Product Liability

  • November 08, 2023

    RJ Reynolds Says Smoker Didn't Rely On Ads In Reversal Bid

    R.J. Reynolds Tobacco Co. urged a Florida state appellate panel Wednesday to reverse a $15.5 million jury verdict awarded to the family of a smoker who died of lung cancer, saying there's no proof he relied on advertisements to form a false belief over the health effects of smoking cigarettes.

  • November 08, 2023

    Bayer To Keep Trying Roundup Cases, Won't Make Deals

    Bayer AG's top financial executive said Wednesday there's "no appetite" to ink large settlements to resolve claims that Monsanto-made weedkiller Roundup causes cancer, as the German conglomerate weighs separating from either its consumer health or crop science divisions.

  • November 08, 2023

    Justices Told To Ignore Group's Take On Abortion Pill OK

    The federal government and a distributor of the abortion pill mifepristone urged the U.S. Supreme Court to reject an organization's argument over its challenge to the U.S. Food and Drug Administration's approval of the medication, saying that millions of women have used it to safely terminate pregnancies.

  • November 08, 2023

    Gerber Hit With False Ad Suit Over 'No Preservatives' Snacks

    Two consumers hit Gerber with a proposed class action in New York federal court Tuesday alleging it falsely advertises its Yogurt Melts and Fruit & Veggies Melts as having "NO preservatives," even though the baby food snack products allegedly contain three well-known preservatives.

  • November 08, 2023

    Ford Can't Arbitrate Warranty Suit Over 3G Shutdown

    A California federal judge won't let Ford Motor Co. send to arbitration a proposed class action alleging its vehicles' features shut down after AT&T phased out its 3G network, finding that the automaker can't enforce arbitration agreements in the named plaintiffs' sale or lease contracts.

  • November 08, 2023

    Vape Co. Says Rivals Lifted 'Fume' TM For Deal With Rapper

    A vape company that claims two competitors misappropriated its "Fume" trademark and then struck an unauthorized brand deal with rapper Tekashi 6ix9ine wants an injunction to keep the companies from further using the mark, arguing in Miami-Dade Circuit Court the rapper was tricked into believing the plaintiffs were associated with the brand.

  • November 07, 2023

    J. Crew Can Arbitrate Customer's 'Comparable Value' Suit

    A California federal judge Monday sent into arbitration a J. Crew customer's proposed class action accusing it of falsely comparing its cheaper Factory label clothes to higher-quality mainline products, ruling the customer agreed to an arbitration clause when she bought the clothes online.

  • November 07, 2023

    Labor Judges' Appointments Constitutional, 4th Circ. Rules

    The Fourth Circuit on Tuesday rejected an engineering company's bid to declare the appointment of two U.S. Department of Labor administrative law judges unconstitutional, saying the judges were properly appointed, and even if their protections were not in accordance with the Constitution, there was no harm stemming from the two being named to the DOL tribunal. 

  • November 07, 2023

    Enviro Orgs. Target Corps' 'Blanket' Permit For CO2 Pipelines

    The Center for Biological Diversity and several hundred other conservation and community groups are petitioning the U.S. Army Corps of Engineers to remove carbon dioxide pipelines from a nationwide permit it created in 2021 to streamline approvals for some pipeline activities.

  • November 07, 2023

    Abbott Says It Is Not Implicated In Baby Formula MDL

    Abbott Laboratories says it is not directly implicated in multidistrict litigation over an infant formula shortage that led people to spend more time searching for formula and paying more when they found it because Abbott's alleged actions benefited third-party resellers, as opposed to the company itself.

  • November 07, 2023

    Abbott Labs Wants To Ditch Glucerna Class Claims

    Abbott Laboratories wants a California federal court to throw out a potential class action alleging the company misled consumers by billing its Glucerna shakes as being scientifically designed for people with diabetes when the ingredients are actually harmful to them.

  • November 07, 2023

    AmerisourceBergen Trims But Can't Beat Feds' Opioid Suit

    A Pennsylvania federal judge on Monday held that AmerisourceBergen must face the bulk of the federal government's suit targeting its role in the opioid epidemic, but allowed the distribution company to avoid civil penalties for any Controlled Substances Act violations occurring before October 2018.

  • November 07, 2023

    9th Circ. Affirms Ax Of Calif. Glyphosate Cancer Warning Label

    The Ninth Circuit said Tuesday that California cannot enforce a rule requiring cancer labels on glyphosate, which is found in Monsanto's popular weedkiller Roundup, holding the state's latest warning continues to convey the overall message that the chemical is unsafe, which is "at best disputed."

  • November 07, 2023

    Kratom Co. Looks To Toss Mom's Claims Product Killed Son

    A Nevada-based Kratom manufacturer urged a Texas federal court to dismiss a mother's wrongful death lawsuit, saying the woman's claims were filed in the "wrong court," since the company and its operators are located in Reno.

  • November 07, 2023

    Jackson Criticizes Court's 'White Protestant' Gun Rights Test

    U.S. Supreme Court Justice Ketanji Brown Jackson probed what she described as a "flaw" in the high court's recently adopted historical analog test for laws restricting gun ownership, suggesting during oral arguments Tuesday that the test has been applied to a whitewashed version of American gun regulation history.

  • November 07, 2023

    Ga. Power Co. Wants $250M For Shoddy Biofuel Plant Work

    A Georgia power company says a unit of energy construction giant AMEC Foster Wheeler misled it about the quality of work on two biofuel plants to avoid liability over serious boiler design problems, according to a lawsuit filed in Georgia federal court.

  • November 07, 2023

    Mediator Locked In For $30M Sig Sauer Pistol Defect Suit

    A North Carolina federal court appointed a mediator Tuesday for the $30 million pistol defect suit brought against gun maker Sig Sauer Inc. by a Kentucky man who was allegedly shot through the femur when his holstered firearm went off without anyone pulling the trigger.

  • November 07, 2023

    Va. County Alleges Racketeering In Suit Over Insulin Prices

    A Virginia county has accused Eli Lilly and others of scheming to inflate insulin prices and control the market for diabetes medicine in violation of racketeering and consumer protection laws, adding to a flood of litigation over the life-saving drugs.

  • November 07, 2023

    BP And Shell Lose Bid To Stay Louisiana Coastal Erosion Trial

    The U.S. Supreme Court on Tuesday rejected BP America and Shell Oil's attempt to stay a trial scheduled to start later this month in a Louisiana local government's $7 billion lawsuit alleging the companies' drilling activities caused coastal erosion.

  • November 07, 2023

    Kidde-Fenwal Can Pay Ad Hoc Committee's Ch. 11 Atty Fees

    A Delaware bankruptcy judge on Tuesday approved fire-suppression company Kidde-Fenwal Inc.'s unusual request to pay counsel fees for an ad hoc group of 23 governmental claimants, finding the relief will help the company confirm a Chapter 11 plan that addresses the thousands of pollution and personal injury claims it faces.

  • November 07, 2023

    Monsanto Fights $175M Verdict In Philly Roundup Fight

    Monsanto called for erasing a $175 million verdict against it following a Pennsylvania state court trial over the Bayer AG subsidiary's purported failure to warn the public about carcinogens in its weed killer product Roundup, arguing in part that the court improperly "coerced" the jury to break a deadlock.

  • November 07, 2023

    The 2023 Law360 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades, and positive legal news media representation.

  • November 07, 2023

    How Law Firms Build And Protect Stellar Reputations

    Now more than ever, BigLaw firms depend on the strength of their brand to land clients, attract recruits and justify top-shelf hourly rates. But in the world of the 24/7 news cycle, where any slip-up can instantly go viral, how do firms manage their prized reputations?

  • November 07, 2023

    Ford Can't Halt Va. Transmission Case Amid Transfer Bid

    Ford cannot pause a putative class action alleging one of its 10-speed transmissions can put lives at stake as the automaker awaits a decision on its bid to move the case to another district, a Virginia judge has ruled, finding the purported hardship against the company if the case were to continue to be heavily manufactured.

  • November 06, 2023

    Monsanto Spinoff Owes Wash. Teachers Over $47M, Jury Told

    An attorney for a group of former school employees who are suing a Monsanto corporate spinoff urged a Washington state jury Monday to award over $47 million in compensatory damages, along with punitive damages, saying the company manufactured PCBs for decades despite evidence that the compounds caused systemic poisoning.

Expert Analysis

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Can Class Actions Guide AI Risk Mitigation Efforts?

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    The speed at which artificial intelligence is developing will likely outpace the legislative response, and two recently filed class actions naming OpenAI as a defendant raise the question of whether existing laws may be used to place some meaningful guardrails on the development of AI, says Thomas Carey at Sunstein.

  • MoCRA Will Give Cosmetics Litigation A Makeover

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    Many provisions of the Modernization of Cosmetics Regulation Act go into effect at the end of this year — so cosmetics companies must understand how the law presents both benefits and challenges, especially with regard to litigation, say attorneys at Crowell & Moring.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • SEC Focus On Perks Offers Insights On Cooperation

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    The U.S. Securities and Exchange Commission's recent settlement with Stanley Black & Decker is the latest example of the SEC's continued focus on executive perquisites and highlights what type of cooperation may be required to avoid a civil money penalty, say attorneys at Morgan Lewis.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • What Companies Must Know About Product Recalls

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    Recent recalls of asthma inhalers and Baby Shark toys provide an ideal opportunity to review the most essential steps companies should take when planning and conducting their own product recalls — from notifying government agencies and retaining experts to properly communicating with the public, say Kelly Jones Howell and Judi Abbott Curry at Harris Beach.

  • Prepping For PFAS Approval Under EPA's New Framework

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    Under the U.S. Environmental Protection Agency's recently announced framework for addressing new per- and polyfluoroalkyl substances and new uses of PFAS, entities should prepare for increased scrutiny and develop the necessary data prior to submitting premanufacture or significant new use notices, say David Edelstein and Charles Dennen at Archer & Greiner.

  • Operant Conditioning: Techniques To Prepare Your Witness

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    Attorneys can apply operant conditioning principles, such as positive and negative reinforcement, during witness preparation sessions to enhance the quality of witnesses’ deposition and trial testimony and counter the potential influence of opposing counsel, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Regulatory Questions Loom As Lab-Grown Meat Hits Market

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    As cell-cultured meat gains popularity and moves quickly to market, food-labeling questions will be a test of the U.S. Department of Agriculture and the U.S. Food and Drug Administration's ability to seamlessly coordinate efforts to ensure safety, says Laurie Beyranevand at Vermont Law School.

  • California's PFAS Bans May Have National Ripple Effects

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    As California moves to phase out per- and polyfluoroalkyl substances from many categories of consumer products, other states may soon follow — so manufacturers would be well advised take action now, or risk losing substantial market share, says Vineet Dubey at Custodio & Dubey.

  • Operant Conditioning: Tactics That Can Derail Your Witness

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    There are many ways opposing counsel may use operant conditioning principles, including rewards and punishments, to obtain damaging testimony from your witnesses, so understanding this psychological theory is key, say Steve Wood and Bill Kanasky at Courtroom Sciences.

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