Product Liability

  • September 24, 2021

    Health Beverage Co. Seeks To Block Rival's Name In IP Suit

    Health food and beverage company Remedy Organics asked a New Jersey federal court Friday to block a competitor from using the name Remedy Drinks, saying the brand infringes its registered trademark and has already fostered confusion in the marketplace.

  • September 24, 2021

    SC Jury Awards $32M In Kraft Heinz Asbestos Death Suit

    A South Carolina jury has hit Kraft Heinz Co. and Metal Masters Inc. with a $32 million verdict in a suit by a worker who alleges that his wife died of mesothelioma as a result of asbestos exposure through his work at a facility Kraft Heinz owned in the state.

  • September 24, 2021

    Philadelphia Jury Clears J&J In Talc Cancer Case

    The first case in Philadelphia over alleged health risks associated with Johnson & Johnson's signature talcum powder came to an end Friday as a state jury cleared the company of claims that its product contributed to a woman's ovarian cancer diagnosis.

  • September 23, 2021

    Skechers Gets Sneaker Burn Suit Tossed For Good

    An Illinois federal judge on Tuesday tossed a proposed class action brought by a woman who claimed that Skechers USA Inc.'s light-up sneakers burned her son's feet, saying her allegations didn't point to any direct statements by the shoe manufacturer related to the shoes' alleged defect.

  • September 23, 2021

    Linda Evangelista Files $50M Suit Over 'Disfiguring' Procedure

    Supermodel Linda Evangelista hit an Allergan PLC unit with a $50 million negligence suit in New York federal court, alleging that the company's 2015 fat-reduction procedure left her "permanently disfigured" and suffering from severe social anxiety and agoraphobia as a result.

  • September 23, 2021

    Edelson Nabs Interim Lead In Tech Giant Gambling App MDL

    A California federal judge on Thursday appointed Edelson PC interim class counsel in multidistrict litigation accusing Apple, Google and Facebook of illegally peddling slot machines and other Las Vegas-style gambling games on their platforms while raking in billions in revenue from commissions off every wager made in these so-called "social casinos."

  • September 23, 2021

    Monsanto PCBs Contaminated Del. Waterways, AG Suit Says

    Monsanto Co. knew in the 1930s that its PCBs were toxic, yet it continued to produce them for decades, ultimately contaminating Delaware's many waterways, the state and its attorney general said in a state court complaint Thursday.

  • September 23, 2021

    Judge Says 3rd Time's The Charm For Cop's Glock Defect Suit

    A California federal judge said Wednesday a retired Oakland police officer's proposed class action alleging a defect in Glock handguns causes them to "dangerously blow apart" can proceed, finding the former officer has adequately shown law enforcement complained to the manufacturer about guns exploding.

  • September 23, 2021

    Big Oil Aims To Pause Remand In Hoboken's Climate Suit

    Big Oil companies and the American Petroleum Institute want a New Jersey federal court to pump the brakes on its order remanding the city of Hoboken's suit seeking climate change costs to state court to allow for a Third Circuit appeal.

  • September 23, 2021

    No 9th Circ. Rehearing In VW Bondholders' Emissions Suit

    The Ninth Circuit on Thursday said it will not grant a rehearing of a suit alleging Volkswagen AG misled bondholders into buying overpriced bonds by hiding the existence of devices intended to cheat emissions tests.

  • September 23, 2021

    Insurer Wants 3M To Pay Up For Warming Device Defense

    3M should pay separate deductibles for each surgery involved in multidistrict litigation over its surgical warming device, a Chubb unit told a Minnesota federal court Wednesday.

  • September 23, 2021

    Kelley Kronenberg Adds Atty To Expanding Insurance Practice

    Florida-based law firm Kelley Kronenberg continued its insurance defense litigation practice expansion Tuesday by adding a new partner in Miami.

  • September 22, 2021

    Chubb Slams Sweep Of Opioid Defense Order For Rite Aid

    A lower court ruling that Chubb must defend Rite Aid Corp. against Ohio county efforts to recover damages for their responses to the opioid epidemic is "at odds with the law and even at war with itself," an attorney for the insurer told Delaware's Supreme Court on Wednesday.

  • September 22, 2021

    Fla. Appeals Court Reverses $10.5M Smoker's Award

    A Florida appeals court Wednesday reversed a $10.5 million jury award to a former Marine who lost his larynx after getting smoking-related cancer, ruling that the smoker's claims against Philip Morris are barred by Florida's statute of repose for fraud.

  • September 22, 2021

    Superfund Tax Would Boost Cleanups At Polluted Sites

    Underfunded cleanups at Superfund sites that have sat neglected for years would get a major shot in the arm from a congressional plan to revive a decades-dormant tax on chemicals and possibly on crude oil.

  • September 22, 2021

    Aldi Freed From False-Ad Claims Over 'Vanilla' Almond Milk

    A New York federal judge permanently tossed a consumer lawsuit Tuesday alleging that grocery chain Aldi falsely labeled its almond milk as "vanilla," causing consumers to be misled into believing its vanilla flavor came exclusively from vanilla beans, with the judge saying an amended complaint would be futile.

  • September 22, 2021

    US Trustee Challenges Constitutionality Of Purdue Releases

    The nondebtor, third-party releases included in Purdue Pharma's Chapter 11 plan are unconstitutional, the U.S. Trustee's Office has argued, asking a New York bankruptcy judge to wait until a higher court rules on the federal watchdog's challenge to the releases.

  • September 22, 2021

    6th Circ. Says GE Not Liable For $44M Rail Yard Clean-Up Bill

    The Sixth Circuit refused to revive efforts to force General Electric to foot an at least $44 million clean-up bill for rail yards contaminated with polychlorinated biphenyls that leaked out of old rail cars, agreeing that GE neither operated the sites nor arranged for PCBs to be disposed of there.

  • September 22, 2021

    Mattis Doubted Theranos 'Transparency,' Holmes Jury Hears

    Former defense secretary and onetime Theranos board member James Mattis testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud jury trial Wednesday that he concluded the company had "transparency issues" after learning from news reports that it was performing some blood tests on non-Theranos equipment.

  • September 22, 2021

    Police Say Court Erred In Halting Bulletproof Vest Class Action

    A group of police associations and officers urged the Eleventh Circuit on Wednesday to revive their suit alleging a design defect in bulletproof vests made by Florida-based Point Blank Enterprises Inc., arguing the trial court made numerous legal errors in denying them class certification.

  • September 22, 2021

    Harley-Davidson Inks Deal To End Defective Brake Suit

    Harley-Davidson Motor Co. Group LLC and a pair of bikers have reached a deal to end the bikers' claims in California federal court that the company sold them motorcycles with dangerously defective anti-lock braking systems.

  • September 21, 2021

    Theranos Test Wrongly Suggested Miscarriage, Jury Hears

    An Arizona patient and a nurse practitioner testified in former Theranos CEO Elizabeth Holmes' criminal fraud trial Tuesday that they didn't trust the startup's tests after the patient received at least one inaccurate hormone result that erroneously suggested she'd had a miscarriage.

  • September 21, 2021

    Ohio Counties Want Unvaxxed Jurors Out Of Opioid MDL Trial

    Two Ohio counties involved in an upcoming bellwether trial against pharmacies in sprawling multidistrict opioid litigation asked an Ohio federal judge on Tuesday to exclude nearly 40 potential jurors who are not vaccinated against COVID-19, saying that allowing unvaccinated jurors to serve on the jury would be likely to disrupt the trial.

  • September 21, 2021

    Army Housing Contractors Can't Shield Docs In Mold Dispute

    A Maryland federal magistrate judge ruled Tuesday that two Army contractors couldn't shield certain otherwise privileged consultants' documents in a putative class action accusing the contractors of providing moldy on-base housing, because those consultants worked for both the contractors and their law firm.

  • September 21, 2021

    Porsche Must Face Trimmed Suit Over Faulty Software Update

    A Georgia federal judge said Monday Porsche must face a pared-down proposed class action alleging a faulty software update caused the infotainment system in Panamera, Cayenne and other vehicles to malfunction and drain the cars' batteries.

Expert Analysis

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • Rebuttal

    Calif. Bill Would End Damages Injustice For Dead Plaintiffs

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    Contrary to the assertions in a recent Law360 guest article, California's S.B. 447 would correct a long-overdue injustice by ending the practice of cutting off litigants' claims for pain and suffering at death, which perversely incentivizes defendants to delay trials until plaintiffs die, say attorneys at Walkup Melodia.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • How Attorneys Can Reach Claimants In Today's Comms Era

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    Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

  • Telehealth Must Contend With Compounded Medication Regs

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    Expanding telehealth and digital pharmacy options like Amazon Pharmacy — which have seen accelerated growth during the pandemic — are entering the compounded medication industry and face a complex, evolving compliance landscape, including state and federal laws and regulations, and standards developed by organizations, say Emily Hussey and Kelly Kearney at Reed Smith.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Insurance Language Lesson From An Opioid Ruling

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    A Kentucky federal court's recent decision that the words “because of bodily injury” did not require insurer Motorists Mutual to defend drug company Quest against damages caused by the opioid epidemic provides lessons beyond the opioid context about seeking injury definitions that may be construed to provide broader coverage, say Vivian Bickford and Caroline Meneau at Jenner & Block.

  • Shielding Corporate Execs From Depositions After GM Ruling

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    A Georgia appeals court recently allowed a plaintiff to depose General Motors' CEO, in a blow to the apex doctrine's protections for high-ranking executives, but measures before and during discovery can reduce corporate leaders' exposure in such cases, say attorneys at DLA Piper.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Baby Food Contamination Cases Face Class Action Hurdles

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    Claims of adulterated baby food products have led to putative class actions around the country, but they involve different products, different companies, different state laws and different specific allegations, creating significant obstacles to class certification, say attorneys at Phillips Lytle.

  • After Ga. Ruling, Defense Must Aim To Limit Exec Depositions

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    In the wake of the Georgia Court of Appeals' recent ruling in General Motors v. Buchanan, allowing a GM executive to be deposed in a wrongful death case over an alleged vehicle defect, defense attorneys should focus on narrowing the scope of depositions involving high-ranking executives, say Carol Michel and Michael Weathington at Weinberg Wheeler.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • Opinion

    Congress Should Step In To Solve The Opioid Crisis

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    Instead of relying on piecemeal litigation to solve the opioid crisis, Congress should utilize data to create a coordinated national solution that would distribute culpability between parties and then allocate funds to affected areas, say Peter Kelso and Kristen Knorn at Roux Associates.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • The Future Of Climate Suits After Justices' Baltimore Ruling

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    The U.S. Supreme Court's recent decision in BP v. Mayor and City Council of Baltimore left many questions about climate change litigation unresolved, but cases making their way through federal courts offer the high court more opportunities to decide whether climate suits in state courts are preempted or raise nonjusticiable political questions, says Oliver Peter Thoma at King & Spalding.

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