Among upcoming product liability cases in the rest of 2020 are oral arguments this fall before the U.S. Supreme Court involving jurisdiction questions in automaker Ford's challenges to a pair of defect suits, as well as an expected rise in suits related to COVID-19 claims. Here are Law360's cases to watch for the rest of the year.
Unilever can't escape allegations that its advertising and marketing of Breyers Natural Vanilla Ice Cream misled consumers into thinking the ice cream contained natural vanilla flavors despite laboratory tests showing it was flavored with things other than vanilla, a California federal judge has ruled.
Green groups teamed up with the United Steelworkers union on Thursday to challenge the U.S. Environmental Protection Agency's recently published risk evaluation for methylene chloride, saying the EPA underestimated the chemical's negative impacts.
Beasley Allen's Joseph VanZandt is the youngest attorney on the plaintiffs' steering committee in the multidistrict litigation against troubled e-cigarette maker Juul, earning him a spot among the product liability attorneys under 40 honored as Law360 Rising Stars.
Purdue Pharma asked a New York bankruptcy judge Thursday to reject requests to allow five claims by classes of alleged opioid victims in its Chapter 11 case, saying adding new classes would be an unnecessary, last-minute complication.
A Texas federal judge on Wednesday dismissed felony charges against the former president of Blue Bell Creameries related to allegations the ice cream maker shipped products linked to a 2015 listeriosis outbreak, after the executive argued that prosecutors never properly secured an indictment.
Molson Coors delivered some sobering words to rival Anheuser-Busch on Wednesday in their fight over Bud Light ads claiming some Molson Coors-produced beers are made with corn syrup, urging a Wisconsin federal court to consider a permanent injunction to prevent more ads it says are "deliberately deceiving consumers."
The Borgata Hotel Casino & Spa has settled its $10 million suit against two professional gamblers it accused of cheating at minibaccarat, according to a motion the duo filed Thursday in New Jersey federal court seeking to toss the judgment they'd started to appeal.
EpiPen manufacturer Pfizer and distributor Mylan asked a Kansas federal judge to pare down remaining claims in multidistrict litigation over the price of the emergency allergy treatment, saying EpiPen buyers failed to show how the companies conspired to delay the entry of generic competitors.
The Eleventh Circuit found Thursday that it could review an out-of-circuit ruling concerning an Alabama man's asbestos claims against U.S. Navy suppliers that was issued by a Pennsylvania district court handling multidistrict litigation, but ultimately agreed with that court that a bid to invoke maritime law came too late.
A New York federal judge ruled Thursday that London-based reinsurer Equitas Insurance Ltd. must cover a $7.2 million share of a $20 million payment that an AIG unit made toward Dole Food Co.'s settlement of claims over environmental pollution at a housing development in California.
The Sixth Circuit on Thursday shot down a second bid to disqualify an Ohio federal judge from overseeing the opioid multidistrict litigation after CVS Pharmacy Inc. and other national pharmacy chains accused him of blatant bias.
In the first half of the year, the Seventh Circuit determined that federal courts have standing to hear claims over whether defendants violated Illinois' landmark biometric law, the Illinois Supreme Court ruled major paint manufacturers aren't required to pay for lead-related blood testing, and out-of-state plaintiffs got the boot from a product liability class. Here, Law360 takes a look at some of the biggest Illinois decisions so far in 2020.
Fiat Chrysler is urging the Seventh Circuit not to revive a proposed class action alleging its vehicles are easily hacked, saying the trial court was right to dismiss the case because the consumers couldn't show that hacking was anything more than a hypothetical possibility.
U.S. District Judge William Alsup on Thursday ordered Apple to hand over its Federal Communications Commission correspondence to consumers who allege iPhones emit dangerous levels of radiation, after asking Apple during a hearing if it was "afraid" the public would be "horrified" at the information.
The online disposable e-cigarette company Puff Bar illegally sold and delivered flavored tobacco products in Massachusetts despite a retail ban that went into effect in June, the state's attorney general has claimed in a new lawsuit.
Pfizer Inc. must face claims that it failed to properly monitor smoking-cessation drug Chantix for potential side effects like severe muscle disorders, spasms and even death, the New York Supreme Court has ruled.
Starbucks, Dunkin', and other coffee purveyors can use a California regulator's recent finding that chemicals in coffee don't pose a significant cancer risk to defend against allegations they violated the state's Proposition 65 cancer warning requirement, a California judge said Wednesday.
Exxon Mobil Corp. and a who's who of other energy giants urged the U.S. Supreme Court on Wednesday to let a federal district court oversee Baltimore's lawsuit alleging the companies are liable for costs incurred from dealing with climate change.
The Fifth Circuit would not let a Dallas-area doctor and his wife out of their prison sentences of 20 years and 15 years, respectively, for conspiring to distribute more than a million opioid doses in what prosecutors called a pill mill, rejecting their arguments that the clinic was legitimate.
A New Jersey federal judge refused to undo his dismissal of class claims that Whirlpool Corp. and home improvement stores deceptively marketed energy-efficient washing machines, ruling Wednesday that the machines were manufactured before industry standards became stricter.
The U.S. Environmental Protection Agency is failing to collect vital information about asbestos that could help it better understand the hazardous substance's risks and should be forced to do so, California and a coalition of states told a federal court.
A Florida appeals court on Wednesday upheld a $7.25 million verdict for a former smoker against R.J. Reynolds Tobacco Co. in an Engle progeny suit, rejecting the cigarette maker's argument that the ex-smoker had to describe which specific advertisements misled him on the dangers of cigarettes.
A New York federal judge has thrown out claims that Wegmans Food Markets Inc.'s vanilla ice cream is falsely labeled, saying the analysis from the proposed class's expert isn't enough to prove there isn't vanilla in the products.
Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.
One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.
Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.
The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.
Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.
History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.
Specialty Equipment Market Association v. National Highway Traffic Safety Administration may have sped up the agency's delayed rulemaking on replica vehicles, but companies should stay involved by submitting comments before regulations are finalized, say Anne Marie Ellis and Taylor Brown at Buchalter.
As businesses evaluate products claiming to make workplaces safer during the pandemic, or look at marketing such products themselves, they should be aware of the highly regulated world of disease prevention claims if they wish to avoid enforcement and private litigation, say attorneys at Crowell & Moring.
Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.
A recent commitment from the European Union's commissioner for justice to introduce rules for mandatory corporate human rights due diligence next year may signal the arrival of this issue as a global business imperative, making it as fundamental as anti-corruption diligence, say attorneys at Paul Hastings.
Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.
When a court responds to a personal jurisdiction defense with a jurisdictional discovery order, defense lawyers should review what information is already public, draft clear and precise affidavits, and prepare a depository of documents that are only relevant to jurisdictional issues, say attorneys at McGuireWoods.
The U.S. Supreme Court's ruling in Atlantic Richfield v. Christian featured an expansive interpretation of property owners' liability for hazardous substances that come to be located on their land, and will have far-reaching implications for those whose property has been contaminated by offsite sources, say attorneys at Haynes and Boone.