Product Liability

  • August 26, 2022

    Phillips Lytle Taps Ex-Kirkland Atty To Launch Chicago Office

    Upstate New York firm Phillips Lytle LLP has opened a new location in Chicago, bringing in a former Kirkland & Ellis LLP litigation partner to lead the office.

  • August 26, 2022

    EPA Proposes Treating 2 PFAS Chemicals As Hazardous

    The U.S. Environmental Protection Agency on Friday proposed to treat two widely used PFAS chemicals as hazardous substances, which could open the industry up to Superfund liability for releases and cleanups.

  • August 25, 2022

    Suit Over E-Cig Battery That Melted Ore. Man's Pants Tossed

    An Oregon federal judge has dismissed a suit from a Eugene man who accused LG Chem of negligence after he was burned and his pants melted when an e-cigarette battery exploded in his pocket, ruling that the manufacturer doesn't have enough ties to the state.

  • August 25, 2022

    AIG Moves Exxon's Benzene Coverage Fight To Federal Court

    A Texas federal court will hear a dispute between ExxonMobil and an AIG unit over whether the gas giant can avoid millions in policy retentions as it seeks coverage for claims made by workers who alleged they were exposed to benzene, after the insurer removed the suit from state court.

  • August 25, 2022

    Recused Fed. Judge Mistakenly Tossed Walmart False Ad Suit

    An Illinois federal judge on Wednesday reinstated a false advertising suit against Walmart that had been dismissed just the day before, saying a different federal judge who had previously recused himself had "mistakenly" written an entire opinion tossing the putative class action over labeling on fudge mint cookies.

  • August 25, 2022

    Watchdog Says VA's Toxic Water Claims Process Needs Work

    The U.S. Department of Veterans Affairs incorrectly processed more than a third of claims for disability benefits related to toxic water at a Marine base in North Carolina — resulting in thousands of veterans being underpaid or missing out altogether, according to a watchdog report released Thursday.

  • August 25, 2022

    Tepezza Label Silent On Serious Hearing Risks, Suit Says

    Horizon Pharmaceuticals Inc. failed to alert regulators and the general public that a drug it developed to treat thyroid eye disease can cause permanent hearing loss and ear ringing, an Arizona man claimed in Illinois federal court Thursday.

  • August 25, 2022

    Dog Food Buyers Drop Fraud Suit Against Mars For Good

    Buyers of dog food made by Mars Petcare US Inc. agreed to permanently drop their proposed class action in Illinois federal court that accused the company of fraud for using ingredients it claimed to avoid.

  • August 25, 2022

    Silk Faces Fraud Suit Over Coffee Creamer Protein Claims

    Dairy-alternative beverage producer Silk misleadingly inflates the protein content of one of its popular almond-based coffee creamers, a putative class action lawsuit filed in a Colorado federal court alleged.

  • August 25, 2022

    Amplify Energy Strikes Deal To End SoCal Oil Spill Suit

    Amplify Energy Corp. said Thursday it has agreed to settle hundreds of claims from Southern California residents and businesses that they were harmed by a massive crude oil pipeline leak offshore.

  • August 25, 2022

    'Timeshare Exit' Firm Agrees To Stop Helping Owners

    Two timeshare companies agreed to end their claims in Florida federal court against a "timeshare exit" law firm and several related entities, which promised not to instruct timeshare holders to stop paying their fees or to help owners skip out on their timeshare commitments.

  • August 25, 2022

    8th Circ. Says Biomet Received A Fair Trial In Hip Implant Suit

    The Eighth Circuit won't overturn a $3.5 million verdict against Biomet Inc. in favor of a patient who says her hip implant device shed metal debris, ruling that the company "was not denied a fair trial."

  • August 25, 2022

    NJ Justices Toss Punitive Claims Over FDA Device Warning

    The New Jersey Supreme Court on Thursday threw out punitive damages claims against Valley Health System and others for using a power morcellator during a patient's hysterectomy after the U.S. Food and Drug Administration warned about such devices, citing the "purely advisory nature" of the agency's communication.

  • August 24, 2022

    COVID-19 Tort Cases Have Peaked, Report Says

    The number of COVID-related tort suits filed in federal court peaked in the first quarter of 2021 about a year into the pandemic and has been ebbing steadily in each quarter since, according to a new report by Lex Machina.

  • August 24, 2022

    Blue Bell Execs' Insurance Bid Denied In Listeria Outbreak

    Blue Bell Creameries Inc. and its subsidiaries aren't entitled to coverage from two insurance companies for their fight with shareholders over actions during a fatal 2015 listeria outbreak, a Texas federal judge has ruled.

  • August 24, 2022

    Zillow Dodges False Ad Suit Over Owner Listings In Vt.

    A federal judge in Vermont has dismissed a complaint against Zillow by a home listing magazine that claimed the company's for-sale-by-owner listing advertisements deceived consumers and violated state and federal consumer protection laws.

  • August 24, 2022

    Amazon Says Imposter Exploits Ring TM In Tech Service Scam

    Amazon.com claims a company purporting to offer tech support for Ring devices and Prime account activation infringed its trademark to scam victims out of hundreds of dollars each by selling them unneeded services, according to a lawsuit filed in California federal court.

  • August 24, 2022

    Whole Foods 'No Antibiotic' Beef Has Antibiotics, Suit Says

    The beef products that Whole Foods touts as free from antibiotics actually contain antibiotics, according to a proposed class action filed in California federal court.

  • August 24, 2022

    Energy Cos. Insist Justices Can Review Climate Suit Remand

    Colorado local governments can't rebut the clear conflict between the Tenth Circuit's remand of their climate change lawsuit to state court and a Second Circuit ruling that such cases are a federal matter, ExxonMobil and Suncor Energy told the U.S. Supreme Court on Wednesday.

  • August 24, 2022

    Clark Love Sued Over 'Scheme' To Settle Expired Mesh Suits

    Houston-based plaintiffs' firms Clark Love & Hutson PLLC and the Lee Murphy Law Firm have been slapped with a lawsuit in Texas federal court by two women who say their lawyers mishandled their pelvic mesh injury claims against Boston Scientific Corp.

  • August 24, 2022

    3 Firms To Lead Ferrari Brake Defect Suit

    A New Jersey federal judge has named attorneys at Carella Byrne Cecchi Olstein Brody & Agnello PC, Cuneo Gilbert & LaDuca LLP and Burger Law LLC as interim class counsel in a proposed class action over an alleged brake defect in Ferraris.

  • August 24, 2022

    Gorton's Must Face Scaled-Back Frozen Fish Labeling Suit

    Gorton's Inc. is not yet off the hook for a suit alleging it falsely labeled its tilapia products as "sustainably sourced," after a Massachusetts federal judge on Wednesday trimmed the claims but declined to toss the case altogether.

  • August 24, 2022

    3rd Circ. Rules Trusts Must Obey Asbestos Claim Subpoenas

    Multiple asbestos injury compensation trusts can't fight a Georgia-Pacific affiliate's subpoenas for claims data in a Delaware federal court, given that the trusts' shared claims agent tried the same arguments in a North Carolina bankruptcy court and lost, the Third Circuit ruled Wednesday.

  • August 23, 2022

    Bard Tells Mesh Jury Patient Didn't Prove What He Promised

    C.R. Bard Inc. gave closing arguments on Tuesday in a patient's trial over allegedly crumpling hernia mesh, telling a Rhode Island jury the man's lawyers repeatedly "broke promises" made in openings to prove that the plastic was not medical grade and much more.

  • August 23, 2022

    11th Circ. Says FDA Must Weigh Youth Vape Restriction Plans

    A split Eleventh Circuit on Tuesday told the U.S. Food and Drug Administration it shouldn't have denied several e-cigarette companies' applications to sell flavored tobacco products without first taking a look at their marketing and sales plans designed to minimize youth exposure and access.

Expert Analysis

  • Opinion

    Policy, Not Lawsuits, Is The Best Way To Fight Climate Change

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    While municipal climate litigation will do nothing to reduce emissions and may have negative economic consequences, Congress and policymakers can weigh the security, economic and environmental impacts of climate change and take meaningful action, says Greenberg Traurig's Albert Wynn, a former member of Congress.

  • Justices' Jurisdiction Ruling Could Increase Business Liability

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    The U.S. Supreme Court's forthcoming decision in Mallory v. Norfolk Southern could create a seismic shift in business litigation across the country by subjecting companies to personal jurisdiction in any state where they are merely registered to do business, say Amandra Cottrell and Jonathan Clark at Sheppard Mullin.

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

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    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • Opinion

    Justices Should Give Feds' Roundup Amicus Little Weight

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    The U.S. Supreme Court shouldn't defer to the solicitor general's petition-stage amicus brief urging a claims-award review in the Monsanto Roundup case, because the action would not only affect thousands of cases but also undermine the U.S. Environmental Protection Agency's authority, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • UN Plastics Resolution Means A New Chapter In Enviro Policy

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    The United Nations' creation of a new committee presents a unique opportunity for businesses to shape the international approach to plastic pollution, and the resulting development of a legally binding instrument by the end of 2024 could send a clear signal on regulatory direction, say attorneys at DLA Piper.

  • And Now A Word From The Panel: MDL Travel

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    The Judicial Panel on Multidistrict Litigation’s return to in-person proceedings, as well as a recent petition in an insurance-related MDL, highlight an important question about whether the panel will continue to consider travel convenience as a relevant factor in venue decisions after two years of virtual hearings, says Alan Rothman at Sidley.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • 11th Circ. Ban On Service Awards May Inhibit Class Actions

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    Since the Johnson v. NPAS Solutions decision in 2020, the long-established practice of service awards for representative plaintiffs in class actions has fallen under a cloud in the Eleventh Circuit — and while the case remains an outlier, it may make class actions more difficult to bring in that jurisdiction, say William Reiss and Dave Rochelson at Robins Kaplan.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • What FDA Warning Letters Signal About Delta-8 Enforcement

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    The U.S. Food and Drug Administration’s recent warning letters to five companies represent the agency’s first attempt to target products containing Delta-8 THC, and suggest that it will likely follow its CBD playbook, using a risk-based strategy that focuses on products appealing to children and those making unapproved health claims, say attorneys at Perkins Coie.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Vaping-Linked Lung Issues May Ignite More Diacetyl Litigation

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    While diacetyl litigation related to the food flavoring industry has been on the decline, possible links between the use of diacetyl in e-cigarettes and the development of bronchiolitis suggest that a new wave of vaping-related diacetyl litigation may be on the horizon, say Paul Knobbe and Andrea Sciarratta at Goldberg Segalla.

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