Product Liability

  • August 11, 2020

    Another CBD Buyer Class Action Awaits Pending FDA Rule

    A Massachusetts federal judge paused a proposed class action over the potency of CBD supplement products Tuesday, following three other federal courts in saying the suit can wait until the U.S. Food and Drug Administration releases long-awaited rules regulating the popular hemp-derived compound.

  • August 11, 2020

    Insurer Says It Needn't Cover Defective Cookie Machine Suit

    Hallmark Specialty Insurance Co. sued Kamflex Conveyor Corp. in California federal court Tuesday, seeking a declaration that it does not need to defend the company in an underlying suit over a defective cookie packaging machine.

  • August 11, 2020

    Insurer Off The Hook For $1.7M Faulty Oil Well Design Suit

    A Texas federal judge has ruled that Kinsale Insurance Co. has no duty to cover a $1.7 million suit against an oil consultant for designing and constructing a faulty oil well, saying an exclusion in its policy bars coverage for property damage arising from its operations.

  • August 11, 2020

    5th Circ. Keeps La. Coastal Drilling Suits In State Court

    The Fifth Circuit on Monday kept in Louisiana state court lawsuits alleging oil and gas companies unlawfully drilled along the state's coast for decades, rebuffing the companies' latest bid to remove to federal court the suits lodged by Louisiana parishes.

  • August 11, 2020

    Auto Alliance, Chamber Rip 9th Circ.'s VW Tampering Ruling

    The U.S. auto industry's largest trade group and the Chamber of Commerce told the Ninth Circuit that allowing state and local governments to regulate post-sale updates to vehicles would create a hopelessly unmanageable patchwork of regulation that would throw the automotive industry into chaos.

  • August 11, 2020

    Fears Of Virus And Distracted Jury Won't Stop Asbestos Trial

    A California judge declined Tuesday to postpone an impending San Francisco jury trial in an asbestos suit against Honeywell International and others, overruling defense attorneys' concerns that in-person trials amid the COVID-19 pandemic are unsafe and that remote jurors can be inattentive as they juggle home life and jury service.

  • August 11, 2020

    REI Pushed Ineffective Hand Sanitizer Amid Virus, Suit Says

    Outdoor gear retailer Recreational Equipment Inc. and a Massachusetts hand sanitizer company sought to capitalize on the COVID-19 pandemic by falsely marketing an alcohol-free product as a "proven alternative to alcohol sanitizers," according to a putative class action filed in federal court Tuesday.

  • August 11, 2020

    Fluoride Risk Question Headed Back To EPA After Trial

    Following a bench trial over the risks of adding fluoride to drinking water, a California federal judge told the challengers to file a new administrative petition with the U.S. Environmental Protection Agency so it can consider the substance's risks with the benefit of new evidence.

  • August 11, 2020

    Tenn. DAs' Sackler Claims Still Blocked By Purdue Ch. 11

    A New York federal judge won't let a group of Tennessee district attorneys pursue claims against the former president of Purdue Pharma LP, saying Tuesday their argument that a judgment against Richard Sackler wouldn't affect the Chapter 11 case "makes absolutely no sense."  

  • August 11, 2020

    Boeing Rips Southwest Flight Attendants' 737 Max Safety Suit

    Boeing told an Illinois federal judge that Southwest Airlines flight attendants suing to recover lost wages from the 737 Max's global grounding have made far-fetched claims that Boeing overhyped the jets' safety and locked Southwest, one of its most loyal airline customers, into rigid contracts.

  • August 11, 2020

    Ex-Theranos CEO's Criminal Trial Moved To 2021 Due To Virus

    A California federal judge on Tuesday delayed former Theranos CEO Elizabeth Holmes' criminal jury trial from October to March in light of challenges posed by the coronavirus pandemic, but he shortened the parties' proposed pretrial briefing schedule by about two weeks.

  • August 11, 2020

    FDA Pressed To Take E-Cigs Off Market During Pandemic

    Lawmakers on Tuesday called on the U.S. Food and Drug Administration to take e-cigarettes temporarily off the market during the pandemic, saying that there's scientific evidence that e-cigarette users are more likely to be diagnosed with COVID-19.

  • August 11, 2020

    Supplier Wants Claim Axed From EQT's $18M Faulty Valve Suit

    A drilling industry supplier urged a Pennsylvania federal judge Monday to throw out what it said were duplicative claims over alleged breaches of contract and warranty in an $18 million suit over purportedly faulty gas well valves sold to EQT Corp.

  • August 11, 2020

    Energizer Wants False Ad Suit To Keep Going And Going

    Energizer Brands LLC is pushing a New York federal court to keep alive its suit alleging that Duracell U.S. Operations Inc. falsely claims its premium batteries perform better than all others, saying Duracell's bid for an early win is a straw man argument that misconstrues Energizer's complaint.

  • August 10, 2020

    Arizona Must Face Bulk Of 'All Natural' Gummy Labeling Suit

    Though a New York federal judge on Monday trimmed claims from a proposed class action alleging that Arizona Beverage Co. falsely labels its gummy snacks as "all natural," she found that the company still has to face allegations that it violated numerous state consumer protection laws.

  • August 10, 2020

    Lawyer Says Thalidomide Client's Claims Are Years Late

    A Waters Kraus & Paul LLP attorney called on a Pennsylvania federal court Monday to toss her onetime client's allegations that the lawyer misled her about when a suit over the purported link between the drug thalidomide and birth defects would be resolved, saying the woman filed her claims too late.

  • August 10, 2020

    Allergan Says Breast Implant MDL Claims Are Preempted

    Allergan Inc. is urging a New Jersey federal court to throw out claims in multidistrict litigation alleging that it hid the health risks of its textured breast implants, saying that because the implants' design, manufacture and marketing were approved by the Food and Drug Administration, the claims are preempted by federal law.

  • August 10, 2020

    LA Vape Flavor Ban Survives Tobacco Industry Challenge

    A California federal judge on Friday threw out a lawsuit brought by a group of tobacco companies challenging a ban on flavored tobacco products put in place by Los Angeles County, saying federal law gives states and localities the power to ban the sale of tobacco products.

  • August 10, 2020

    Opioid Cos. Say NY Trial Shouldn't Be Livestreamed

    Opioid companies on Monday told a New York state judge that the trial and upcoming hearings over the state's claims that they fueled the opioid crisis shouldn't be livestreamed, saying since courts transitioned to virtual proceedings because of the coronavirus pandemic, not one court has used livestreaming to ensure public or press access.

  • August 07, 2020

    Drivers Seek Sanctions Against BMW In Defective Engine Suit

    Five BMW drivers who opted out of a nationwide class action lawsuit told a Massachusetts federal court the automaker should face sanctions for repeatedly refusing to hand over discovery, despite the fact that the court has previously ruled that the type of document requested is relevant.

  • August 07, 2020

    Nationwide Beats Construction Defect Suit At 11th Circ.

    The Eleventh Circuit held that an Alabama district court wrongly applied federal rather than Alabama state laws when determining privity in a suit between a homeowner and contractor, freeing Nationwide Mutual Fire Insurance Co. from defending the contractor's allegedly botched work.

  • August 07, 2020

    JPML Consolidates Profemur Hip Implant Suits In Ark.

    The Judicial Panel on Multidistrict Litigation sent nearly four dozen suits alleging Wright Medical Technology Inc. and MicroPort Orthopedics Inc. sold defective hip implants to Arkansas federal court over the objections of the companies.

  • August 07, 2020

    Ex-NFL Players' Painkiller Suit Revived By 9th Circ.

    The Ninth Circuit on Friday revived a suit by former National Football League players alleging the league made them take opioids and other painkillers to get back on the field before they were healthy.

  • August 07, 2020

    NAACP Wants Seat At Table In Purdue Bankruptcy Case

    The NAACP on Friday asked a New York bankruptcy judge for a seat at the table in the Purdue Pharma Chapter 11, saying it needs to ensure a fair share of the proceeds of the case's opioid settlement goes to communities of color.

  • August 07, 2020

    Honeywell Must Face Asbestos Suit, Ohio Appeals Court Says

    An Ohio appeals court on Thursday revived a widow's suit against Honeywell alleging that her late husband was exposed to asbestos in its brake products, finding that a jury could conclude that her husband's mesothelioma was caused by his exposure.

Expert Analysis

  • Opinion

    FDA Should Follow FTC For Influencer Health Post Rules

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    As paid partnerships between influencers and pharmaceutical companies and the spread of COVID-19 misinformation increase, the U.S. Food and Drug Administration should modernize its social media guidance to match the Federal Trade Commission's, say Reena Jain and Carly Kessler at Robins Kaplan.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Cos. Can Sell Future Asbestos Liabilities To Avoid Bankruptcy

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    Bankruptcy has become an increasingly common solution for asbestos defendants, but the sale of contingent liabilities to a third party may provide a less complex and costly resolution of asbestos claims, say Milan Ceppi and Charles Oswald at Financial Asset Recovery Analytics.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • COVID-19 Reveals Tensions In Food Packaging Supply Chain

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    COVID-19 has shone a spotlight on the balance in the food manufacturing and packaging industries between efficiency and the responsibility to meet regulatory standards — and is a reminder that companies that identify alternatives while things go right will benefit greatly when things go wrong, says Daniel Rubenstein at Steptoe & Johnson.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Cos. Should Track Microplastic Research And Regulations

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    Microscopic plastic particles in the environment are a major emerging concern for regulators in the U.S. and internationally — and with the regulatory framework evolving concurrently with scientific research on health and environmental impacts, companies must monitor developments closely, say Tara Paul and Willis Hon at Nossaman.

  • Opinion

    Courts Are Right To Scrutinize Food Labeling Suits

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    While putative class action filings against the food and beverage industry over often baseless allegations around food labeling persist during the COVID-19 pandemic, it is fortunate that judges are dismissing many of these cases based on a lack of any plausible theory of deception, say attorneys at Perkins Coie.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Online Retailer Liability Could Soon Take New Shape In Calif.

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    Amazon has so far prevailed in court battles over extending product liability to online marketplaces like itself, but a new California bill and a case currently on appeal to the Ninth Circuit could change that, say Steven Geise and Annika Mizel at Jones Day.

  • COVID-19 Liability Considerations For Nonmedical Businesses

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    While some businesses, especially in the health care sector, have been afforded protection from COVID-19 liability, others have not — so companies should carefully review the state of immunity legislation in their jurisdictions, and consider legal issues around causation, foreseeability, notice and nuisance claims, say Kathleen Carrington and Mitchell Morris at Butler Snow.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

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