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Product Liability
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June 03, 2024
Law Firm Faces Sanctions Bid For Happy Meal 'Extortion' Suit
McDonald's has urged a Florida federal court to sanction Fischer Redavid PLLC and its clients for bringing a recently dismissed lawsuit seeking a warning on Happy Meal containers, accusing them of trying to extort the company for a bigger payout after securing an $800,000 jury verdict in a related case for the second-degree burns suffered by a girl from a dangerously hot Chicken McNugget.
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June 03, 2024
Attys Get $10M In Fees In Family Dollar Infestation Deal
A Tennessee federal judge has granted $10 million in fees to attorneys representing consumers following a settlement to resolve multidistrict litigation stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, finding the fees reasonable for the work done on the case.
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June 03, 2024
Pool Co. Says It Won't Survive $16M Judgment In Bid For Stay
The American arm of a Chinese swimming pool equipment maker told a North Carolina federal judge it faces insolvency if forced to fork over a $16 million false advertising and unfair business practices judgment, asking instead for a stay without bond while it appeals the verdict.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Ex-DEA Agent Told Jury Chiquita Was 'Victimized' By Militants
A former U.S. Drug Enforcement Administration agent took the stand Friday in the federal trial against Chiquita Brands International Inc., testifying to jurors in Florida court that right-wing paramilitary group Autodefensas Unidas de Colombia was the leading supplier of cocaine and "victimized" the company by using it to smuggle drugs.
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May 31, 2024
Monsanto PCB Plaintiffs Want $185M Wash. Win Restored
A group of public school teachers is urging the Washington State Supreme Court to review a state appellate court decision overturning their $185 million win in a PCB tort against Monsanto, contending the ruling stifles plaintiffs' rights in cases stemming from the same school site and other product liability litigation.
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May 31, 2024
Colo. AI Bias Law Lays 'Foundation' For New State Patchwork
Colorado's trailblazing legislation for regulating high-risk uses of artificial intelligence is likely to inspire other states to act, although a host of "reservations" about the measure from advocates and even Colorado's governor are likely to result in a fragmented national landscape as other states' legislatures use the measure as a launching point rather than a model they'd want to fully replicate.
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May 31, 2024
'Alkaline Water' Blamed For Liver Failures In Latest Trial
Eight Las Vegas residents on Friday became the latest group to try claims against an "alkaline water" company whose manufacturing process, their lawyer told a jury, introduced a chemical that caused their livers to fail.
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May 31, 2024
Martinelli & Co. Sued Over Arsenic In Apple Juice
A consumer hit S. Martinelli & Co. with a proposed class action in New York federal court Friday over allegations that the company failed to disclose that its apple juice contains arsenic, saying a recent recall campaign has been "a complete and abject failure."
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May 31, 2024
Subaru Drivers Reach Class Deal Over Defective Fuel Pumps
A group of Subaru of America Inc. drivers asked a New Jersey federal judge Thursday to greenlight a settlement resolving proposed class claims that they bought or leased cars containing defective fuel pumps, saying the deal would provide "concrete, real-world benefits" via reimbursements and extended warranties.
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May 31, 2024
RJR Hit With $9.3M Verdict For Smoker's Death
A Florida jury on Friday awarded more than $9 million to the family of a man who died of chronic obstructive pulmonary disease and heart disease, and assigned almost all the blame for his death to R.J. Reynolds Tobacco Co.
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May 31, 2024
State Climate Superfund Laws Will Face Fossil Fuel Fightback
A first-of-its-kind law in Vermont will impose Superfund-like liability and cleanup tabs on fossil fuel companies for climate change-related damages, though legal experts predict the industry will fight such laws as fiercely as it's fought climate tort lawsuits brought by state and local governments.
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May 31, 2024
Haleon Sued Over 'Natural Flavors' Emergen-C Labels
Pharma giant GlaxoSmithKline Consumer Healthcare Holdings, now Haleon PLC, was hit with a proposed class action in California federal court by two consumers who allege the company falsely labels its vitamin C drink mix as containing natural flavors even though its made with artificial ingredients.
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May 31, 2024
Michigan Justices Say Treadmill Claims Not Filed Too Late
The Michigan Supreme Court on Friday revived a woman's claims against a delivery company she says negligently installed her treadmill, saying the state court claims related back to her timely filed claims in a previously dismissed federal court case with the same allegations.
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May 31, 2024
Weight Loss Drug Caused Stomach Paralysis, Suit Says
A Kentucky woman on Friday sued Novo Nordisk A/S and its affiliates in federal court, alleging that the company failed to warn patients that its weight loss treatment Saxenda carried the risk of incurable stomach paralysis.
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May 31, 2024
Beasley Allen Wants J&J Subpoenas Nixed Amid Ethics Fight
The Beasley Allen Law Firm and a plaintiff steering committee in the Johnson & Johnson talc litigation blasted subpoenas directed at the firm and others aimed at turning up evidence of an alleged scheme to muster opposition to J&J's latest $6.5 billion bankruptcy plan.
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May 31, 2024
FDA Seeks Fines Over Elf Bar E-Cigarette Sales
The U.S. Food and Drug Administration on Thursday said that it is seeking civil money penalties from nine stores and one online retailer for selling Elf Bar e-cigarettes, after previously warning them about sales of unauthorized tobacco products.
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May 30, 2024
Okla. Tribes Say Bills Won't Deter Poultry Biz From Polluting
The Inter-Tribal Council of the Five Civilized Tribes says two bills working their way through the Oklahoma Legislature don't go far enough to deter the poultry industry from polluting and threaten to undo decades of progress toward improving water quality.
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May 30, 2024
9th Circ. Says Cannabis Co. Can Retry Suit Over Lamp Fire
A Washington cannabis company whose Spokane Valley growing facility was burned down, allegedly due to faulty indoor grow lamps, will get one last shot at suing the company which made the lights, the Ninth Circuit ruled, warning the cannabis company to be "mindful" when filing.
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May 30, 2024
FAA Caps 737 Max Production Amid Boeing Safety Plan Fixes
The Federal Aviation Administration said Thursday it will continue to limit Boeing's production of 737 Max jets as the company presses ahead with overhauling its safety culture under an FAA-mandated corrective action plan following January's midair blowout aboard an Alaska Airlines flight.
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May 30, 2024
Ill. Made 'Big Concession' In 3M PFAS Suit, 7th Circ. Judge Says
A Seventh Circuit judge observed Thursday that the state of Illinois made a "big concession" in its suit accusing 3M of polluting local waters with toxic "forever chemicals" when the state said 3M could avoid liability if Illinois can't prove contamination came exclusively from a particular facility.
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May 30, 2024
Pipe Co. Says Appeals Court Erred In Indemnity Claim Waiver
A steel pipe manufacturer asked Texas' Supreme Court to scrap an appellate court ruling it waived its ability to challenge a trial court order requiring it to defend another manufacturer in a multimillion-dollar suit over faulty pipes, saying the appellate panel should have concluded the company was challenging the decision.
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May 30, 2024
Judge Exits Military Families' Suit Over Fatal Osprey Crash
A California federal judge recused himself from the wrongful death lawsuit launched by the families of the U.S. Marines killed when a Bell-Boeing-made V-22 Osprey went down, a recent court filing shows.
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May 30, 2024
Mich. Judge Refers Atty To Calif. Bar Over Flint PR Stunt
A Michigan federal judge overseeing contaminated drinking water litigation in Flint, Michigan, referred a California attorney to that state's bar on Thursday after the lawyer refused to provide more details, or submit to the court's jurisdiction, over her involvement in an alleged smear campaign targeting a lawyer for Flint children.
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May 30, 2024
Pa. Court Blocks State's Recall Over Cannabis Vape Additives
The Pennsylvania Commonwealth Court has permanently blocked the state Department of Health from enforcing a 2022 recall of medical cannabis products containing certain additives, on the grounds that the department's reversal on the additives' approval was a "de facto regulation" that was enacted without the proper procedures.
Expert Analysis
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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FDA Warning Letter Tightens Reins On 'Research Only' Labels
A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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AI In The Operating Room: Liability Issues For Device Makers
As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.
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3 Lessons From Family Dollar's Record $41.7M Guilty Plea
Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.