Product Liability

  • November 15, 2023

    Philip Morris Can't Ditch $5.5M Engle-Linked Verdict In Fla.

    A Florida state appeals court on Wednesday upheld a $5.5 million jury verdict in an Engle progeny case against Philip Morris, saying the issue of when a smoker developed a smoking-related illness had been properly given to the jury to determine.

  • November 15, 2023

    3 States Slam Feds' Request For Pause In Abortion Drug Suit

    Missouri, Kansas and Idaho want a Texas federal judge to decide now whether they can join a lawsuit against the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services over the abortion drug mifepristone, instead of waiting to see if the U.S. Supreme Court weighs in on a Fifth Circuit ruling that would limit access to the drug.

  • November 15, 2023

    Hyundai, Kia Can't Ditch Insurers' Claims In Car Theft MDL

    A California federal judge ruled Wednesday that Hyundai and Kia's U.S. units must face consolidated claims from hundreds of insurers suing the automakers over an alleged nationwide wave of car thefts following a viral TikTok trend that popularized tips for breaking into their vehicles.

  • November 15, 2023

    Travelers Fights Atty Testimony In Footwear Co. PFAS Fight

    The Travelers Indemnity Co. has asked a Michigan federal court to reject a footwear company's motion to compel the deposition of Travelers' in-house attorney, arguing the request was prohibited when the evidence could be obtained elsewhere and, further, that the footwear company had already blocked its own in-house counsel from being deposed.

  • November 15, 2023

    UnitedHealth Uses AI To Deny Patient Services, Suit Says

    UnitedHealth knowingly uses an artificial intelligence service with a high error rate to override physician recommendations and deny elderly patients care owed to them through Medicare plans, according to a proposed class action in Minnesota federal court.

  • November 15, 2023

    Exxon Says NYC's Climate Suit Belongs In Federal Court

    Exxon, BP, Shell and the American Petroleum Institute on Tuesday told a judge that federal court is the right place for New York City's lawsuit alleging that the companies violated a city consumer protection law by systematically deceiving the public about the climate change impacts of their operations.  

  • November 15, 2023

    Chicago And US Steel Strike Deal In Chemical Spill Dispute

    The city of Chicago, Illinois, and U.S. Steel have reached an undisclosed settlement nearly one month after an Indiana federal judge halved the city's claims, putting to rest litigation arising from a chemical spill from the company's Hoosier State plant into Lake Michigan.

  • November 15, 2023

    Suit Blames Faulty Walmart Basketball Hoop For Amputation

    A Louisiana consumer has filed a product liability lawsuit against Walmart claiming the retail giant is responsible for a faulty basketball hoop that came off its frame and crushed his pinkie, ultimately requiring it to be amputated.

  • November 15, 2023

    Shipbuilder Urges 3rd Circ. To Back Bankruptcy Court Ruling

    Shipbuilder Bath Iron Works Corp. on Wednesday told a Third Circuit panel that a bankruptcy judge is the proper person to decide whether an insurance settlement in the 2003 bankruptcy of a former corporate affiliate protects Bath Iron Works from liability for the cleanup of a polluted New Jersey river.

  • November 15, 2023

    Oshkosh Settles Suit Over Cadet's Rollover Death For $775K

    A New York federal judge has approved a $775,000 settlement to resolve claims against Oshkosh Corp. over the death of a West Point cadet who died in a rollover accident involving a tactical vehicle the company made.

  • November 15, 2023

    Concrete Worker Sues Mix Supplier And Employee Over Burns

    A construction worker suffered chemical burns on his leg after a watery mix of pouring concrete seeped into his skin because he wasn't warned that continuous contact could cause injury, a suit in the Philadelphia County Court of Common Pleas contends.

  • November 15, 2023

    New York AG Sues PepsiCo Over Single-Use Plastic Pollution

    New York Attorney General Letitia James sued PepsiCo Inc. on Wednesday over single-use plastic that she says contributes significantly to high levels of pollution along the Buffalo River, saying the food and beverage giant failed to warn consumers about the possible health and environmental risks and misled the public about its efforts to fight plastic contamination.

  • November 14, 2023

    Footwear Co. Seeks Sanctions Over Delayed Documents

    A footwear company sought sanctions against an insurer it said failed to produce notes about the company's insurance claims related to underlying chemical exposure actions, telling a Michigan federal court the insurer produced the information only after multiple court orders and now the company must re-depose witnesses.

  • November 14, 2023

    Judge OKs $2M Deal In Colgate-Palmolive Tainted-Goods Claims

    A New York federal judge on Tuesday gave preliminary approval to a $1.9 million settlement between consumers and the makers of Fabuloso-brand cleaning products that would end claims the products were tainted with deadly bacteria.

  • November 14, 2023

    Texas Judge Defers Ch. 11 Rulings Pending Recusal Hearing

    The Texas bankruptcy judge overseeing the Chapter 11 case of a hand sanitizer company said Tuesday that he would defer decisions about claims against the company pending the outcome of a recusal request due to his working relationship with former U.S. Bankruptcy Judge David R. Jones.

  • November 14, 2023

    3rd Circ. Tosses Death Claim Against Plane Engine Maker

    The Third Circuit on Tuesday threw out claims against an airplane-engine maker in a wrongful death suit stemming from a 2013 crash, finding that federal law blocks the claims because of an 18-year statute of repose.

  • November 14, 2023

    Justices Urged To Allow Highway Flooding Case To Proceed

    Texas landowners told the U.S. Supreme Court that the Lone Star State should make them whole after a highway project spurred recurrent flooding on their land, urging the justices to rule that the U.S. Constitution allows individuals to sue states over property seizures even though Congress has not provided a cause of action.

  • November 14, 2023

    6th Circ. Won't DQ Special Master Over 'Reply-All' Email

    The Sixth Circuit on Tuesday refused to compel the disqualification of a special master appointed to manage cases against pharmacy benefits managers in the national opioid multidistrict litigation over an email he inadvertently sent to all parties, saying nothing in the email shows bias.

  • November 14, 2023

    Segal McCambridge Opens Boston Office With Clyde & Co. Atty

    Segal McCambridge Singer & Mahoney Ltd. has launched a Boston office with a trial attorney from Clyde & Co. LLP.

  • November 14, 2023

    What Changes To Prop 65 Warning Rules Mean For Cos.

    Proposed amendments to the safe harbor warning requirements of California's Proposition 65 may mean new legal risks for businesses that make, distribute or sell consumer products — including food products — so companies should prepare to update their Prop 65 warnings, and consider submitting comments on the rulemaking, says Gregory Berlin at Alston & Bird.

  • November 14, 2023

    Social Media MDL Judge Allows Parents' Negligence Claims

    A California federal judge on Tuesday ordered Meta and other social media companies in multidistrict litigation to face negligence claims that the tech giants purposely addict and harm young people after ruling that certain features of the platforms, such as image filters, could be treated like products.

  • November 14, 2023

    Mazda Escapes Liability Suit In Del. Due To Improper Service

    A Delaware Superior Court judge has tossed a negligence suit filed by a woman who was injured in an accident, during which the restraint system in her Mazda vehicle purportedly failed, saying she didn't properly serve the automobile manufacturer with the complaint.

  • November 14, 2023

    Fiat Chrysler Avoids Damages In Faulty Headrest Class Action

    A Boston federal jury said Tuesday that Fiat Chrysler Automobiles won't have to pay a dime to Massachusetts car owners to swap out purportedly defective headrests prone to inadvertently deploying without warning.

  • November 14, 2023

    Norfolk Southern Hit With $500M Suit Over Train Derailment

    Norfolk Southern Railway Co. is facing a $500 million lawsuit from the owner of a manufacturing and fabrication company who claims the February train derailment in Ohio decimated his livelihood, forcing him to shutter his business as his customers and workers fled.

  • November 13, 2023

    L'Oreal, Revlon Can't Escape Hair Relaxer-Cancer Link MDL

    Consumers who allege L'Oreal, Revlon and other companies' hair relaxers — which are primarily marketed to Black women — cause breast, uterine and other cancers can pursue most of their consolidated claims, an Illinois federal judge ruled Monday.

Expert Analysis

  • Minn. Product Case Highlights Challenges Of Misuse Defense

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    The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.

  • In Ga., Promptness Is Key To Setting Aside Default Judgments

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    The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • 2 High Court Cases Could Upend Administrative Law Bedrock

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    Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.

  • Tapping The Full Potential Of The Juror Questionnaire

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    Most litigators know that questionnaires can reveal biases that potential jurors would never reveal in voir dire, but to maximize this tool’s utility, attorneys must choose the right questions, interpret responses effectively and weigh several other considerations, say George Speckart and Steve Wood at Courtroom Sciences.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Conn. Regulators Are Coming For Unlawful Cannabis Sales

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    Regulatory and enforcement efforts against unlicensed cannabis sales in Connecticut have been ramping up this year, so it behooves retailers to prioritize compliance with all relevant statutes, lest they attract unwelcome scrutiny, says Eric Del Pozo at Shipman & Goodwin.

  • 9th Circ. Kellogg Ruling Offers Protein Claim Defense Tips

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    The Ninth Circuit's recent opinion dismissing consolidated false advertising class actions against Kellogg and Kashi should be required reading for manufacturers that include protein-related claims on their product labels because it significantly clarifies the viability of state law challenges to those claims, say Olivia Dworkin and Cortlin Lannin at Covington.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

  • Mont. Kids' Climate Decision Reflects 3 Enviro Trends

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    A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.

  • 3 Lessons From Mock Trials That Attys Can Use In Practice

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    The hordes of data gleaned from mock trial competitions can isolate the methods that maximize persuasion, providing key principles that attorneys in every practice area can incorporate into their real-world trial work, say Spencer Pahlke at Walkup Melodia and Justin Bernstein at UCLA.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Retailers Face Compliance Issues As PFAS Regulations Grow

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    As per- and polyfluoroalkyl substance legislation, and the potential for litigation, continues to evolve and spread nationally, retailers should focus on supply chain management, inventory audits and maintaining strong internal standard operating procedures as a way to manage compliance and minimize risk, say attorneys at Dentons.

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