Product Liability

  • February 03, 2023

    USDA Floats New Limits On Sodium, Sugar In School Meals

    The U.S. Department of Agriculture on Friday unveiled proposed updated nutrition guidelines for school lunches, in particular suggesting new limits on salt and added sugars and emphasizing whole grain products.

  • February 03, 2023

    Vets With Hearing Loss Seek Dismissal Of 3M Bankruptcy

    Soldiers who say they lost hearing due to faulty 3M earplugs urged an Indiana judge to throw out a 3M subsidiary's bankruptcy case, saying the filing was as unwarranted as a Johnson & Johnson unit's doomed bid for bankruptcy protections.

  • February 03, 2023

    Opioids Ravaged Ga. Family, Jury Told In Distributor Case

    A Georgia fire captain took the stand Friday as the first plaintiff to testify in a private opioid trial against major drug distributors, telling jurors the drugs exacted a heavy toll on his relatives and their relationships.

  • February 03, 2023

    NJ Transit, County Face Class Action Over Flooding From Ida

    New Jersey Transit and a county public works department are liable for damage to dozens of homes and businesses due to open flood control gates and a train that frustrated mitigation efforts when it became disabled in the rising waters, a putative class action filed in state court alleges.

  • February 03, 2023

    Sig Sauer Wants Defective Pistols Lawsuit Broken Up

    Firearms manufacturer Sig Sauer Inc. has urged a New Hampshire federal court to break apart a lawsuit brought by 20 law enforcement officers that alleges that one of its pistols will unexpectedly fire without warning, saying claims should be sent to different state jurisdictions.

  • February 03, 2023

    Philip Morris Says Baltimore Litter Rules Usurp Federal Law

    Philip Morris USA Inc. says a suit from the city of Baltimore for allegedly creating a public nuisance by using non-biodegradable filters that are frequently littered should be moved to the District of Maryland because it seeks to usurp federal law regarding cigarette manufacturing and marketing, a Friday notice of removal shows.

  • February 03, 2023

    Food Co. Pleads Guilty, Agrees To Pay $19.2M Over Outbreak

    A food ingredient company pled guilty to making breakfast cereal under unsanitary conditions at an Illinois plant connected to a 2018 salmonella outbreak involving Kellogg's Honey Smacks, and agreed to a record $19.2 million fine, the U.S Department of Justice announced Friday.  

  • February 03, 2023

    2 Texas Energy Cos. Win $42M Verdict Over Well Seepage

    A Texas state jury has awarded nearly $42 million to two oil and gas producers in their lawsuit against fossil fuel giant Energy Transfer Co. after finding that it allowed poisonous, corrosive and flammable chemicals to seep from a containment well into their land, hindering its use.

  • February 03, 2023

    Tort Report: Live Nation Can't Exit $60M Suit In Rapper's Death

    A ruling that Live Nation must face a suit over a rapper's backstage stabbing death at a 2021 concert in California and the Sixth Circuit's remand of a coronavirus death suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • February 03, 2023

    Boeing Toxic Air Cabin Suit To Stay in Illinois

    Boeing can't transfer a former flight attendant's suit over the company's alleged failure to research and address a toxic cabin air issue it has known about for decades, according to an Illinois appellate panel opinion Friday, saying the company failed to provide real proof of inconvenience.

  • February 03, 2023

    Girardi Thefts A Tough Lift For Client Restitution Funds

    In recent years, the legal business has seen some ambitious liars, grifters and embezzlers — and the ripped-off victims left in their wake. But the scale of Los Angeles lawyer Thomas Girardi's alleged theft promises to surpass the financial limitations of client restitution funds.

  • February 03, 2023

    Pure Body Naturals Not Really Natural, Suit Says

    Pure Body Naturals was hit with a suit Friday accusing the beauty company of falsely labeling its products as all natural when they actually include synthetic ingredients.

  • February 02, 2023

    5th Circ. Strikes Down Domestic Violence Firearms Prohibition

    The Fifth Circuit on Thursday struck down a law banning individuals subject to domestic violence restraining orders from owning firearms, ruling that the decades-old statute is unconstitutional under a recent U.S. Supreme Court order that significantly expanded the scope of the Second Amendment.

  • February 02, 2023

    Boeing Rebuts Claims That DOJ 737 Max Deal Is A 'Charade'

    Boeing on Thursday rebutted accusations from victims' families that it disingenuously accepted responsibility for two 737 Max crashes to score a favorable government deal shielding it from criminal prosecution only to then deny it defrauded safety regulators during a public arraignment in Texas federal court last week.

  • February 02, 2023

    Milk Co-Op Says Evidence Will 'Poison' Jury In Ritz Brand Suit

    A Minnesota cheese cooperative on Thursday asked an Illinois federal judge to bar evidence that food company Mondelez International wants to present in an upcoming trial over a Ritz cracker recall that cost Mondelez $25 million, calling the proposed evidence a "Trojan Horse" that would only serve to "confuse and poison the jury."

  • February 02, 2023

    Moms Slam Dismissal Bid In Toxic Baby Food Class Action

    The parents who accused the Kroger Co. and its subsidiaries of selling them baby food laced with toxic heavy metals told an Ohio federal judge that the grocer's bid to toss their proposed class action was premature in parts and flatly wrong in others.

  • February 02, 2023

    11th Circ. Affirms Injured Pelvic Mesh Patient's Trial Win

    The Eleventh Circuit on Thursday affirmed a jury verdict in favor of a woman who sued Boston Scientific Corp. and Coloplast Corp. alleging pelvic mesh caused her injuries, saying the jury's decision was based on sufficient evidence.

  • February 02, 2023

    Chrysler Buyers In Fire-Risk MDL Look To Add New Claims

    Drivers who are suing Fiat Chrysler over claims that its hybrid Pacifica minivans explode without warning due to an unknown problem in its propulsion system now claim the same cars spontaneously shut down while moving, and they are asking a Michigan federal court to expand claims in the ongoing multidistrict litigation.

  • February 02, 2023

    DC Circ. Doubts Bank Can Be Sued For '98 Embassy Attacks

    A D.C. Circuit panel expressed doubt on Thursday that a group of more than 550 victims of two simultaneous 1998 al-Qaida bombings of U.S. embassies in Africa could revive secondary liability claims against French bank BNP Paribas SA for allegedly helping to bankroll the terrorist attacks.

  • February 02, 2023

    Google Wants Audio Device Privacy Suit Arbitrated

    Google asked a California federal judge to send to arbitration a "significant portion" of a privacy class action by consumers alleging its Google Assistant-enabled devices recorded their conversations, arguing a large portion of class members agreed to mandatory arbitration agreements either when prompted during device setup or device purchase.

  • February 02, 2023

    Farm Takes Clean Water Act Citizen Suit To High Court

    A South Carolina farm being sued for allegedly failing to get needed stormwater permits has asked the U.S. Supreme Court to review the Fourth Circuit's decision to greenlight environmentalists' Clean Water Act citizen enforcement provision lawsuit.

  • February 02, 2023

    3M Unit Bankruptcy Is A Smokescreen, 7th Circ. Told

    Various groups, including veterans organizations and law professors, told the Seventh Circuit that 3M is using Aearo Technologies LLC's bankruptcy process as a smokescreen to evade multidistrict litigation over claims that its defective combat earplugs damaged service members' hearing.

  • February 02, 2023

    Girardi Indictment Sparks Joy, Frustration, Disbelief

    Before the sun rose Thursday in Jakarta, Indonesia, Bias Ramadhan woke up and scanned his emails to find news he thought would never come: Thomas Girardi, the American lawyer who allegedly stole from his family's settlement, had been indicted.

  • February 02, 2023

    GrayRobinson Continues Hiring Spree With New Food Atty

    Florida law firm GrayRobinson PA has hired a food and beverage attorney to help clients comply with food laws and regulations in an addition to the firm's regulated products section.

  • February 02, 2023

    WaterWipes Sued Over '100% Biodegradable' Labeling Claims

    An Illinois woman is suing WaterWipes USA Inc. in federal court, alleging that it misleads consumers by labeling its products as "100% Biodegradable," because they typically end up either sitting in landfills or sent to incinerators, and don't break down as quickly as advertised.

Expert Analysis

  • Pending FDA Cosmetics Review Allows Class Action Defense

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    The recently signed Modernization of Cosmetics Regulation Act directs the U.S. Food and Drug Administration to assess the use and safety of so-called forever chemicals in cosmetic products, and offers manufacturers the primary jurisdiction doctrine as a strong defense until the FDA completes its review, say attorneys at Patterson Belknap.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • What 2023 Has In Store For The Cannabis Industry

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    The U.S. cannabis industry may be affected by a variety of issues this year, including congressional reforms, new state legal markets coming online, regulatory action on hemp and CBD, drug rescheduling, and the looming threat of recession, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • Strategies For Cos. Navigating NY Digital Fair Repair Act

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    New York's recently enacted Digital Fair Repair Act requires original equipment manufacturers for electronic devices to provide diagnostic and repair information to both consumers and independent repair shops, so companies should prepare strategies to overcome compliance challenges regarding copyright and end user license agreements, say attorneys at Carter Ledyard.

  • Cannabis Cos. Must Brace For More Mislabeling Class Actions

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    In the face of increasing consumer class actions alleging that labels and advertisements misstate products' THC content, cannabis companies must prepare for direct and collateral legal risks as well as potential damage to the industry's credibility as a whole, say Cassandra Beckman Widay and Amy Rubenstein at Dentons.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • Outside, In-House Attys Can Collab On Opening Statement

    Excerpt from Practical Guidance
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    To properly set the stage from the outset of a trial, outside counsel should work with their corporate clients’ in-house legal teams when preparing opening statements that establish accurate and effective trial themes, says Megan Cesare-Eastman at AirBnB, and Victoria Weatherford and Tara Turner at BakerHostetler.

  • Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

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    The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

  • And Now A Word From The Panel: 2022 MDLs By The Numbers

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    A highlight of the Judicial Panel on Multidistrict Litigation's practice during 2022 was the significant percentage increase of new MDL petitions granted — and given how many actions and plaintiffs may be involved in a single MDL, the true impact of this increase may be even greater than it appears, says Alan Rothman at Sidley.

  • Minimizing Landlord Exposure To NY's Gray Cannabis Market

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    As New York rolls out its legal adult-use cannabis regime, landlords renting to as-yet unlicensed cannabis establishments may face liability under two statutes — but a few commonsense steps can help protect them from this risk, say attorneys at Carter Ledyard.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • MoCRA: 6 Key Takeaways From The New Cosmetics Law

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    Cosmetics companies must quickly familiarize themselves with the major provisions of the new Modernization of Cosmetics Regulation Act — the biggest regulatory update for the industry since 1938 — including implementation timelines, more standardized regulatory frameworks and accommodations for small businesses, say attorneys at Covington.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

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