Product Liability

  • March 08, 2024

    Consumers Fight Dismissal Bids In Microsoft And OpenAI Suit

    Consumers who say their privacy was violated by Microsoft Corp. and OpenAI LP's products are urging California federal court not to dismiss their complaint, saying it clearly and in detail lays out the basis for their allegations.

  • March 08, 2024

    Feds, Tribes Say Marine Cos., DOT Polluted Duwamish River

    Two companies and Washington's transportation department would collectively pay about $275,000 to settle claims they polluted the Lower Duwamish River and Elliott Bay in Seattle under a proposed consent decree filed by the U.S. government, the Suquamish Indian Tribe of the Port Madison Reservation, the Muckleshoot Indian Tribe and Washington state.

  • March 08, 2024

    League Of Legends Maker Facing $1B Suit Over FTX Promos

    League of Legends video-game maker Riot Games has been hit with a potential billion-dollar class action accusing the company of fraud and conspiracy for its alleged role in helping deceive investors of the collapsed FTX cryptocurrency exchange platform.

  • March 08, 2024

    Mass. Justices OK Town's 'Clever' Gradual Tobacco Ban

    A Massachusetts town's admittedly novel bylaw phasing out the sale of tobacco by prohibiting sales to anyone born in this century could become a model for other local communities after the regulation withstood a legal challenge by a group of retailers at the state's highest court Friday.

  • March 08, 2024

    $2M Unilever Suave Deodorant Settlement Gets First OK

    An Illinois federal judge has given the go-ahead to a $2 million settlement to end a class action's claims that Unilever United States Inc. sold Suave antiperspirant products with dangerous amounts of benzene.

  • March 08, 2024

    CSX's Georgia Backroads Bridge Caused Crash, Suit Says

    Railway giant CSX was hit with a lawsuit in Georgia federal court Thursday alleging that lax upkeep of a backroads bridge led to a woman's car crash.

  • March 08, 2024

    Justices Urged To Review Immunity Law In Snapchat Abuse Suit

    A man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15 is asking the U.S. Supreme Court to review a Fifth Circuit decision dismissing his claims, saying it's an ideal vehicle for the justices to fix an overbroad interpretation of Section 230 of the Communications Decency Act.

  • March 07, 2024

    Tesla Can Force Individual Arbitration In EV Mileage Fight

    A California federal judge on Thursday ruled that Tesla can force individual arbitration in two proposed class actions alleging the carmaker falsely advertised inflated mileage ranges for its electric vehicles, but stayed the suit in case an arbitrator determines that certain relief is barred under Tesla's arbitration agreement.

  • March 07, 2024

    Petition Watch: Student Athletes, Oil Spills & Preemption

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.

  • March 07, 2024

    DC Circ. Mulls Groundwater In Coal Ash Closure Fight

    A D.C. Circuit panel on Thursday seemed wary of an energy industry coalition's claim that the U.S. Environmental Protection Agency illegally strengthened regulations to clean up coal ash waste impoundments by stretching regulatory definitions to cover facilities in contact with groundwater.

  • March 07, 2024

    'Hatchet Wielding' Killer Has No Part In Netflix Suit, Court Told

    A Kentucky man who accused Netflix of wrongfully using his image in a true-crime documentary titled "The Hatchet Wielding Hitchhiker" has asked a Texas federal judge to keep the real hatchet-wielding hitchhiker out of his lawsuit, saying the convicted murderer has nothing to do with his litigation against the streaming giant.

  • March 07, 2024

    Feds Look To Douse $48M Washington Ranch Wildfire Claim

    The federal government wants a Washington ranch's $48 million negligence suit alleging that the Bureau of Indian Affairs is liable for damages from a 2020 forest fire dismissed, saying that the plaintiff cannot argue that a smoldering pile of leaves and ash warrant jurisdiction under the Federal Tort Claims Act.

  • March 07, 2024

    Asbestos Claimants Refuel Bid To Chuck Bestwall Ch. 11

    Mesothelioma victims seeking recompense for asbestos exposure are taking another stab at throwing out the bankruptcy case of Georgia-Pacific unit Bestwall LLC, telling a North Carolina federal judge that the papermaker has abused the bankruptcy process to shield itself from liability.

  • March 07, 2024

    Sens. Tell Stores To Get Illegal E-Cigs Off Their Shelves

    Five U.S. senators on Thursday told the heads of major convenience store and gas station chains to stop sales of unauthorized flavored e-cigarette products, saying that their illegal sales pose a major threat to public health, especially children's.

  • March 07, 2024

    Dog Owner, Co. Can't Drop Claim From Pet Food Labels Trial

    A Washington federal judge won't let a dog owner and Champion Petfoods LP defer an unjust enrichment claim until after a trial scheduled to begin in April over allegations that the company misled consumers about the ingredients in its food.

  • March 07, 2024

    NM Residents Sue 3M, DuPont For PFAS-Contaminated Water

    New Mexico residents are seeking to hold a slew of major chemical companies liable for allegedly contaminating the aquifer supplying water to their private household wells with forever chemicals stemming from the companies' sale and manufacture of firefighting foam.

  • March 07, 2024

    Equity Concerns Follow Mass Torts' March Into Bankruptcy

    After decades of suffering and waiting, a group of more than 82,000 childhood sexual abuse survivors recently reached a $2.5 billion bankruptcy settlement with the Boy Scouts of America and related groups. Yet the survivors may once again be in suspense.

  • March 07, 2024

    Monsanto, Seattle Spar Over Guardrails For Possible PCB Trial

    Monsanto Co. and Seattle are wrangling over evidentiary matters in the city's suit over PCB pollution in the Lower Duwamish Waterway, with each side asking a Washington federal judge to impose limits for a possible trial that's currently set for September.

  • March 07, 2024

    Nissan Cooling Fans Defective, Class Suit Claims

    A proposed class of car buyers is suing Nissan North America Inc. in Tennessee federal court, alleging the automaker made and sold Pathfinder and Infiniti vehicles with defective radiator fans, leading to engines overheating and shutting down.

  • March 06, 2024

    Juul MDL Judge Asks Feds To Probe AI Fraud In $45.5M Deal

    A California federal judge Wednesday approved e-cigarette Juul investor Altria's $45.5 million settlement and counsel's $13.65 million fee request to resolve consumer claims in Altria's broader $235 million multidistrict settlement agreement, but said fraudulent claims submitted by AI and "click farms" are a "real problem" prosecutors should investigate.

  • March 06, 2024

    6th Circ. Orders Do-Over For Insurer's $3.3M Recoupment Row

    A Sixth Circuit panel on Tuesday revived a Chubb unit's bid to recoup costs from two other insurers after it helped windshield repair company Safelite pay for its defense against a competitor's suit, saying the lower court must conduct an analysis to determine whether the other carriers were prejudiced by late notice.

  • March 06, 2024

    Norfolk Southern Can't Shift Cleanup Costs To Tank Car Cos.

    Norfolk Southern cannot dump environmental cleanup costs on seven tank car owners and shipping customers with rail cars transporting chemicals and hazardous materials on the train that derailed in East Palestine last year, an Ohio federal judge said Wednesday.

  • March 06, 2024

    5th Circ. Weighs 'Very Complex' Chemo Hair Loss Dispute

    The Fifth Circuit is weighing whether two drug manufacturers had an obligation to expedite changing the label on their chemotherapy medications to warn of permanent hair loss in a case one justice describes as "a very complex situation" that will have far-reaching consequences for drugmakers and patients.

  • March 06, 2024

    Ford Settles Georgia Auto Crash Death Suit Days Before Trial

    Ford Motor Co. has reached a settlement less than a week before a jury trial was set to begin in a suit alleging it was liable for a rollover crash that killed a teenage motorist, the parties told a Georgia federal judge Wednesday.

  • March 06, 2024

    Judge May Sit In On Depos In Abbott Formula MDL

    An Illinois federal judge overseeing multidistrict litigation in which Abbott Laboratories' Similac infant formula is alleged to have caused a deadly illness in premature babies said Wednesday she would hold off on appointing a special master following claims of improper deposition conduct, offering to tune in to depositions to help move things along.

Expert Analysis

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • Auto Defect Damages Should Factor In Supply Conditions

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    Automotive defect class action plaintiffs commonly seek damages based on the theory that an undisclosed defect made a vehicle worth less than its purchase price — but the methods that plaintiff experts commonly use to calculate such damages are insufficient, because they do not incorporate supply conditions, says Jon Tomlin at Ankura Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Pesticide Labeling Bill, 9th Circ. Case Could Cut Prop 65 Suits

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    Both a pending bill in the U.S. House of Representatives and a case currently on appeal before the Ninth Circuit could constrain California's ability to require Proposition 65 warnings on pesticide products — thus potentially preventing numerous lawsuits and bringing relief to businesses across the country, say attorneys at Alston & Bird.

  • The Likable Witness: 6 Personality Archetypes To Cultivate

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    During pretrial witness preparation sessions, a few key methods can help identify the likable personality type a witness intuitively expresses, which can then be amplified at trial to create an emotional connection with jurors, says Gillian Drake at On Trial Associates.

  • Greenwashing And 'Greenhushing': Lessons For Fashion Cos.

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    While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • The Likable Witness: Key Traits And Psychological Concepts

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    Though witnesses must appear credible to juries, they should also be likable in order to make an emotional connection, and certain gestural, behavioral and psychological aspects of their testimony can be modified to improve their perceived likability, says Gillian Drake at On Trial Associates.

  • And Now A Word From The Panel: A One-State MDL?

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    As the Judicial Panel on Multidistrict Litigation prepares for its September hearing session where it will consider a petition in which the two constituent actions are both pending in Pennsylvania, but in different districts, Alan Rothman at Sidley points out that the presence of actions in a single state does not preclude the filing of an MDL petition.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks

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    To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How Attys Can Weather The Next Disaster Litigation Crisis

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    On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.

  • Master Service Agreements Can Mitigate Manufacturing Risks

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    Terms and conditions of standard contracts between manufacturers and their suppliers may not cover the numerous geopolitical, legal and technical issues that can arise in the manufacturing process in 2023 — so a master service agreement covering everything from payment terms to dispute resolution can be an excellent alternative, says Bryan Rose at Stinson.

  • 7 Ways Telco Operators Can Approach Lead Cable Claims

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    A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.

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