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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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 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.
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.
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.
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.