and disproportionately affect plaintiffs, says Susan Steinman at American Association for Justice.

  • 9th Circ. Honey Label Ruling Reflects 'Common Sense' Shift

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    The Ninth Circuit's recent dismissal of Moore v. Trader Joe's, a putative class action over a product labeled "100% New Zealand Manuka Honey," suggests that courts are growing more willing to dismiss labeling challenges that do not pass the reasonable-consumer test, say attorneys at Alston & Bird.

  • Will You Be Ready If Your Class Action Goes To Trial?

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    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • And Now A Word From The Panel: Closing MDLs

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    While there are no firm rules that the Judicial Panel on Multidistrict Litigation uses to close out MDLs, and the pace has slowed a bit this year, there is a recent pattern as to when the panel will say farewell, says Alan Rothman at Sidley.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

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