Product Liability

  • May 13, 2024

    Philips Wants Cleaner Co. To Chip In For $1B CPAP Deal

    Koninklijke Philips NV has filed a third-party complaint in Pennsylvania federal court against SoClean Inc., which sells cleaning products for breathing devices, claiming SoClean and its parent should contribute to Philips' $1 billion settlement because its cleaners allegedly exacerbated the foam breakdown at the heart of the litigation.

  • May 13, 2024

    EPA Wrongly Approved New Chevron Chemicals, Group Says

    A Mississippi community group has asked the D.C. Circuit to revoke the U.S. Environmental Protection Agency's authorization for Chevron Corp. to produce 18 new chemicals derived from plastic waste "despite their extreme health risks."

  • May 13, 2024

    Camp Lejeune Plaintiffs Can't Appeal Jury Trial Denial Order

    The North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune military base on Monday denied the service members' attempt to appeal an order that struck down their bid for jury trials, saying that it's not an issue that warrants appeal.

  • May 13, 2024

    False Ad AriZona Suit Not In Bad Faith, Fee Opposition Argues

    A plaintiff represented by an attorney known for false advertising suits against food and drink companies is asking an Illinois federal judge not to award attorney fees to AriZona Beverages USA LLC after the court threw out claims that it falsely advertised some of drinks as "lite," saying there was no bad faith in pursuing the suit.

  • May 13, 2024

    'Prolific' Asbestos Injury Firm Accused Of Fraud, Racketeering

    A "prolific" Illinois-based asbestos litigation law firm allegedly engaged in a yearslong scheme involving perjured testimony, suppressed evidence and baseless claims to extract as much money from as many companies as possible, according to one of the companies repeatedly targeted by the firm.

  • May 13, 2024

    Justices Reject COVID App Makers' Last-Ditch Apple Appeal

    The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.

  • May 13, 2024

    Justices Won't Review Ch. 11 Stay In Asbestos Cases

    The U.S. Supreme Court won't review lower courts' decisions allowing the paper-products company Georgia-Pacific to remain shielded from mass tort litigation by way of a subsidiary's Chapter 11 case.

  • May 10, 2024

    Lab Exec Sentenced For Deadly Fungal Meningitis Outbreak

    The founder of a Massachusetts drug compounding center was sentenced in Michigan to 10 to 15 years in prison for his role in a fungal meningitis outbreak after he agreed to a plea deal with state prosecutors earlier this year.

  • May 10, 2024

    Full 4th Circ. Urged To Settle Key 'Texas Two-Step' Questions

    A Fourth Circuit panel left critical issues open when it denied permission to an appeal challenging the so-called Texas two-step Chapter 11 of industrial equipment maker Aldrich Pump, asbestos claimants in two separate bankruptcy cases said, asking the full appeals court to reconsider hearing the case and settle questions that have plagued their own bankruptcies in the Western District of North Carolina.

  • May 10, 2024

    Oil Giants Say Tribal Climate Change Row Must Stay Federal

    Several giant oil companies are fighting a bid by two Native American tribes to remand their consolidated case to state court, telling a Washington federal district court that the claims brought by tribes have always been governed by federal law.

  • May 10, 2024

    Nipple Covers Don't Stick To Body As Advertised, Suit Says

    Cakes Body LLC faces a putative class action filed Thursday in California federal court by a consumer who says the company falsely creates the impression that its reusable nipple covers function as alternatives to bras that adhere to the body, but that the product doesn't work as advertised. 

  • May 10, 2024

    Insurers Don't Owe Chiquita Coverage In Terrorism Settlement

    An Ohio state appeals court ruled Friday that Chiquita Brands International Inc. is not owed coverage by a group of insurers for a settlement with families of six Americans killed by a terrorist group Chiquita had paid for protection, saying any errors the trial court made were harmless because it came to the correct conclusion.

  • May 10, 2024

    X Corp.'s Data Scraping Suit Stymied By Copyright Act

    A California federal judge has dismissed X Corp.'s suit accusing an Israeli company of mining and selling user data culled from its platform, noting that X's claims would allow it to block others from distributing publicly available user content and are preempted by the Copyright Act.

  • May 10, 2024

    Dollar Tree Parent Sued Over Alleged Lead In Cinnamon

    Dollar Tree Inc.'s parent company and a New York family-owned food business were hit Thursday with a proposed class action in New York federal court alleging that the chain sold cinnamon that was contaminated with lead, following U.S. Food and Drug Administration recalls of lead-tainted cinnamon.

  • May 10, 2024

    Logan Paul Energy Drinks Have Excess Caffeine, Suit Says

    A proposed class of energy drink buyers is suing YouTube celebrity Logan Paul's Prime Hydration LLC, alleging the drinks contain significantly more than the 200 milligrams of caffeine they advertise.

  • May 10, 2024

    Tobacco Wholesaler Must Post $1.4M Bond Pending IP Appeal

    A cigarette rolling paper wholesaler must post a more than $1.4 million bond while the company appeals its portion of a larger $2.3 million verdict for selling counterfeit papers, a Georgia federal judge has ruled.

  • May 10, 2024

    Exxon Hit With $725M Verdict In Benzene Exposure Suit

    A Philadelphia jury has awarded $725.5 million to a New York service station mechanic for his claims that Exxon Mobil Corp. failed to warn consumers about the health risks of benzene in its products, and that his exposure to the chemical was responsible for his leukemia diagnosis.

  • May 09, 2024

    Senate Approves FAA Reauthorization Bill

    The U.S. Senate on Thursday passed legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs in a package that includes hiring thousands more air traffic controllers and inspectors, among other things.

  • May 09, 2024

    3M, Dupont Want Conn. AG's PFAS Suit To Stay In Fed. Court

    Stressing their work for the military, 3M Co. and several entities tied to what was once E. I. du Pont de Nemours and Co. have opposed a motion by the Connecticut Attorney General's Office to send a PFAS forever chemicals environmental pollution case back to state court.

  • May 09, 2024

    NYC Wins Remand Of Climate Deception Suit Against Exxon

    A New York federal judge on Wednesday returned to state court the Big Apple's lawsuit alleging Exxon, BP, Shell and the American Petroleum Institute violated a city consumer protection law by systematically deceiving the public about the climate change impacts of their operations.

  • May 09, 2024

    First Zantac Trial Plaintiff Says She Can't Live Normal Life

    An Illinois woman suing the former manufacturers of Zantac heartburn medication and claiming her long-term use of the drug caused her colon cancer testified Thursday that she has struggled to control her bowels since her 2015 diagnosis and has experienced multiple accidents in public places that left her humiliated and fearful to leave her home.

  • May 09, 2024

    Gov't Says It's Already Yielded Camp Lejeune Muster Rolls

    The federal government on Wednesday told the North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune base that it has already produced muster rolls and that the court should deny the service members' request to produce more records.

  • May 09, 2024

    Judge Halts DEA's Hearing On Proposed Psychedelics Ban

    An administrative law judge with the U.S. Drug Enforcement Administration has ordered the agency to cancel a June 10 hearing on its proposal to ban two psychedelic substances while a researcher's federal lawsuit challenging the agency's actions plays out in court, according to an order made public Thursday.

  • May 09, 2024

    Ex-Dental Device CEO Cops To $10.7M Investor Fraud

    The former CEO of a dental device company pled guilty Thursday to defrauding investors out of $10.7 million with false claims that his company received the U.S. Food and Drug Administration's approval for a device he promised would take the place of X-rays.

  • May 09, 2024

    Award Increased to $13.4M In Pabst Asbestos Death Suit

    A Wisconsin appeals court has increased a mesothelioma wrongful death award against Pabst Brewing Co. to $13.4 million, rejecting the beer company's argument that the jury shouldn't have found fault at all, while finding that the trial court wrongly applied the state's punitive damages statute.

Expert Analysis

  • Back Labels In False Ad Cases Get Some Clarity In 9th Circ.

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    Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • California Shows A Viable Way Forward For PFAS Testing

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    The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

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