Product Liability

  • February 07, 2024

    2nd Circ. Skeptical Of Reviving Investors' Breast Implant Suit

    The Second Circuit on Wednesday wondered whether there was enough evidence to revive a class action lawsuit accusing Allergan Ltd. of downplaying cancer risks linked to the company's breast implants, with the judges questioning investor claims that public statements addressing the concerns left out necessary information. 

  • February 07, 2024

    Fluoride Judge To Attys: 'I Don't Need Perry Mason Moments'

    A California federal judge presiding over a bench trial over fluoridated water's risks agreed to give the parties more time to present their cases Wednesday, but told counsel they haven't been "particularly efficient," and that "I don't need the Perry Mason moments — I just need to get to the issues."

  • February 07, 2024

    Wash. High Court Won't Review J&J Patient Privacy Ruling

    The Washington State Supreme Court won't review a ruling blocking Johnson & Johnson from seeing data on millions of patients in a suit over the opioid epidemic, just weeks after the drugmaker struck a $150 million deal with the state to end the litigation.

  • February 07, 2024

    Xcel, Plaintiffs Spar Over Early Details Of Mass Wildfire Suits

    An attorney for Xcel Energy said Wednesday that a proposed trial plan from the nearly 5,000 plaintiffs seeking to hold the utility liable for a 2021 wildfire is "completely unworkable under Colorado law," teeing up a key dispute over how a state court should handle the unwieldy litigation.

  • February 07, 2024

    Philly Flyers Trainers Dodge Arbitration In Zamboni Cancer Suit

    The Pennsylvania Superior Court has ruled that two Philadelphia Flyers athletic trainers suing the owner of the team's training center for blood cancer related to Zamboni chemical emissions can pursue a jury trial since their employment agreement's arbitration clause only deals with employment-related disputes.

  • February 07, 2024

    Ford Says Explorer Recall Offers Doom Faulty Bolt Suit

    Ford Motor Co. is urging a Washington federal judge to toss a proposed class action accusing the automaker of selling Explorers designed with a single unreliable rear axle bolt, saying the dispute isn't ripe for litigation because the vehicle owners haven't exhausted their options under two ongoing recalls.

  • February 07, 2024

    Surgical Robot Co. Sued Over Internal Burns, Death Of Patient

    A widower is suing Intuitive Surgical Inc. in Florida federal court, alleging the company hid a defect in its da Vinci surgical robots that allowed electricity to arc during his wife's surgery, burning her small intestine and leading to her death.

  • February 07, 2024

    Conn. Judge Won't Stay Unilever Benzene Suit For FDA Input

    A Connecticut federal judge on Tuesday denied Unilever's attempt to pause a proposed class action accusing it of selling dry shampoo products tainted with benzene, saying the company failed to show the U.S. Food and Drug Administration has undertaken any review of such matters that would warrant deference.

  • February 07, 2024

    Acella's $46.5M Drug Recall Settlement Gets Initial Signoff

    A Georgia federal judge on Wednesday gave preliminary approval of a nearly $46.5 million settlement from Acella Pharmaceuticals LLC to end a class action alleging the company sold worthless thyroid medication to hundreds of thousands of Americans.

  • February 07, 2024

    Colgate Can't Brush Off Ad Suit Over 'Recyclable' Toothpastes

    A suit alleging Colgate toothpaste tubes are falsely represented as being recyclable due to being rejected from recovery facilities will move past the dismissal stage, a California federal judge has ruled, finding that the plaintiffs' legal theory is based on "intrinsic characteristics" preventing recycling.

  • February 07, 2024

    Georgia Plaintiffs Boutique Expands After Big Wins

    When Tedra Cannella and Rob Snyder left their Atlanta plaintiffs firm Butler Prather LLP to hang their own shingle two years ago, plaintiffs attorney Alexandra "Sachi" Cole said she wasn't the only one who took notice.

  • February 07, 2024

    5th Circ. Judge Doubts Samsung On Hook For Exploding Vape

    A Texas man injured when a Samsung battery in his e-cigarette exploded faced resistance from a Fifth Circuit judge Wednesday who disputed the idea the technology company could face a state personal injury suit just because its batteries were shipped to the Lone Star State for other purposes. 

  • February 07, 2024

    EPA's Dicamba Reapproval Axed For Failure To Notify Public

    An Arizona federal judge revoked the U.S. Environmental Protection Agency's approval for the weed killer dicamba after finding the agency violated federal law by failing to properly notify and offer the public a chance to comment on the herbicide approvals.

  • February 07, 2024

    Camp Lejeune Plaintiffs Can't Get Jury Trial In Water Suit

    A group of North Carolina federal judges overseeing the Camp Lejeune contaminated-water litigation have struck the plaintiffs' bid for a jury trial, finding the Camp Lejeune Justice Act does not clearly and affirmatively grant a right to a jury trial in an action against the government.

  • February 07, 2024

    Imerys, Cyprus Mines Get Extension For Ch. 11 Mediation

    A Delaware bankruptcy judge Wednesday gave bankrupt talc supplier Imerys Talc America and its former owner Cyprus Mines another three weeks in mediation to try to resolve what they said were outstanding insurance issues and prepare for a creditor vote on their Chapter 11 plans.

  • February 07, 2024

    EPA Says Stricter Soot Requirement Needed For Air Quality

    The U.S. Environmental Protection Agency on Wednesday tightened federal standards for fine particulate matter pollution, touting the action's health and economic benefits.

  • February 06, 2024

    Calif. Lawmakers Pitch New Psychedelics Treatment Bill

    California lawmakers on Tuesday introduced a bipartisan proposal to regulate the therapeutic administration of nature-derived psychedelics after the governor vetoed a previous proposal last year.

  • February 06, 2024

    737 Max In Alaska Air Blowout Had 'Missing' Bolts, NTSB Says

    A mid-cabin panel that blew off a Boeing 737 Max 9 jet mid-flight last month appeared to have been missing four bolts meant to secure it in place, before the aircraft was ever delivered to Alaska Airlines, the National Transportation Safety Board said in a preliminary report Tuesday.

  • February 06, 2024

    Nissan Can't Make Supplier Pay $25M Award, 6th Circ. Says

    Nissan can't offload onto a brake supplier a $25 million award stemming from a fatal car crash, the Sixth Circuit ruled Tuesday, saying the jury found the braking system "as a whole" to be defective and not just parts supplied to the automaker.

  • February 06, 2024

    JPML Consolidates Suboxone Dental Decay Suits In Ohio

    The Northern District of Ohio will host consolidated cases brought against Indivior, Reckitt Benckiser and others alleging the companies failed to warn users of opioid addiction treatment Suboxone that it causes dental decay, according to an order from the U.S. Judicial Panel on Multidistrict Litigation joining 15 suits.

  • February 06, 2024

    Toyota Sued For Fraud Over Maintenance Plan's Value

    Toyota allegedly deceived thousands of customers by falsely claiming its maintenance plan had a "superior value" to paying for each service individually, according to a proposed class action filed in California federal court Monday.

  • February 06, 2024

    Meta, Snap Want Schools' Social Media MDL Suit Tossed

    Meta, Snap and other social media giants asked a California federal judge Monday to toss claims by schools and local governments over expenses incurred addressing the purported harms to students from the addictive features of their platforms, arguing the claims are barred by the First Amendment and the Communications Decency Act.

  • February 06, 2024

    Thousands Hit Feds With Third Suit Over Fuel Spill

    More than 2,200 military family members and civilians hit the U.S. government with a third suit over the Navy's allegedly negligent role in causing and responding to a large fuel leak affecting drinking water systems serving Joint Base Pearl Harbor-Hickam, Hawai'i

  • February 06, 2024

    Hose Maker Can't Escape Suit Over Sulfuric Acid Burns

    An Ohio appeals court has revived a man's injury claims against Gates Corp. over acid burns he suffered when a hose made by the company burst, saying his state-law claims are not preempted by the federal Hazardous Materials Transportation Act.

  • February 06, 2024

    Water Brand Owes Over $129M For Liver Failures, Jury Finds

    A Las Vegas jury awarded more than $129 million Tuesday to five people who developed liver failure after drinking "alkalinized" Real Water, $100 million of it in punitive damages.

Expert Analysis

  • The Case For Post-Bar Clerk Training Programs At Law Firms

    Author Photo

    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

    Author Photo

    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

    Author Photo

    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Transparency And Explainability Are Critical To AI Compliance

    Author Photo

    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • Preparing Law Students For A New, AI-Assisted Legal World

    Author Photo

    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

    Author Photo

    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

    Author Photo

    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

    Author Photo

    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

  • Navigating Discovery Of Generative AI Information

    Author Photo

    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

    Author Photo

    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Opinion

    Time To Ban Deferred Prosecution For Fatal Corporate Crime

    Author Photo

    As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.

  • Why Hemp-Synthesized Intoxicants Need Uniform Regs

    Author Photo

    State laws regulating hemp-synthesized intoxicants are a patchwork with little consistency between any given state, and without the adoption of a uniform regulatory framework, producers and consumers alike will need to be very cautious, say Dylan Anderson and Seth Goldberg at Duane Morris.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

    Author Photo

    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Analyzing The Legal Ripples Of The EPA's PFAS Regulation

    Author Photo

    As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.

  • Boeing Opinion Strikes Blow Against Overpayment Theory

    Author Photo

    The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!