Product Liability

  • January 30, 2024

    Boeing Hit With Securities Fraud Suit Over 737 Max 9 Blowout

    Rhode Island's largest public employees retirement fund accused Boeing of misleading investors about the overall safety of its 737 Max jets, alleging in a new lawsuit Tuesday that the recent midair blowout aboard an Alaska Airlines flight showcases how missteps by Boeing's top brass have diminished shareholder value.

  • January 30, 2024

    8th Circ. Revives Wrongful Death Claim Against Paper Co.

    Paper company Sappi NA must face a lawsuit alleging that a worker was found deceased near an area where hydrogen sulfide gas was released despite the trustee for the worker's family collecting workers' compensation from a subsidiary, an Eighth Circuit panel ruled Tuesday, finding that the parent firm would need employees working at the facility when the death occurred for the state Workers' Compensation Act to bar the trustee's claims against it.

  • January 30, 2024

    Gun Industry Avoids 'Gamechanging' 1st Circ. Mexico Ruling

    The First Circuit's recent decision to revive a suit by Mexico seeking to hold Smith & Wesson and other gunmakers responsible for thousands of weapons trafficked south of the border was a blow to the industry but not nearly as "gamechanging" as it could've been, experts said.

  • January 30, 2024

    Trader Joe's Supplier Wins Contract Claim Over Bony Birds

    A Washington federal judge ruled on Tuesday that a poultry supplier breached its contract by selling a Trader Joe's chicken burger manufacturer a "boneless" shipment that contained bone fragments, while ruling that a jury should decide other issues in the supply chain suit, including whether the batch was wrongly characterized as "breast trim."

  • January 30, 2024

    Fla. Class Suit Claims Combos Falsely Touts 'Real Cheese'

    A Florida federal proposed class action brought by a consumer alleges Mars Confectionery US LLC is deceptively advertising the ingredients of its Combos baked pretzel snack, saying the company uses highly processed palm oil and dairy by-products instead of "real cheese" to make the filling.

  • January 30, 2024

    Philips Halts Sales Of Sleep Apnea Devices In US After Recall

    Koninklijke Philips NV revealed in a U.S. Securities and Exchange Commission filing Monday that it is halting sales of sleep apnea breathing machines in the U.S. after it began a recall in 2021 over potential health risks posed by the breakdown of sound-insulating foam.

  • January 30, 2024

    Solvay Will Pay $1.4M To Settle NJ 'Forever Chemical' Claims

    Solvay and another chemical manufacturer accused of polluting the Garden State with "forever chemicals" over decades have agreed to pay almost $1.4 million to three proposed classes of residents and property owners, according to a Monday filing in New Jersey federal court.

  • January 30, 2024

    Social Media Algorithms Called 'Addictive' Ahead Of Hearing

    The mother of a teenager struggling with an eating disorder said in a Tuesday press conference ahead of a U.S. Senate hearing between lawmakers and social media company heads that she unwittingly handed her daughter "a loaded gun" when she gave her a smartphone with applications featuring addictive algorithms.

  • January 30, 2024

    WeChat And DHgate Listed On USTR's Counterfeiting Report

    The latest counterfeiting report from the U.S. Trade Representative on Tuesday found that Chinese platforms like WeChat and DHgate have continued to cost the U.S. billions of dollars through the sale of counterfeit products in 2023 and highlighted growing concerns about the promotion of fake products by social media influencers.

  • January 30, 2024

    Hyundai, Kia Can Ask 9th Circ. To Vet Cities' Car-Theft Claims

    A California federal judge said Hyundai and Kia can ask the Ninth Circuit to consider whether cities in New York, Ohio and Wisconsin can sue the automakers over a nationwide wave of car thefts following a viral TikTok trend that popularized tips for breaking into their vehicles.

  • January 30, 2024

    Texas Co. To Pay Record $2M For False 'Made In USA' Labels

    Tractor maker Kubota North America Corp. will pay $2 million for labeling imported replacement parts as made in the United States in violation of the Federal Trade Commission Act, a record sum for such mislabeling.

  • January 30, 2024

    Fla. Jury Awards No Damages In Chrysler Headrest Trial

    A Florida federal jury on Tuesday decided that the Chrysler carmaker doesn't have to pay damages to consumers in the state who sued over alleged faulty automatic head restraints that inadvertently deployed while people were driving, but said the company violated the state's unfair trade practices law.

  • January 30, 2024

    Zurich, Mont. Mill Workers End Asbestos Liability Dispute

    Zurich and a group of former mill workers suffering from the effects of asbestos exposure agreed to end their legal dispute in which the workers accused Zurich of unfair claim settlement practices by entering into retroactive reinsurance agreements, the parties told a Montana federal court.

  • January 30, 2024

    Airheads Gummies Maker Defeats 'Tree Nut Free' False Ad Suit

    Perfetti Van Melle USA Inc. permanently defeated a potential class action alleging its "tree nut free" statement on its Airhead Gummies is misleading because the product contains coconut oil, after a Kentucky federal judge ruled it was unreasonable for shoppers to rely on the statement since coconut oil is listed as an ingredient.

  • January 30, 2024

    1 Year Later: How 2 States Reckoned With A Train Derailment

    In the nearly one year since a Norfolk Southern Railway Co. cargo train derailed and released toxic chemicals in East Palestine, Ohio, right on the border of western Pennsylvania, both states have launched environmental monitoring programs and secured funding or financial commitments from the company.

  • January 30, 2024

    Feds, Tesoro Question Landowners' Bid To Join Pipeline Fight

    The U.S. government has told a North Dakota federal judge that tribal landowners' push to join a pipeline fight with Tesoro High Plains Pipeline Co. LLC may be premature, while the company said it threatens to turn its litigation against the government "into a circus."

  • January 30, 2024

    NY Sues Citi Over Fraud Protection, Reimbursement Practices

    New York's attorney general on Tuesday sued Citibank NA in federal court over claims that the banking giant lacks sufficiently strong online security measures to protect customers against scammers and has unlawfully refused to reimburse them for fraud losses.

  • January 29, 2024

    3 Takeaways From Roundup Jury's $2.25B Blow To Monsanto

    A Philadelphia jury's $2.25 billion judgment against Monsanto in the city's Roundup weedkiller mass tort sent shock waves across the legal community Friday, emerging as one of the strongest rebukes against the Bayer AG unit, and its second 10-figure setback in as many months over claims it failed to warn consumers of cancer-causing chemicals in the product.

  • January 29, 2024

    Justices Urged To OK 9th Circ.'s Coinbase Arbitration Ruling

    The American Association for Justice, legal scholars and a consumer advocacy organization threw their weight behind a proposed class of Coinbase users Monday in their fight at the U.S. Supreme Court to keep their dispute alleging the cryptocurrency exchange platform misled them about a Dogecoin sweepstakes out of arbitration.

  • January 29, 2024

    Blue Diamond's Almonds Aren't Smoked, False Ad Suit Says

    Blue Diamond Growers was hit Sunday with a potential class action in Pennsylvania federal court by consumers who accused it of deceptively labeling its almonds with the term "Smokehouse" across a red banner and an orange polygon to evoke fire, despite the products' flavors coming primarily from synthesized liquid smoke.

  • January 29, 2024

    Mich. Residents Urge 6th Circ. To Preserve Lead Water Claims

    Residents of Benton Harbor, Michigan, urged the Sixth Circuit to reject city officials' request for qualified immunity in a class action alleging they misled the public about the safety of the city's drinking water.

  • January 29, 2024

    EPA Aims To Save La. Pollution Suit Against Neoprene Maker

    The U.S. Environmental Protection Agency asked a Louisiana federal judge Friday to reject a neoprene maker's bid to escape its lawsuit seeking to impose emergency controls on the company's facility to prevent pollution.

  • January 29, 2024

    Kidde-Fenwal Asks To Extend Ch. 11 Mediation Another Month

    Bankrupt fire-suppression system company Kidde-Fenwal Inc. asked a Delaware judge on Monday to extend ongoing mediation between the company, unsecured creditors and plaintiffs in litigation who say they were injured by so-called forever chemicals in firefighting foam and government claimants in its Chapter 11 case.

  • January 29, 2024

    The Top Attys In Clinton's Impeachment Trial, 25 Years Later

    One of them just went to federal prison, and another famously beat a federal indictment. One has been seeking the White House, and another has been steering a BigLaw powerhouse. Each was among the two dozen attorneys who litigated President Bill Clinton's historic impeachment trial 25 years ago this month — and then saw their lives go in dramatically different directions.

  • January 29, 2024

    Protein Bar Co.'s Insurer Says Supplier Ruined $3M In Product

    An insurer for a Pittsburgh-based protein-bar maker said the company lost $3 million due to plastic and paper contaminants found in collagen supplied by a Michigan-based company, according to a lawsuit filed in Pennsylvania state court Friday.

Expert Analysis

  • 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.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Opinion

    Proving Causation Is Key To Fairness And Justice

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    Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.

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