Product Liability

  • November 16, 2023

    Conn. Judge Consolidates $1.1M Ryobi Battery Fire Claims

    Agreeing that the cases involved similar issues of law and fact, a Connecticut federal judge has granted joint requests to consolidate three lawsuits alleging that defective Ryobi power tool batteries caused a fire that led to at least $1.1 million in losses.

  • November 16, 2023

    Olaplex Brass Misled Investors On Formula Change, Suit Says

    A shareholder of hair care company Olaplex has alleged in a derivative suit that top brass refused to address that the company removed a controversial chemical compound known as lilial from a product formula, causing significant share declines and reputational damage once the public became aware of the change.

  • November 16, 2023

    6th Circ. Unravels Ford F-150 Faulty Brakes Class

    The Sixth Circuit on Thursday dismantled a class action accusing Ford of selling F-150 trucks with faulty brakes, instructing a Michigan federal court to go back and more thoroughly analyze whether the drivers had common enough claims concerning a purported brake cylinder defect in the trucks.

  • November 16, 2023

    Judge Orders Utah Dietary Product Maker To Destroy Goods

    A federal judge has signed off on consent decrees that will bar two Utah-based dietary supplement companies from making or selling their products until they've proven they will follow U.S. Food and Drug Administration regulations, ordering their existing supplements be destroyed.

  • November 16, 2023

    Insurer Backpedals On Coverage For Carnival Ride Death

    An insurer told a Colorado federal court Thursday that it does not owe any defense, indemnification or settlement coverage to a carnival ride manufacturer whose product ejected and killed a child at a 2019 festival in New Jersey.

  • November 16, 2023

    Aramark, Store Owner Must Face Pa. Slip-And-Fall Suit

    A Pennsylvania federal judge declined Thursday to cut Aramark Uniform & Career Apparel LLC and the owners of a Turkey Hill Convenience Store out of a suit by a man alleging he slipped and fell on a mat by the store's entrance.

  • November 16, 2023

    Judge Pauses Ga. City's 'Forever Chemicals' Suit

    A Georgia federal judge partially froze a city's claims that 3M and DuPont polluted local water sources with toxic "forever chemicals" while the companies work toward finalizing a separate settlement resolving nationwide pollution claims.

  • November 16, 2023

    Del. Justices Uphold Merck's Post-Bayer Sale Talc Liability

    Delaware's Supreme Court on Thursday upheld a lower court's finding that Merck & Co. Inc. is liable for claims arising from its sale of talc-based products like Dr. Scholl's and Lotrimin foot powders before it sold the brands to Bayer AG in 2014.

  • November 16, 2023

    Groupon Settles Suit Targeting Bogus Small Biz Discounts

    Groupon Inc. and a nationwide class of small businesses received an Illinois federal judge's approval for their largely nonmonetary settlement of a suit claiming Groupon's descriptions of business were rife with inaccuracies and that the platform falsely advertised deals.

  • November 16, 2023

    FDA Warns Shops Over E-Cig Items Allegedly Aimed At Kids

    The U.S. Food & Drug Administration says it has slapped seven online shops with warning letters for selling or distributing unapproved electronic cigarettes packaged to look like toys and drink containers appealing to kids, running afoul of the Federal Food, Drug, and Cosmetic Act.

  • November 15, 2023

    Ariz. Co. Banned From Making Unapproved Contraceptives

    An Arizona federal court has rubber-stamped a deal between the U.S. Department of Justice and a drug company to resolve claims that the company marketed a vaginal cream as a "99.8% effective" contraceptive without approval from the U.S. Food and Drug Administration.

  • 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.

Expert Analysis

  • 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.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • How Jurors' Great Resignation Views Affect Corp. Defendants

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    With recent surveys finding that many workers expect to leave their jobs in the next year, corporate defendants should consider measuring potential jurors’ attitudes about the "great resignation," which may reveal biases against large corporations and beliefs about personal responsibility, say Jorge Monroy and David Metz at IMS Consulting.

  • 10 Legal Subject Matters Popping Up In AI Litigation

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    The past five years have brought judicial opinions addressing artificial intelligence in many different legal areas, so a study of existing case law is an important first step for in-house counsel addressing how to advise on the uncertainty driving many of the AI legal disputes, says Mark Davies at Orrick.

  • Steps To Take On AI Operations Amid FTC's ChatGPT Probe

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    Following the Federal Trade Commission's civil investigative demand for OpenAI, it is foreseeable that many more investigations into artificial intelligence and its impact on consumers are coming, but companies can be prepared, say David Shonka and Benjamin Redgrave at Redgrave.

  • Insurers, Prepare For Large Exposures From PFAS Claims

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    With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Aviation Watch: Osprey Aircraft May Face Tort Claims

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    A recent U.S. Marine Corps Command report found that the cause of a 2022 Osprey crash was a problem known to the manufacturer and the military for over 10 years — and the aircraft may now be on its way to a day of reckoning in the tort liability arena, says Alan Hoffman, a retired attorney and aviation expert.

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