Product Liability

  • October 31, 2024

    IFC Projects Must Do More On Emissions, Report Says

    An accountability arm of the International Finance Corp. is encouraging it to bolster its methods to identify and mitigate greenhouse gas emissions from financed projects, saying its current approaches are not fully up to date and limit its effectiveness in addressing global warming.

  • October 31, 2024

    Firms Fight Bid To Revive Malpractice Suit Over Liability Case

    Two firms are asking the Delaware Supreme Court to affirm the dismissal of a malpractice suit filed by parents over damages sought for their child's "catastrophic injuries," allegedly caused by contamination from a chicken plant.

  • October 30, 2024

    Jury Told Abbott, Mead Owe 'Astronomical' Sum Over Formula

    Lawyers for a premature baby who developed a serious gut condition after being given formula made by Abbott and Mead Johnson asked a jury to deliver an "astronomical" punishment in closing arguments Wednesday while the companies said formula's only sin is it can't protect preterm infants like breast milk can.

  • October 30, 2024

    Calif. Panel Axes $10.6M Abex Asbestos Verdict

    A California appellate panel has thrown out a $10.6 million asbestos verdict against Pneumo Abex LLC and ordered a new trial, finding that the trial court erred in granting a directed verdict that rejected the now-bankrupt braking lining manufacturer's sophisticated user defense.

  • October 30, 2024

    Dole Whip Buyer Says Labels Belie Artificial Ingredients

    Dole Food Co. falsely lauds its Dole Whip products as containing "no artificial ingredients," despite the sweet snacks containing manufactured citric acid and other artificial additives, according to a consumer's proposed class action filed Wednesday in California federal court.

  • October 30, 2024

    Judge Stops Arbitration Of Connecticut Trial Firm Breakup

    A Connecticut Superior Court judge has issued an emergency order temporarily restraining the CEO of a law firm known for high-dollar trial verdicts from arbitrating a dispute over the practice's breakup after onetime partner Andrew P. Garza filed suit late last week.

  • October 30, 2024

    Google's Bid To Depose AG Has Texas Appeals Judge 'Extremely Troubled'

    A Texas appeals court raised concerns about Google's claim that it had the right to depose the Texas Office of the Attorney General, with a justice saying during oral arguments Wednesday that giving Google a green light to interview lawyers representing the state could open a legal can of worms.

  • October 30, 2024

    More Than Half Of Cos. Slow With Antirobocall Compliance

    Fewer than half of U.S. phone companies have finished installing equipment to stop scam robocalls in the three years since the adoption of Federal Communications Commission standards for robocall mitigation, according to a new report from a consumer watchdog group.

  • October 30, 2024

    Dental Co. Exec Found Dead After Missed Fraud Sentencing

    An ex-CEO of a dental device company was found dead after he did not appear in Seattle federal court last week for sentencing in a $10.7 million fraud scheme, the U.S. Attorney's Office for the Western District of Washington said Wednesday.

  • October 30, 2024

    Publix Denied Early Win Over Opioid Coverage Defense

    A Florida federal court rejected Publix's bid for defense cost coverage for dozens of public nuisance lawsuits related to the opioid crisis, finding that the damages sought are too far removed from particular bodily injuries caused "because of" opioid addiction, as required in Publix's policies.

  • October 30, 2024

    3M Says Excess Insurers Must Cover PFAS Claims

    Manufacturing giant 3M said its excess insurers must cover claims alleging injury and damage because of exposure to so-called forever chemicals in the company's products, telling a Delaware state court that the claims fall squarely within the scope of coverage promised in the policies.

  • October 30, 2024

    Auctioneer Fights Transfer Of Defamation Suit Against Braves

    An auction house pushed back Tuesday on the Atlanta Braves' bid to dismiss or transfer a suit over the team's claims that the auctioneer was selling phony memorabilia, including a home plate allegedly tagged by Hank Aaron after hitting his record home run, arguing that the team should be held accountable by Texas courts.

  • October 30, 2024

    4th Circ. Reverses NFL Fans' Win In Railing Collapse Suit

    A dispute over a railing collapse that injured fans at the Washington Commanders' stadium could still end up in arbitration after a Fourth Circuit panel reversed a lower-court decision blocking the team from enforcing the arbitration clause on the fans' game tickets.

  • October 30, 2024

    3rd Circ. Asks If Dodge Charger Suit Is Ripe For Revival

    A Third Circuit panel on Wednesday asked owners of Dodge Charger Hellcats whether now is the right time to revive allegations that Fiat Chrysler Automobiles US LLC sold them muscle cars that fell short of advertised high-performance standards.

  • October 30, 2024

    Keurig Dr Pepper Sued Over 'Naturally Flavored' Ginger Ale

    Keurig Dr Pepper faces a proposed class action filed in California federal court accusing it of mislabeling its Schweppes and Canada Dry brands of ginger ale beverages as only containing "natural flavors" while they actually contain a synthetic chemical to mimic the taste of ginger.

  • October 30, 2024

    Animal Med Distributor To Pay $1.1M For Lax Opioid Oversight

    Veterinary supplier Covetrus North America will pay $1.125 million to settle allegations that it ignored warning flags on 35 suspicious orders of opioids from a Cape Cod veterinarian's practice and shipped the drugs anyway, the Massachusetts U.S. Attorney's Office announced Wednesday.

  • October 30, 2024

    Class Members Can't Change Opt-Out Rules In Chevy EV Deal

    A Michigan federal judge won't grant a bid by individual class members to change the opt-out procedure in a $150 million settlement to resolve claims that General Motors sold Chevrolet Bolt electric vehicles with defective batteries, calling the motion an improper late objection to the settlement's preliminary approval.

  • October 30, 2024

    Hershey's Candy Wrappers Contain PFAS, Spooky Suit Says

    A chocolate lover has sued The Hershey Co. in Pennsylvania federal court just days before Halloween alleging the packaging of its milk chocolate bars and Kisses, Reese's Peanut Butter Cups, Reece's Pieces and KitKat Bars contain dangerous "forever chemicals."

  • October 30, 2024

    Connecticut Water Users Amend Utility PFAS Class Action

    A proposed class of Connecticut consumers filed an amended complaint for a suit alleging a water utility knowingly sold water containing unhealthy levels of "forever chemicals" without installing treatment equipment that could have prevented the contamination from reaching people.

  • October 29, 2024

    Monsanto PCBs 'Pervasive' At School, Scientist Tells Jury

    Monsanto-made PCBs were "pervasive" at a Washington school, an industrial hygienist testified Tuesday in the latest trial over illnesses there before being grilled by defense counsel about the integrity of his material samples.

  • October 29, 2024

    NY Judge Tosses $14B Decongestant MDL

    A New York federal judge threw out a streamlined complaint in a multidistrict litigation accusing companies such as Target and Bayer of making and selling ineffective over-the-counter decongestants, finding Tuesday the state claims are expressly preempted, and the proposed class lacks standing on a federal racketeering claim as indirect purchasers.

  • October 29, 2024

    Bell Owes $16M In Trade Secrets Row With Vendor, Jury Finds

    A Texas jury on Tuesday largely found in favor of Bell Helicopter Textron Inc. in a suit claiming that it used a former vendor's trade secrets to prep a replacement supplier, concluding that Bell breached its contract with the vendor but that the Fort Worth, Texas-based aerospace manufacturer hadn't stolen intellectual property.

  • October 29, 2024

    Canadian Co. Owes $7.5M Default Judgment In Toxic Mud Suit

    A Georgia federal judge has awarded a nationwide class of customers more than $7.5 million in damages in litigation alleging Canadian company BlackOxygen sold them mud-based nutritional supplements containing harmful levels of toxic heavy metals after the company failed to respond to their claims.

  • October 29, 2024

    Mining Regs Have World Effect On Tribes, High Court Told

    A chief of an Indigenous Brazilian community is backing an Arizona tribe in its bid to overturn a decision that allows a copper mining company to discharge treated wastewater into a local waterway, telling the Supreme Court that pollution from such operations impacts more than just health around the world.

  • October 29, 2024

    6th Circ. Judge Doubts Airport Funding Made It Federal Agent

    A Sixth Circuit judge on Tuesday said he saw "problems" with a Michigan airport's argument that federal grants had enough requirements to make the airport effectively a federal officer, suggesting it cannot litigate a suit over its PFAS-containing firefighting foam in federal court.

Expert Analysis

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • Opinion

    Big Oil Climate Ruling Sets Dangerous Liability Precedent

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    The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • The State Law Landscape After Justices' Social Media Ruling

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    Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

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