Product Liability

  • June 12, 2024

    BREAKING: Biden Names Picks For Minn., Calif. And Pa. District Courts

    President Joe Biden announced nominees Wednesday for district courts in Minnesota, California and Pennsylvania.

  • June 11, 2024

    Tyco's $750M PFAS Deal In Foam Co. MDL Gets Initial OK

    A South Carolina federal judge gave his blessing Tuesday to the $750 million settlement Johnson Controls International PLC subsidiary Tyco Fire Products LP entered to resolve public water systems' federal claims that some forever chemicals they detected in their supplies came from firefighting foam it made.

  • June 11, 2024

    9th Circ. Judge On Theranos Appeal: 'Good Story' For Holmes

    Two Ninth Circuit judges on a three-judge panel expressed concerns Tuesday that the district judge presiding over convicted former Theranos CEO Elizabeth Holmes' criminal trial erred by allowing a layperson witness to offer expert testimony at trial, with one judge saying, "There's a pretty good story here for Ms. Holmes."

  • June 11, 2024

    Cannabis Co. Sued Over Veteran's Psychotic Episode

    A U.S. Navy veteran says a psychotic episode he experienced after smoking cannabis led to him shooting his girlfriend and two dogs.

  • June 11, 2024

    Ore. County Climate Suit Sent To State Court

    An Oregon federal judge sent Multnomah County's climate change lawsuit against Chevron, Exxon Mobil Corp. and other fossil fuel companies back to state court, adopting a magistrate judge's findings rejecting arguments the complaint was fraudulently crafted to evade federal jurisdiction.

  • June 11, 2024

    Smoking Habit Can't Nix Retired Miner's Black Lung Benefits

    The Seventh Circuit on Monday backed a review board's decision to uphold black lung benefits for a retired coal worker who smoked cigarettes through his entire career in the mines, saying it wouldn't second-guess medical findings made at the administrative level.

  • June 11, 2024

    NJ Supreme Court Rejects Bid For Roundup Mass Tort

    The New Jersey Supreme Court has rejected a request for litigation against Monsanto Co. and Bayer AG to be designated as multicounty litigation because there are too few cases, according to a notice to the bar published Monday.

  • June 11, 2024

    Watchdog Says EPA's Lead Exposure Notice Program Lagging

    The U.S. Environmental Protection Agency is not on track to roll out a public warning system for exposure to lead in drinking water by an October deadline, the EPA's internal watchdog said in a new report.

  • June 11, 2024

    Cigar Co. Can Keep Using Contested 'Dragon' Name For Now

    A tobacco company facing a rival's copyright infringement lawsuit over its "Year of the Dragon" cigar boxes can keep using the phrase on products, a Florida federal judge ruled, declining to say the plaintiff is the true owner of the phrase because the company hasn't secured the trademark just yet.

  • June 11, 2024

    Greenberg Traurig Adds Environmental Team From Steptoe

    Greenberg Traurig LLP has bolstered its environmental practice with the addition of a shareholder and two assistant directors from Steptoe LLP at its Washington, D.C., office.

  • June 11, 2024

    JPML Consolidates GM, LexisNexis Driving Data Suits In Ga.

    Drivers claiming that their auto insurance rates increased after General Motors and its OnStar unit collected driving data without consent and shared the information with LexisNexis Risk Solutions will have their suits consolidated in Georgia federal court, the Judicial Panel on Multidistrict Litigation ruled.

  • June 11, 2024

    J&J Inks $700M Deal To End AGs' Talc Marketing Suits

    Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.

  • June 11, 2024

    FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine

    The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.

  • June 10, 2024

    ATF Says States Lack Standing In Suit Over Gun Show Rule

    The Bureau of Alcohol, Tobacco, Firearms and Explosives told a federal judge in Texas that a coalition of Republican-led attorney generals could not prove how a rule closing the so-called gun show loophole harmed the states.

  • June 10, 2024

    Calif. Targets Oil Giants' Profits In Amended Climate Suit

    California Attorney General Rob Bonta on Monday tweaked the state's climate deception suit against Exxon Mobil Corp., Shell, Chevron, ConocoPhillips and BP to also target the oil and gas companies' "illegally obtained" profits under a recently enacted state law.

  • June 10, 2024

    Navy Liable In 'Take-Home' Asbestos Death, Trial Judge Told

    The U.S. Navy can't avoid a $12 million wrongful death suit by arguing asbestos safeguards were only advisory at a Washington state shipyard in the 1970s, counsel to the family of a service member's deceased spouse said Monday at the start of a bench trial.

  • June 10, 2024

    Coca-Cola Beats False Ad Claims Of PFAS In Juice, For Now

    Coca-Cola defeated, for now, a proposed false advertising class action alleging its line of Simply Tropical fruit juice contains "forever chemicals," when a New York federal judge said Monday the customer lacks standing because his complaint relies on a single allegation of testing without linking the test result to his purchase.

  • June 10, 2024

    DOJ, FDA Form Task Force To Crack Down On Illegal E-Cigs

    The U.S. Department of Justice and the U.S. Food and Drug Administration on Monday said that a federal multi-agency task force has been founded to stop illegal sales of e-cigarettes.

  • June 10, 2024

    Ill. Judge Hangs Gain False Labeling Claims Out To Dry

    An Illinois consumer who washes clothes with Gain detergent cannot pursue fraud claims targeting a bottle's purported load capacity because she hasn't shown that reasonable customers believe the label refers to large rather than medium loads, a federal judge said Monday.

  • June 10, 2024

    NY Lawmakers Pass Kids Social Media Addiction Bill

    New York lawmakers have passed a bill that will rein in social media algorithms from delivering addictive content to minors and sent it to Gov. Kathy Hochul's desk for approval, which is widely expected.

  • June 10, 2024

    Baltimore Lands $45M Deal With Allergan In Opioid Litigation

    Baltimore has put to rest its claims that Allergan played a part in the opioid crisis, reaching a $45 million settlement with the pharmaceutical company, an amount the city called "unprecedented" in an announcement on Monday.

  • June 10, 2024

    Triumph Motorcycles Hit With Complaint Over Defective Brakes

    An Iowa resident has accused a Georgia-based motorcycle company of putting defective brakes on a bike that caused him to sustain permanent brain injuries after he was unexpectedly thrown from the vehicle, in a complaint filed in North Carolina federal court.

  • June 10, 2024

    Emory Settles With Student Accused Of Cheating With AI Tool

    Emory University has reached a settlement with a student who received a $10,000 prize for developing an artificially intelligent study program before being suspended when the school decided the program violated its academic honor code, according to court filings Monday.

  • June 10, 2024

    Split 4th Circ. Tosses Suit Over 'Forever Chemicals' In NC

    The Fourth Circuit ruled Monday that environmental groups couldn't challenge in district court the U.S. Environmental Protection Agency's selection of particular so-called forever chemicals for testing after the agency agreed, at the groups' request, to research the chemicals' effects in North Carolina.

  • June 10, 2024

    Judge Orders Site Worker To Film Drone Video In Cancer MDL

    A state judge said Monday that additional drone video of cleanup efforts at a contaminated rail yard sought by Houston residents living near the site must be taken by a Union Pacific Railroad Co. employee following a dispute over allegedly improper drone videos filmed over the site last month.

Expert Analysis

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • How Cannabis Rescheduling May Alter Paraphernalia Imports

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    The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • How Federal And State Microfiber Pollution Policy Is Evolving

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    Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 10 Tips To Build Trust With Your Witness During Trial Prep

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    Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead

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    The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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