Product Liability

  • May 17, 2021

    High Court Inches Toward Resolving Climate Suits

    The U.S. Supreme Court handed Big Oil an important procedural win Monday in its fight against climate change lawsuits brought by state and local governments, but a definitive resolution of the litigation remains a long way off.

  • May 17, 2021

    Law360's Tort Report: Suit Over Chris Cornell's Suicide Settles

    The settlement of a suit over the lead singer of Soundgarden's death and the passage of legislation giving Missouri businesses a coronavirus liability shield lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 17, 2021

    Apple Can't Break Up Class Suing Over Refurbished IPhones

    Apple cannot reverse the certification of a consumer class accusing the tech giant of failing to honor iPhone warranties, a California federal judge has ruled, saying Apple is just rehashing old arguments.

  • May 17, 2021

    Novartis Can't Claw Back Atty Email In Terbutaline Drug Suit

    An email by a Novartis attorney inadvertently presented in litigation over the drug terbutaline should be unsealed, as the pharmaceutical company subsequently failed to do enough to protect and preserve its privileged status, a California state appeals court has determined.

  • May 17, 2021

    Imerys Seeks Permission To Pursue Ch. 11 Acquisitions

    Talc supplier Imerys Talc America asked a Delaware bankruptcy judge for permission to enact its plans to buy up small operating businesses to help generate revenue for its claimants, including authorization to move quickly in putting down cash deposits without further court approval.

  • May 17, 2021

    FTC Continues Crackdown On CBD Sellers' Cure-All Claims

    The Federal Trade Commission said Monday that Arizona-based CBD company Kushly and its owner will pay $30,000 in consumer redress after an investigation revealed their deceptive marketing practices and unsubstantiated claims that CBD products could help treat Parkinson's disease, Alzheimer's disease, cancer, multiple sclerosis, hypertension and other serious ailments.

  • May 17, 2021

    High Court Won't Hear $70M Risperdal Verdict Challenge

    The U.S. Supreme Court won't review a $70 million verdict against a Johnson & Johnson unit for a Pennsylvania man who grew enlarged breasts from taking Risperdal, the court said Monday.

  • May 17, 2021

    Justices Say 4th Circ. Review In Climate Suit Was Too Narrow

    The U.S. Supreme Court on Monday nixed the Fourth Circuit's decision to send Baltimore's climate change tort against Chevron Corp., ExxonMobil Corp. and other energy giants to state court, but avoided answering a broader question of which courtroom such lawsuits actually belong in.

  • May 14, 2021

    9th Circ. Won't Wipe Out $25M Roundup Verdict

    The Ninth Circuit dealt a setback to Monsanto on Friday when a panel upheld a $25 million judgment in the first bellwether trial in multidistrict litigation over claims that the company's Roundup weedkiller causes cancer, saying failure-to-warn claims are not blocked by federal law.

  • May 14, 2021

    'Inconsistent' CWA Claim Axed From NM's Gold King Mine Suit

    A New Mexico federal judge ruled that not enough discovery was conducted for the state to lodge its "inconsistent" Clean Water Act claim against the U.S. Environmental Protection Agency related to the 2015 Gold King Mine wastewater spill.

  • May 14, 2021

    9th Circ. Says EPA Must Revisit Lead-Related Standards

    A divided Ninth Circuit said Friday the U.S. Environmental Protection Agency improperly set a lead dust hazard standard that would still harm human health and castigated the federal government for its "lengthy, not very hopeful, saga" of combating lead paint's dangers.

  • May 14, 2021

    EPA Wants Do-Over On Methylene Chloride Risk Evaluation

    The U.S. Environmental Protection Agency on Thursday asked the Ninth Circuit for permission to review its final risk evaluation for methylene chloride, saying it needs to reexamine findings that some uses don't pose unreasonable risks to human health and the environment.

  • May 14, 2021

    Lockheed Martin Can't Escape Fla. Contamination Suit

    A Florida federal judge will allow Orlando-area residents to proceed with most of a proposed class action alleging that Lockheed Martin Corp. fumbled the handling of toxic chemicals at a facility near their homes, deciding the allegations are not just "flash over substance."

  • May 14, 2021

    Hain Baby Food Heavy Metal Suits Consolidated

    A New York federal judge has consolidated several lawsuits alleging that Hain Celestial Group Inc.'s baby foods contain toxic heavy metals and it hid this from consumers, while excising similar claims against Gerber Products Co. from consolidation.

  • May 13, 2021

    Whistleblower Will Be Deposed In Saint-Gobain PFOA Case

    A Vermont federal judge said Thursday a former Saint-Gobain in-house attorney who alleges the company did not disclose information about its use of perfluorooctanoic acid, or PFOA, can be deposed in a class action over alleged PFOA contamination by the company.

  • May 13, 2021

    Indivior Wants Ex-Worker's Retaliation Claims Thrown Out

    Pharmaceutical manufacturer Indivior said that a former employee's False Claims Act retaliation claims should be axed, calling her case "the latest in a long line of attempts … to cash in on her departure."

  • May 13, 2021

    Groups Tell 11th Circ. To Flip Roundup Cancer Link Ruling

    A collection of farmworkers' groups and a consumer rights group on Thursday asked the Eleventh Circuit to overturn a ruling that federal law bars a failure-to-warn claim by a man who said that Monsanto's Roundup caused his cancer.

  • May 13, 2021

    EPA Watchdog Says Enforcement Decline Increases Risks

    The decline in U.S. Environmental Protection Agency enforcement actions may expose the public and the environment to unchecked and harmful pollution, the EPA's internal watchdog said in a report Thursday.

  • May 13, 2021

    4th Circ. Undoes $2.75M Ford Air Bag Wrongful Death Verdict

    The Fourth Circuit on Thursday vacated a $2.75 million judgment against Ford Motor Co. in a wrongful death suit alleging that a defective air bag exacerbated a driver's injuries and led to his suicide more than a year later, finding the trial court had misapplied South Carolina law in the trial.

  • May 13, 2021

    LG Exploding Battery Suits Find Likely Path Forward In Ga.

    The U.S. Supreme Court's recent rejection of strict limits on where Ford can be sued in product defect cases and rulings from Georgia state and federal judges appear to be channeling litigation over an LG unit's allegedly exploding lithium-ion batteries into Georgia state courts.

  • May 13, 2021

    San Juan Pilots Group Wants Out Of $9M Port Crash Suit

    A Puerto Rico pilots group is asking to be set free from a suit in the island's federal court stemming from the February 2019 crash of a Norwegian Cruise Line ship that caused $9 million in damage to a port in San Juan, saying it cannot be held liable for the actions of one of its members.

  • May 13, 2021

    Pro Hac Trouble For Dallas Firm Triggers Wave Of Withdrawals

    The revelation that a Texas plaintiff lawyer made a faulty disclosure to an Iowa court on an out-of-state practice application has triggered a wave of withdrawals by her and other Dean Omar Branham Shirley LLP lawyers.

  • May 12, 2021

    Attys 'Wasting Time' In Sluggish Opioid Trial: Calif. Judge

    A bummed-out California judge on Wednesday lambasted loquacious lawyers for handling the nation's second opioid crisis trial at a decidedly West Coast clip, declaring that they've been "wasting time" with irrelevant inquiries during four weeks of increasingly tedious testimony.

  • May 12, 2021

    7th Circ. Denies Rehearing Of Lead Paint Award Reversal

    The full Seventh Circuit won't reconsider its reversal of a $6 million verdict against The Sherwin-Williams Co. and two other paint makers over claims that they sold lead-based paint that caused brain damage to three men as youths.

  • May 12, 2021

    Ad Agency Wants To Revive Beef With NRA After Ch. 11 Toss

    The National Rifle Association's former advertising agency asked a Texas federal court on Wednesday to lift a stay on its defamation counterclaim against the group, lodging the request one day after a Texas bankruptcy judge tossed the NRA's Chapter 11 case.

Expert Analysis

  • EU Medical Device Regulation May Spur Litigation Uptick

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    By bringing European Union medical device standards into closer alignment with those of the U.S., a new EU regulation may increase product liability claims against device manufacturers based on ad hoc data that may not have the benefit of regulatory verification, say attorneys at DLA Piper.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • What Cos. Must Know About New Sesame Allergen Labeling

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    To ensure compliance with the FASTER Act, a new federal law designating sesame as a major food allergen, companies should assess food product labeling and food manufacturing practices, and keep comprehensive documentation of their sesame-related controls and procedures, say attorneys at Covington & Burling.

  • Challenging Class Cert. When Plaintiffs Missed 'False' Ad

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    False advertising class action plaintiffs often target language from a defendant's marketing materials or product label — but a defendant may be able to challenge class certification with evidence that many class members did not see the statement in question, say Michael Schwartz and Maren Messing at Patterson Belknap.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • The Biden Administration Is Sharpening The TSCA's Sword

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    The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • W.Va. Consumer Law Changes Offer Help For Finance Cos.

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    New amendments to the West Virginia Consumer Credit and Protection Act will help businesses in the state, particularly in the financial services industry, by better defining the process for presuit notice and opportunity to cure, and by making it easier to recover attorney fees, say Andrew Narod and Jared Searls at Bradley Arant.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • The Purposeful Availment Test After Ford

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    The U.S. Supreme Court's recent Ford Motor Co. v. Montana Eighth Judicial District Court decision held that some companies may face specific jurisdiction in any forum where a product-related injury occurs — but companies that did not purposefully avail themselves of the forum state's laws will likely have a stronger defense, say Kathleen Carrington and Derek Rajavuori at Butler Snow.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • What NYC Climate Case Dismissal Means For Baltimore Suit

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    The Second Circuit's recent thumbs-down to New York City's climate change lawsuit puts even more pressure on the U.S. Supreme Court to address federal preemption in climate litigation when it decides BP v. Baltimore this year, says Scott Press at Goldberg Segalla.

  • Opinion

    Fla. Amendment Should Make Courts More Insurer-Friendly

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    Effective May 1, a seemingly innocuous amendment by Florida's Republican-appointed Supreme Court, aligning the state summary judgment standard with that of federal courts, should make state courts much more hospitable to defendant insurers, says Charles Lemley at Wiley.

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