Product Liability

  • January 27, 2022

    3M Hit With $110M Verdict In Fla. Military Earplug Bellwether

    A Florida federal jury on Thursday sided with two service members who say they suffered hearing damage from using 3M earplugs, awarding the men $110 million in damages, the largest verdict in the sprawling multidistrict litigation's bellwether series to date, according to attorneys for the plaintiffs.

  • January 27, 2022

    6 Breyer Product, Personal Injury Opinions Attys Should Know

    U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.

  • January 27, 2022

    Evenflo Escapes Deceptive Marketing Booster Seat MDL

    A Massachusetts federal judge on Thursday freed Evenflo Co. from a multidistrict deceptive marketing suit over its Big Kid booster seats, finding that the consumers had not put forth a plausible theory for how they were harmed economically by purchasing the seats.

  • January 27, 2022

    Walmart Seeks Toss Of Suit Over Crash That Killed Girl Scouts

    Walmart Inc. urged a California federal court to dismiss a lawsuit over the deaths of two Wisconsin Girl Scouts and one of their mothers who were run over by a pickup-truck driver high on Ultra Duster, accusing the victims' families of a "blatant act of forum shopping."

  • January 27, 2022

    CPSC Approves New Crib Mattress Safety Rule

    The U.S. Consumer Product Safety Commission has announced it will impose new standards for infant mattresses used in cribs and play yards, responding to nearly 500 baby injuries over the past decade.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

    An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.

  • January 27, 2022

    Calif. High Court Takes Up Fight Over County's Drilling Bans

    The California Supreme Court has agreed to review a lower court's holding that an approved ballot initiative that would have banned new oil and gas wells, and phased out waste fluid disposal in a county south of San Francisco is preempted by state oil and gas laws.

  • January 27, 2022

    'Street Level' Oxy Pusher Admits Tricking Ex-CEO's Company

    The Manhattan U.S. attorney's drug conspiracy case against former Rochester Drug Cooperative CEO Larry Doud inched toward completion Thursday after an opioid pusher told jurors he never met Doud and got meds from the company by lying about his pharmacy's operations.

  • January 27, 2022

    All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

    All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.

  • January 27, 2022

    Vision Biz To Pay $3.5M For Selling Non-Prescription Contacts

    The Federal Trade Commission has inked a $3.5 million settlement with Hubble Contacts to end claims that the online company sent out lenses that did not match customers' prescriptions and paid for positive reviews.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Intel Must Face Trimmed Microprocessor Security Flaw Suit

    An Oregon federal judge on Wednesday trimmed but refused to fully throw out a proposed class action accusing Intel Corp. of knowingly peddling defective microprocessors, ruling that consumers have adequately pled that Intel delayed disclosure of the purported defects after they were discovered in 2017.

  • January 26, 2022

    7th Circ. Dismisses Indiana Univ. Students' Vax Mandate Suit

    The Seventh Circuit tossed as "moot" a lawsuit filed by eight Indiana University students who opposed the institution's COVID-19 vaccine mandate, ruling that the case hinged on a single plaintiff who had withdrawn from the school.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    EPA Declines To Switch Up Ethylene Oxide Risk Calculation

    The U.S. Environmental Protection Agency on Wednesday proposed sticking with a Trump-era plan for assessing risks posed by ethylene oxide pollution, refusing requests for the agency to use a different risk calculation model that was developed by Texas environmental regulators.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Law Firms Seek $18.3M For $238M Deal To End 737 Max Suit

    Lieff Cabraser Heimann & Bernstein LLP and Friedlander & Gorris PA have told the Delaware Chancery Court that they are seeking roughly $18.3 million in connection with a proposed $237.5 million deal to end a shareholder derivative suit alleging that Boeing failed to adequately oversee development of 737 Max jets.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 25, 2022

    'Frankly Stunning': Distributors Pan DEA Vet At Opioid Trial

    Drug distributors sought Tuesday to torpedo some of the most important testimony so far in Washington state's opioid trial, asserting that a former U.S. Drug Enforcement Administration official "stunningly" impugned their conduct based on her personal views, not actual regulatory violations.

  • January 25, 2022

    Alsup Lambasts PG&E's 'Crime Spree' As Probation Ends

    U.S. District Judge William Alsup offered final comments on Pacific Gas & Electric Corp.'s likelihood of recidivism as the investor-owned utility's criminal probation expired Tuesday, writing in a filing that PG&E will likely continue its "crime spree" due to "systemic problems," and that he regrets not doing more.

Expert Analysis

  • And Now A Word From The Panel: 2021 MDLs In Review

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    The most notable trend in multidistrict litigation in 2021 was a 25% decrease in the number of new petitions for MDL proceedings — but a deeper dive into the numbers suggests that, on the whole, MDLs are thriving, and continuing to have a major impact, says Alan Rothman at Sidley.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • How New Laws Could Tighten FDA Regulation Of Cosmetics

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    Federal legislation on the use of perfluoroalkyl or polyfluoroalkyl substances and other ingredients in cosmetics has a good chance of passing this year, so companies should track policy developments, identify any PFAS ingredients in their cosmetic products, and prepare for possible new safety and reporting requirements, say attorneys at King & Spalding.

  • How Magistrate Judges Can Help Tame Large Product MDLs

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    As multidistrict product liability litigations swell in size, taking on board increasing numbers of individual cases that may lack merit, courts may want to consider employing magistrate judges to evaluate pending claims through streamlined summary judgment proceedings, says Douglas Smith at Aurelius Law Group.

  • What To Do As PFAS Food Packaging Phaseouts Approach

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    Attorneys at Hogan Lovells offer tips on compliance with the transition timeline for the federal phaseout of the chemicals known as PFAS from food packaging, the coming bans in California, New York, Maine, Vermont, Washington, Connecticut and Minnesota, and the states' differing definitions of packaging terms.

  • Corporate Boards Need Not Fear 7th Circ. Boeing Decision

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    The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

  • Context Is Key In Agriculture Equipment Manufacturer Defense

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    Federal policy changes on the horizon could add significant liability to agricultural equipment manufacturers, and when it comes to defending these product liability cases, manufacturers must provide the appropriate context on certain issues like the date of manufacture, so juries can more properly assess the evidence presented, says Reid Carpenter at Lightfoot Franklin.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • When Fair Notice Precludes Punitive Damages

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    The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.

  • Aviation Watch: Resolving The FAA-FCC Fight Over 5G

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    Concerns over interference with aircraft altimeters are delaying the U.S. rollout of 5G wireless technology, and it may take special action by the Biden administration to resolve the standoff between the Federal Communications Commission and the Federal Aviation Administration over the issue, says Alan Hoffman, a retired attorney and aviation expert.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Opinion

    Del. High Court Gets It Right With Opioid Nuisance Ruling

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    In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

  • Top 5 Drug And Medical Device Legal Issues Of 2021

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    Two years into the pandemic, COVID-19 continues to drive significant legal developments for drug and device companies, but opioid, personal jurisdiction and litigation funding trends are noteworthy as well, say attorneys at Faegre Drinker.

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