Product Liability

  • May 17, 2022

    Wendy's, McDonald's Customer Has Beef With Burger Sizes

    Wendy's and McDonald's advertises their burgers as big and juicy and slathered with toppings, but in reality, hungry customers are walking away with puny patties featuring much fewer ingredients, according to a proposed class action filed Monday.

  • May 17, 2022

    Ohio Counties Put On Show In Opioid Damages Trial

    Two Northeast Ohio counties on Tuesday deployed a lawyer known for his folksy trial persona to cross-examine two expert witnesses for three major pharmacy chains that are trying to minimize how much they will have to pay after a jury found them liable for their role in the opioid epidemic.

  • May 17, 2022

    L'Oreal Wants False Ad Suit Over 'Paris' Labels Wiped Out

    Cosmetics giant L'Oreal USA asked a New York federal judge on Monday to nix a proposed class action alleging it falsely advertises its beauty products as being made in Paris, arguing that the brand name "L'Oreal Paris" doesn't indicate a place of manufacture, and only elicits the company's history.

  • May 17, 2022

    The Week In Bankruptcy: Purdue Bonus, PR Pension Appeal

    Two dozen states objected to proposed bonus payments for the CEO of bankrupt drugmaker Purdue Pharma, the First Circuit declined to rehear an appeal over changes made to Puerto Rican teacher pensions as part of the island's restructuring, and Affordable Care Act penalties are taxes in bankruptcy court. This is the week in bankruptcy.

  • May 17, 2022

    TV Buyers Push Back On Vizio's Bid To Ax Defective-TV Suit

    A proposed class of television buyers is asking a California federal court not to throw out their claims that Vizio Inc. and its parent company knowingly sold defective OLED and QLED televisions, saying the complaint establishes the company's knowledge and concealment of the defect.

  • May 17, 2022

    ITG Balks At Reynolds' Bid To Shift Fla. Cig Deal Payments

    ITG Brands LLC and R.J. Reynolds Tobacco Co. pointed fingers at each other in Delaware Chancery Court on Tuesday over which one is responsible for payments to Florida under a 1997 settlement over cigarette advertising.

  • May 17, 2022

    Delta, LA Homeowners Spar Over Jet Fuel Dump Class Claims

    Delta Air Lines Inc. and Los Angeles homeowners sparred in California federal court over whether the plaintiffs can pursue classwide damages by claiming a January 2020 jet fuel dump from a commercial airliner left them with contaminated and devalued properties.

  • May 17, 2022

    Vaping Cos. Say FDA Changed Rules On Flavored Products

    Several e-cigarette companies asked the Eleventh Circuit on Tuesday to reverse the U.S. Food and Drug Administration's denial of their applications to sell flavored tobacco products, arguing that the agency changed the rules during the process and failed to properly consider their applications.

  • May 17, 2022

    Sick Juror Delays Ex-Theranos Exec's Criminal Fraud Trial

    A California federal judge adjourned former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial Tuesday after a juror informed the court he was too sick to report for jury duty, but prosecutors said they still expect to wrap their case-in-chief by the end of the week.

  • May 17, 2022

    Tort Report: Reddit Tries To Stop Revival Of Child Porn Suit

    A Ninth Circuit appeal of a dismissed lawsuit accusing Reddit of profiting from child pornography and a wrongful death suit against TikTok lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 17, 2022

    Hawkins Parnell Adds Ex-Drew Eckl Atty In Atlanta

    Hawkins Parnell & Young LLP has grown its Atlanta presence by adding a former Drew Eckl & Farnham LLP attorney to advise clients in transportation, product liability and other legal matters.

  • May 17, 2022

    4th Circuit Won't Rethink Baltimore Climate Suit Remand

    The Fourth Circuit on Tuesday stood by its decision that Baltimore's suit seeking climate change-related infrastructure damages from fossil fuel companies belongs in state court, rejecting a rehearing bid from Chevron, ExxonMobil and other energy producers.

  • May 17, 2022

    Key Rulings And Cases As COVID Claimed 1M American Lives

    COVID-19's death toll in the U.S. now surpasses 1 million lives, researchers said Tuesday. The fatalities have been a dark backdrop to wide-ranging litigation over failures to protect thousands of older Americans, extraordinary assertions of government power and a historic overhaul of the nation's health insurance system.

  • May 17, 2022

    Parents Say Apple AirPods' Volume Ruptured Son's Eardrum

    Parents of a teenage boy in Texas are suing Apple Inc. and the manufacturer of its AirPod earbuds in California federal court, saying the boy suffered permanent hearing loss when an Amber Alert came through on his phone and the loud sound "ripped open" his eardrum.

  • May 16, 2022

    Doctors' Opioid Data Kept From Walgreens Stores, Judge Told

    Walgreens tracked the prescription habits of doctors but didn't make the database available to stores because it might "cloud" the judgment of a pharmacist filling a prescription, a judge heard in recorded testimony Monday in a bellwether trial over claims that Walgreens and others illegally fueled San Francisco's opioid epidemic.

  • May 16, 2022

    Abbott, FDA Reach Agreement To Reopen Infant Formula Plant

    Abbott has reached an agreement with the U.S. Food and Drug Administration that paves the way for the company to reopen its infant formula plant in Michigan, which has been closed while regulators investigate potential links between Abbott's formula and a bacterial infection that made some babies sick earlier this year.

  • May 16, 2022

    Counties Bungled $875M Ask After Opioid Trial, Judge Told

    A Stanford University professor told a judge Monday that three pharmacy chains should pay a small fraction of the roughly $875 million that two Northeast Ohio counties seek for the role a jury found the pharmacies played in the opioid crisis, arguing that the plaintiffs' experts botched some calculations.

  • May 16, 2022

    High Court Won't Hear 3M's Appeal In Surgical Blanket Case

    The U.S. Supreme Court on Monday declined to hear an appeal from 3M Co. in a suit alleging that its surgical blankets cause infections, allowing an Eighth Circuit ruling permitting expert testimony in the case to stand.

  • May 16, 2022

    Owens-Illinois Asbestos Unit Gets Nod On $610M Ch. 11 Plan

    The Chapter 11 plan of a bankrupt Owens-Illinois unit received approval Monday in Delaware bankruptcy court, making $610 million available for the thousands of people with claims for asbestos injuries allegedly caused by asbestos pipe-covering products made by Owens-Illinois more than 50 years ago.

  • May 16, 2022

    Plains Agrees To Pay $230M For 2015 Calif. Oil Spill

    Plains All American Pipeline LP has agreed to pay $230 million to put to bed allegations it caused damage to California property owners and fishers during an oil spill seven years ago.

  • May 16, 2022

    Insys Founder Says Looming Opioid Ruling Boosts Appeal

    The founder of Insys Therapeutics Inc. told the U.S. Supreme Court that a pending high court ruling could undo his conviction for orchestrating a scheme to bribe doctors to prescribe a powerful opioid spray.

  • May 13, 2022

    Walgreens Deal Spurred Quick Theranos Investment, Jury Told

    A Black Diamond Venture executive testified in ex-Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial Wednesday that he moved quickly under a Theranos-imposed deadline to invest an additional $5.4 million in the blood-testing company in 2013, working Christmas Eve and Day, in part because of the Theranos-Walgreens partnership that Balwani spearheaded.

  • May 13, 2022

    Pharmaceutical Co. Sued Over Recalled Thyroid Medication

    Acella Pharmaceuticals is facing down a proposed class action in Georgia federal court over its recalled thyroid medication, which plaintiffs claim was released untested and caused them harm.

  • May 13, 2022

    States Say Purdue CEO Should Answer For Opioid Crisis Role

    A group of state attorneys general have once again objected to proposed bonus payments for Purdue Pharma LP's CEO, telling a New York bankruptcy judge that he was a part of the corporate culture that led to the national opioid crisis.

  • May 13, 2022

    Claimant Info To Stay Hidden In Honeywell Asbestos Fight

    A Pennsylvania bankruptcy judge ordered information that can identify claimants of the asbestos trust in the Chapter 11 case of a Honeywell unit to be redacted through an upcoming trial over Honeywell's claims the trust is being mismanaged.

Expert Analysis

  • 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.

  • Finding Uninjured Consumers In Drug Antitrust Class Actions

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    In recent pharmaceutical antitrust class actions with highly aggregated economic models reliant on the use of averages, the presence of uninjured class members can be hard to discern, but careful analysis can identify them — and can ultimately lead to decertification of the class, say George Korenko and Tram Nguyen at Edgeworth Economics.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • Opinion

    Courts Must Tackle Lack Of Diversity In Class Counsel

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    When federal courts appoint lead lawyers in federal class actions, the counsel chosen are almost always white and male — but if courts adopt a broader view of what kind of experience is relevant for class counsel appointments, the class action bar can be diversified, says Alissa Del Riego at Podhurst Orseck.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • Improving Defense Case Stories In An Age Of Misinformation

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    If defense lawyers reflect on how COVID-19 misinformation permeated public discourse, they will find courtroom lessons on telling a complete, consistent and credible story that prevents jurors from filling in the blanks themselves, says David Metz​ at IMS.

  • Opinion

    Clients' Diversity Mandates For Law Firms Are Necessary

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    Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

  • 5 Questions That Can Help Law Firms Win RFPs

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    As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

  • A Guide To Nonverbal Cues As In-Person Jury Trials Resume

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    As attorneys face the prospect of trying cases in person after a two-year hiatus, they need to remember common fallacies jurors hold about detecting lies from witnesses’ body language — and lawyers must educate witnesses about demeanor that hurts credibility, says Jeff Dougherty at Litigation IQ.

  • How Law Firms Can Employ More Veterans

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    Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

  • MORE Act's Possible Impact On State-Licensed Cannabis Cos.

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    The Marijuana Opportunity Reinvestment and Expungement Act, recently passed in the U.S. House of Representatives, would dramatically alter the federal legal landscape for state-licensed cannabis businesses in both positive and negative ways — from opening new marketing avenues to compounding tax burdens, say attorneys at the Law Offices of Omar Figueroa​​​​​​​.

  • Associates, Look Beyond Money In Assessing Lateral Offers

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    In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

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