Product Liability

  • April 09, 2024

    Judge Says He'd Be Spooked By Mercedes Recall Notice

    A Washington federal judge hinted on Monday that a Mercedes-Benz driver likely had standing in a proposed class action after getting a recall notice about a potentially dangerous brake issue, with the judge remarking that such a warning would make him afraid to take his car on the road until an inspector cleared it.

  • April 09, 2024

    Jones Day's FOIA Suit Turning Into Judicial Quagmire

    A Michigan state judge said what he initially thought was a straightforward open-records dispute had turned into a complicated mess, as law firm Jones Day argued Tuesday that a Michigan agency must turn over documents related to its crackdown on the family of toxic chemicals known as PFAS.

  • April 09, 2024

    Wash. High Court Leaves Gun Magazine Ban In Place

    The Washington state Supreme Court has paused a judge's ruling that the state's law banning the sale of large-capacity magazines for firearms is unconstitutional.

  • April 09, 2024

    Gun Shield Law Constitutional, Arms Co. Tells Pa. High Court

    Springfield Armory Inc. has asked the Pennsylvania Supreme Court to undo a ruling that it was not immune from product defect claims filed by the family of a boy who was shot by a friend thinking one of the company's guns was unloaded, arguing that Congress intended to prevent such lawsuits with the Protection of Lawful Commerce in Arms Act.

  • April 09, 2024

    EPA Reaches $1.4M Deal With Chemical Co. Over Plant Fire

    The U.S. Environmental Protection Agency on Monday said that it had recently reached a settlement with Houston-based Sasol Chemicals LLC over a 2022 chemical plant explosion in Westlake, Louisiana, over which the company agreed to pay more than $1.4 million in civil penalties and fix violations.

  • April 09, 2024

    Smith & Wesson Can't Keep Mass Shooting Case In Fed. Court

    The Seventh Circuit ruled Monday that Smith & Wesson must litigate in state court lawsuits brought by survivors and the families of victims who were killed or wounded in the July 4, 2022, Highland Park, Illinois, parade shooting, rejecting the gunmaker's argument that its compliance with federal regulators mandated federal jurisdiction.

  • April 09, 2024

    Jury Must Hear Terrorism Payments Were Extortion, Chiquita Says

    Banana company Chiquita argued Tuesday it should not be blocked from presenting evidence about threats made to its employees by a Colombian paramilitary group and about other businesses making payments to the group at a coming bellwether trial in a long-running multidistrict litigation accusing Chiquita of funding the paramilitary group that allegedly killed the plaintiffs' relatives.

  • April 09, 2024

    Feds Want To Push Back Complex Camp Lejeune Cases

    The federal government has asked the North Carolina court overseeing litigation concerning contaminated water at Camp Lejeune to first try cases brought by former residents of the Marine base who allege they have developed only one disease from the water and try more complicated cases later.

  • April 09, 2024

    EPA Outlines New Ways To Destroy, Dispose Of PFAS

    Waste managers, government regulators and the public should use methods such as underground injection to destroy or dispose of perfluoroalkyl and polyfluoroalkyl substances and PFAS materials, guidance from the U.S. Environmental Protection Agency says.

  • April 09, 2024

    Maryland Legislature Sends Kratom Bill To Governor

    Maryland will become the 13th state to pass a Kratom consumer protection act into law, if Gov. Wes Moore signs the bill that the state Legislature sent to his desk.

  • April 09, 2024

    Printer Buyers Defend HP Ink Cartridge Antitrust Claims

    HP printer buyers told an Illinois federal court they've done enough to show that HP monopolized the market for replacement ink cartridges by alleging the company used firmware updates to lock them into purchasing HP ink cartridges.

  • April 09, 2024

    Norfolk Southern Settles Train Derailment Suits For $600M

    Norfolk Southern Corp. has agreed to settle the consolidated class action claims brought against it over its tragic train derailment and toxic chemical spill in East Palestine, Ohio, for $600 million, according to a joint motion filed in federal court Tuesday.

  • April 09, 2024

    EPA Finalizes Rule Cutting Cancer-Causing Emissions

    The U.S. Environmental Protection Agency on Tuesday finalized restrictions on cancer-causing emissions including ethylene oxide and chloroprene from chemical plants that the agency says will reduce nearby vulnerable populations' risk of cancer and other health problems.

  • April 08, 2024

    Miss. Residents Defend Jackson Water Contamination Claims

    A group of Jackson, Mississippi, residents are asking a federal judge to preserve their second amended proposed class action against the mostly Black city over a water treatment plant shutdown that left more than 150,000 people without access to clean water. 

  • April 08, 2024

    Roche Again Beats Ex-Service Members' Antimalarial Drug Suit

    A California federal judge on Monday tossed a second suit alleging Roche Inc. and its affiliates failed to warn service members that their antimalarial drug could have permanent psychiatric side effects, saying such claims are preempted by federal law.

  • April 08, 2024

    9th Circ. Urged To Revive J&J, Bausch Talc False Ad Suit

    An attorney for a proposed class alleging they were misled by Johnson & Johnson and Bausch Health about their talc products' safety urged a Ninth Circuit panel on Monday to revive the suit, saying a lower court erred in finding his clients needed to point to specific advertisements that misled them.

  • April 08, 2024

    Fiat Chrysler Beats Faulty Rearview Camera Class Action

    A New York federal judge on Monday dismissed a proposed class action alleging that Fiat Chrysler knowingly sold certain Dodge Ram trucks with defective rearview camera systems, saying the driver bringing the suit can't prove any economic injuries following a federal recall.

  • April 08, 2024

    Tesla Owner Claims Company's Warranty Misled Customers

    A California Tesla owner claims the electric vehicle company falsely advertised a battery warranty and refused to replace a fuse on his car without charge, a repair that should have been covered by the agreement, according to a proposed class action filed in California federal court.

  • April 08, 2024

    Tesla Settles Autopilot Wrongful Death Suit On Eve Of Trial

    On the day a closely watched trial was set to get underway in California, Tesla Inc. revealed it reached a confidential settlement with the family of an Apple engineer who died in a 2018 crash of a Tesla vehicle engaged in Autopilot, the company said in a California Superior Court filing on Monday, asking the judge to seal the figure.

  • April 08, 2024

    Catching Up With Delaware's Chancery Court

    Last week, a much-watched Chancery Court Match.com decision got reversed, a Philip Morris motion got stubbed out, and a long-frozen Blue Bell Creameries suit started churning again. Delaware's Court of Chancery also saw new suits filed for legal fees, arguments over multibillion-dollar pay packages, and a judge flummoxed over Truth Social.

  • April 08, 2024

    FDA Finds No Asbestos In Cosmetic Talc Products

    The U.S. Food and Drug Administration on Friday said that tests through a third-party contractor last year of cosmetic talc products revealed no traces of asbestos.

  • April 05, 2024

    Bayer Verdict In Mo. Roundup Cases Reduced To $611M

    A Missouri state judge has significantly reduced the $1.56 billion jury verdict awarded to three people who claimed their cancer was caused by Bayer unit Monsanto Co.'s Roundup weedkiller, cutting the damages awarded to just $611 million.

  • April 05, 2024

    COVID App Takes Another Shot At Apple With Justices

    App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.

  • April 05, 2024

    Baltimore Bridge: Biden's Visit, Recovery, Supply Chain

    Nearly two weeks after the Francis Scott Key Bridge's collapse, government and legal maneuvers are taking shape as the Biden administration pledged to fully reopen the Port of Baltimore before June, while the owner and operator of the ship that caused the collapse sought to limit its financial liability.

  • April 05, 2024

    Marriott Wants $5M Repair Work Bill Stayed Pending Appeal

    Marriott International asked a Colorado federal judge Friday to hold off on enforcing a $5 million judgment it was ordered to pay a construction company over mudslide repair work in Brazil while the hotel appeals the order, noting it has secured a surety bond with Liberty Mutual.

Expert Analysis

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • The Section 230 Immunity Provision Debate Continues

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    The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.

  • Opinion

    Why Justices Should Protect Public From Bump Stocks

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    In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Time To Step Up PFAS Due Diligence In Cross-Border M&A

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    Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Landmark Product Safety Prosecution May Signal Sea Change

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    U.S. v. Chu, a novel prosecution and guilty verdict of corporate executives for failing to report product defects under a consumer safety law, will certainly not be the last case of its kind, and companies will need to prepare for the government’s increasingly aggressive enforcement approach, say attorneys at Cooley.

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