Product Liability

  • September 02, 2022

    Shutts & Bowen Partner Joins Morgan & Morgan In Fla.

    A former Shutts & Bowen LLP attorney who defended insurance companies jumped to Morgan & Morgan's West Palm Beach shop.

  • September 01, 2022

    VPX CEO Says Super Creatine Best Supplement Ever 'By Far'

    Vital Pharmaceuticals Inc. CEO Jack Owoc spent a combative day on the witness stand Thursday in California federal court refuting false advertising claims brought by Monster Energy Co., insisting no studies are needed on the "super creatine" ingredient in the company's Bang energy drink while standing by his claims about its health and muscle-building benefits. 

  • September 01, 2022

    Monsanto Gets Fast Win In St. Louis Roundup Trial

    A St. Louis jury found Thursday that Monsanto's Roundup herbicide did not cause the non-Hodgkin's lymphoma of three longtime users, deliberating for only a few hours after closing arguments.

  • September 01, 2022

    Procter & Gamble Unit Hit With False Ad Suit Over Tampons

    A proposed class of consumers has alleged in Illinois federal court that a Procter & Gamble unit markets its tampons as "100% organic" despite containing non-cotton and non-organic ingredients, including titanium dioxide.

  • September 01, 2022

    J&J Reaches $40.5M Opioid Deal With NH, Avoiding Trial

    Johnson & Johnson and its subsidiary Janssen announced Thursday that they have reached a $40.5 million settlement with the state of New Hampshire to end claims that the company's opioid marketing minimized the risks of addiction, avoiding a trial set to start next week.

  • September 01, 2022

    Bard Can't Escape $3.3M Vein Filter Verdict

    A Wisconsin federal judge on Wednesday upheld a $3.3 million verdict in favor of a woman who alleged that a vein filter made by C.R. Bard broke and a part became embedded in her heart, saying that the jury's verdict was backed by evidence shown at trial.

  • September 01, 2022

    Ohio Panel Backs Sherwin-Williams In Lead Paint Insurer Suit

    An Ohio appeals court ruled Thursday that paint maker Sherwin-Williams is entitled to insurance coverage for its liability in cleaning up lead paint damage in California homes, reversing a lower court decision.

  • September 01, 2022

    WTO Panel Halts Canada's Canola Seed Spat With China

    The World Trade Organization has suspended its investigation, effective Wednesday, of a dispute between Canada and China over Beijing's restrictions on canola seed imports, after Canada asked the panel probing the conflict to pause its work.

  • September 01, 2022

    Holmes Acquittal Bid Denied As Attys Hint At New Info

    A California federal judge issued a preliminary ruling from the bench Thursday denying ex-Theranos CEO Elizabeth Holmes' request for a post-trial acquittal on charges she defrauded investors with bogus blood-testing technology, while her attorneys told the judge they plan to file a new trial motion based on "newly discovered" information.

  • August 31, 2022

    New York Beats Challenge To Conceal Carry Law At 11th Hour

    A New York federal court on Wednesday threw out — for now — a lawsuit questioning the constitutionality of the Empire State's recently enacted gun control laws, ruling that the gun owner and gun rights advocacy group that filed suit don't have standing to challenge the law.

  • August 31, 2022

    'Zero' Studies Support VPX's Super Creatine Claims, Jury Told

    An expert on creatine continued his criticisms of Vital Pharmaceuticals Inc.'s "super creatine" ingredient in Bang energy drinks Wednesday, telling a California federal jury considering Monster Energy Co.'s false ad claims that there are "zero" known scientific studies supporting the company's assertions about its health benefits.

  • August 31, 2022

    Canada's Treaty Move Doesn't Impact Line 5 Suit, Tribe Says

    The Bad River Band has told a Wisconsin federal judge that Canada's recent start of treaty negotiations with the U.S. to try to maintain Enbridge Energy Co.'s Line 5 pipeline "changes nothing" about the tribe's suit to block it.

  • August 31, 2022

    Amid Calif. Trial, VPX Sues Monster Over 'Hazardous' Drinks

    Vital Pharmaceuticals slapped Monster with an unfair competition suit Wednesday in Florida federal court even as its rival's false advertising trial proceeds against it in California, asserting that Monster is ignoring reports of "hazardous" ingredients and engaging in "trademark bullying."

  • August 31, 2022

    Miami Air To Face Trimmed Guantanamo Flight Injury Claims

    A Florida federal judge said Wednesday that a Miami Air charter flight from Guantanamo Bay to Naval Air Station Jacksonville was an international flight governed by the Montreal Convention, a decision clarifying the scope of damages that passengers may pursue in litigation over a May 2019 runway crash.

  • August 31, 2022

    Monsanto Can't Beat Texas Couple's Roundup Cancer Suit

    A Texas federal judge denied Monsanto an early win Wednesday in a Texas married couple's suit claiming Roundup weedkiller caused the husband's cancer, finding there's evidence suggesting the product's registration process before the U.S. Environmental Protection Agency was inadequate because Monsanto was never asked to test the risks of getting cancer from long-term exposure.

  • August 31, 2022

    Local Biz Interests Welcome Gun-Free Times Square Zone

    Streets around Times Square border a newly designated "sensitive location" prohibiting concealed firearms starting Thursday, a development local business interests welcome as a reassurance to New Yorkers and tourists alike.

  • August 31, 2022

    Ill. Judge Melts Haagen-Dazs Ice Cream Bar Labeling Suit

    Consumers wouldn't be deceived into thinking the chocolate coating on a Haagen-Dazs ice cream bar contains only milk chocolate and no vegetable oils, an Illinois federal judge said Tuesday, dooming allegations that the product was unlawfully mislabeled.

  • August 31, 2022

    Asbestos Debtors Want Owens-Illinois Ch. 11 Claim Data

    Three bankrupt companies with cases pending in North Carolina court told a Delaware judge Wednesday that their subpoenas to the reorganized asbestos unit of Owens-Illinois would provide relevant data about asbestos injury claims as they proceed toward claims estimation trials.

  • August 31, 2022

    GM Must Face Most Claims In Engine Defect Class Action

    A Georgia federal judge largely denied a motion to dismiss by General Motors LLC in a proposed class action alleging that a defect in certain trucks and SUVs sold by the company from 2011 to 2014 resulted in excess oil consumption, engine damage and vehicle drivability problems.

  • August 31, 2022

    Meta Says Social Media Injury Suits Should Be Grouped

    Meta on Tuesday told the Judicial Panel on Multidistrict Litigation that suits alleging its social media platforms exploit underage users and cause them physical and emotional harm should be consolidated, given common issues in the suits.

  • August 31, 2022

    $200M Boat Death Verdict Winners Fight For Interest

    A Florida couple who won a $200 million verdict over their young son's boating death on a Georgia lake are contesting a state trial court's denial of their request for almost $8 million in prejudgment interest, adding another layer to the appellate fight.

  • August 30, 2022

    Split 5th Circ. Backs $14M Air Pollution Fine For ExxonMobil

    A split Fifth Circuit panel on Tuesday upheld a $14 million penalty against ExxonMobil Corp. for air pollution violations at a Texas refining and chemical complex, with the majority finding that a Texas federal court's penalty determination was "well within its wide discretion."

  • August 30, 2022

    Bang's Super Creatine Less Effective Than Burger, Prof. Says

    A Texas A&M professor who has conducted 30 studies on creatine told a California federal jury Tuesday that Vital Pharmaceuticals Inc.'s "super creatine" ingredient in its Bang energy drink is not creatine and produces no similar effect.

  • August 30, 2022

    Sterigenics Rep Says It Didn't Need To Warn Of Emission Risk

    Industrial sterilization company Sterigenics' former environmental safety executive testified Tuesday that although its now-closed facility in Willowbrook, Illinois, at some points emitted more than 100 times the amount of ethylene oxide as other locations, the company never warned its neighbors of their exposure risk because "we didn't think it was needed."

  • August 30, 2022

    Feds Rip Exec's 'Culture Of Lies' As COVID Fraud Trial Wraps

    Prosecutors urged a California federal jury during closings Tuesday to find Arrayit's president guilty of fraud and conspiracy for his "culture of lies," which allegedly involved duping insurers, patients and investors with inaccurate allergy and COVID-19 tests, while defense counsel argued that the charges are built upon incomplete evidence and non-credible witness testimony.

Expert Analysis

  • Make Room For Serendipity In Your Legal Job Search

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    Landing your dream legal job gets easier when you cultivate serendipity — which involves expanding and deepening your network, while being flexible, authentic and engaged with the world around you, says Anna Sanders at VOYLegal.

  • In COVID, Can PREP Act Protection Extend To Patent Suits?

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    The Copan v. Puritan Medical patent decision on swabs used for COVID-19 tests has made the District of Maine the first court to face the question of whether immunity under the Public Readiness and Emergency Preparedness Act extends to claims of patent infringement, but it's unlikely to be the last, say Matt Rizzolo and Keyna Chow at Ropes & Gray.

  • Ethics Considerations For Attorneys Joining Nonprofit Boards

    Excerpt from Practical Guidance
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    Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

  • High Court's Opioid Ruling Shows Limits Of CSA's Reach

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    The U.S. Supreme Court's decision in Ruan v. U.S., demanding rock-solid proof of intentional impropriety to convict a prescriber under the Controlled Substances Act, provides reassurance to opioid prescribers, but the U.S. Department of Justice is unlikely to back down on CSA prosecutions, say Janelle Pelli and Michelle Peirce at Hinckley Allen.

  • What Maine's Recent PFAS Crackdown Means For Companies

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    Maine has been a nationwide trendsetter in regulation of per- and polyfluoroalkyl substances, and given the state's recent sweeping legislative actions against PFAS, companies operating in Maine must consider their compliance strategies carefully, say Patrick Gwinn at Integral Consulting, and Lisa Gilbreath and Sara Murphy at Pierce Atwood.

  • EPA's New PFAS Listings Raise Enforcement, Litigation Risks

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    The U.S. Environmental Protection Agency's recent addition of five per- and polyfluoroalkyl substances to a list of risk-based values for regional screening and removal management levels increases the risks of litigation and government enforcement related to PFAS contamination — and companies should prepare for a roller coaster of further regulatory actions, say attorneys at Alston & Bird.

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • When A Nonmanufacturer Is The 'Apparent Manufacturer'

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    A recent Washington state case addressed consumer expectations with respect to a manufacturer's advertisements, which is a reminder that retailers can be held liable for products they don't manufacture based on labeling and advertising under the apparent manufacturer doctrine, say Christopher Carton and Jasmine Owens at Bowman and Brooke.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

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