Product Liability

  • June 28, 2022

    Texas AG Investigates Walmart's Opioid Sales Practices

    Texas Attorney General Ken Paxton on Tuesday said his office is investigating Walmart for potential violations of the state's Deceptive Trade Practices Act in the retail giant's sales of prescription opioids.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    Calif. Panel Won't Disqualify Law Firm In Pipe Maker's Fight

    A California appellate panel upheld on Tuesday a lower court's refusal to disqualify Pillsbury Winthrop Shaw Pittman LLP from representing Victaulic Co. in its multimillion dollar coverage fight with three AIG units, rejecting arguments that the firm's attorneys obtained relevant confidential information on AIG while at a previous firm.

  • June 28, 2022

    State AGs Press FDA To Cut Toxic Metals In Baby Food

    Attorneys general from 22 states have urged the U.S. Food and Drug Administration to step up efforts to eliminate toxic metals in baby food, chiding the agency for missing an April deadline to propose limits for lead.

  • June 28, 2022

    Veteran Opposes 3M's Gov't Contract Defense In Earplug Suit

    A U.S. Army veteran who won $1.7 million over hearing loss attributed to 3M earplugs hit back at the company's attempt to revive the dispute, telling the Eleventh Circuit that a lower court correctly shut down its bid to claim immunity as a government contractor.

  • June 28, 2022

    Calif. Court Tosses LG Exploding Battery Suit

    A San Diego man who suffered burns after a battery he used for vaping exploded in his pocket can't sue the manufacturer, a subsidiary of LG Corp., a California state appeals court ruled, saying the maker tried to prevent him from buying it.

  • June 28, 2022

    Daikin Can't Take Bid To End PFAS Claims To Ga. Justices

    A Georgia federal judge has rejected Daikin America Inc.'s bid to ask the state's Supreme Court or the Eleventh Circuit to weigh in on whether it and other manufacturers of per- and polyfluoroalkyl substances could be held liable for water pollution in Georgia.

  • June 28, 2022

    Ex-Mass. AG Returns To Foley Hoag As AG Practice Co-Chair

    Former Massachusetts Attorney General Martha Coakley has rejoined Foley Hoag LLP after a stint with embattled e-cigarette maker Juul and will be co-chairing its state attorney general practice, the firm announced Tuesday.

  • June 28, 2022

    Rising Star: Seeger Weiss' Parvin K. Aminolroaya

    Seeger Weiss LLP's Parvin K. Aminolroaya was appointed co-lead counsel in multidistrict litigation against Johnson & Johnson pharmaceutical unit Janssen over its Elmiron bladder cyst medication and helped a veteran win a $55 million verdict against 3M in an MDL over its earplugs, earning her a spot among the product liability attorneys under age 40 honored by Law360 as Rising Stars.

  • June 27, 2022

    As Opioid Trial Ends, Judge Jokes Of 'Generous' Time Limits

    A San Francisco federal judge who put strict time limits on a bellwether bench trial in multidistrict opioid litigation noted Monday that both sides wrapped up their cases within their allotted 45 hours, prompting him to wonder to courtroom chuckles if he "was just too generous."

  • June 27, 2022

    Opioid Distributors Cut $250M Deal With Holdout Okla. AG

    McKesson, Cardinal and AmerisourceBergen have agreed to pay $250 million to resolve Oklahoma Attorney General John O'Connor's claims the opioid distributors fueled the Sooner State's opioid crisis — months after O'Connor rejected a nationwide deal that he claimed would have short-changed Oklahomans, according to a statement Monday from O'Connor.

  • June 27, 2022

    Ga. Judges Say Dietary Supplement Label Suit Is FDA Issue

    A plaintiff can't pursue his deceptive product labeling case against a Georgia dietary supplement maker because it deals with unanswered questions under the Food and Drug Administration's purview, the Georgia Court of Appeals has held.

  • June 27, 2022

    La. Enviro Agency Can't Join Pollution Suit, 5th Circ. Told

    The Louisiana Department of Environmental Quality can't be sued for allegedly failing to inform landowners about pollution at a valve plant because the law doesn't allow tort claims against state agencies, Dresser LLC, Baker Hughes and others have told the Fifth Circuit.

  • June 27, 2022

    Balwani's Trial Features Tears, Tension And Holmes' Shadow

    On the heels of ex-Theranos CEO Elizabeth Holmes' high-profile trial and conviction, former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial has had its own memorable moments, from contentious exchanges between defense counsel and the judge to emotional witness testimony.

  • June 27, 2022

    Meta Says Section 230 Bars Suit Over Girl's Death By Suicide

    Meta Platforms Inc. has urged a California federal judge to toss claims that bullying and sex trafficking on its allegedly addictive platforms caused a minor's death by suicide, arguing it can't be held liable for the conduct of third parties.

  • June 27, 2022

    PacifiCorp Can't Keep Fire Claims In Federal Court

    A fight between PacifiCorp and California and Oregon residents over wildfire damages has been sent back to state court after a judge determined that the forest where the blaze started isn't a federal enclave over which federal courts have jurisdiction.

  • June 27, 2022

    9th Circ. Keeps Calif. Climate Change Cases In State Courts

    The Ninth Circuit on Monday stood by its decision that climate change suits brought by local governments in California against fossil fuel companies belong in state court.

  • June 27, 2022

    Nautilus' $7M Class Deal Over Treadmill Speeds Gets Final OK

    An Ohio federal judge on Monday gave the final OK to a class-action settlement worth $7 million – which includes a seven-figure attorneys' fee award – against fitness equipment maker Nautilus Inc. over claims the company sold treadmills with weaker-than-advertised horsepower.

  • June 27, 2022

    Ditching Live Testimony For Declarations Is Risky, Attys Say

    U.S. courts should move cautiously before embracing written statements at bench trials in lieu of live direct examination testimony, lawyers tell Law360, cautioning that their recent use in a high-stakes opioid trial doesn't mean the practice — which is standard in the U.K. — should be widely adopted at home.

  • June 27, 2022

    Toshiba Defends $500M Hydro Plant Work In Bid To Duck Suit

    Toshiba Corp. wants to avoid a suit claiming it turned over shoddy work and missed deadlines overhauling a hydroelectric plant, arguing the work was fine and the allegations fall outside the bounds of the $500 million contract.

  • June 27, 2022

    McGlinchey Adds Liability, Employment Atty In New Orleans

    McGlinchey Stafford PLLC announced last week that it hired an employment and litigation attorney as a member in its New Orleans office.

  • June 27, 2022

    Rising Star: Lieff Cabraser's Phong-Chau G. Nguyen

    Lieff Cabraser Heimann & Bernstein LLP partner Phong-Chau G. Nguyen has played a role in some of the largest product liability cases in recent years, including multidistrict litigation in the automotive industry that resulted in multibillion-dollar settlements, earning him a spot among the product liability attorneys under age 40 honored by Law360 as Rising Stars.

  • June 27, 2022

    High Court Won't Hear $87M Monsanto Roundup Appeal

    The U.S. Supreme Court on Monday declined to review an $87 million verdict awarded to a couple who claimed that Monsanto's Roundup weedkiller caused their blood cancer, the second time in a week that the high court has rebuffed the Bayer AG unit's appeals over the herbicide.

  • June 27, 2022

    Prescriber Intent Matters In Opioid Cases, High Court Rules

    Prosecutions under the Controlled Substances Act for the excessive prescribing of opioids and other addictive drugs must show that doctors knew they lacked a legitimate medical purpose, the U.S. Supreme Court ruled Monday in a defeat for the U.S. Department of Justice.

Expert Analysis

  • EPA's New PFAS Listings Raise Enforcement, Litigation Risks

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    The U.S. Environmental Protection Agency's recent addition of five per- and polyfluoroalkyl substances to a list of risk-based values for regional screening and removal management levels increases the risks of litigation and government enforcement related to PFAS contamination — and companies should prepare for a roller coaster of further regulatory actions, say attorneys at Alston & Bird.

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • When A Nonmanufacturer Is The 'Apparent Manufacturer'

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    A recent Washington state case addressed consumer expectations with respect to a manufacturer's advertisements, which is a reminder that retailers can be held liable for products they don't manufacture based on labeling and advertising under the apparent manufacturer doctrine, say Christopher Carton and Jasmine Owens at Bowman and Brooke.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Why Medical Product Cos. Must Watch Dobbs Decision

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    The U.S Supreme Court's pending Dobbs v. Jackson Women's Health decision, which may reverse Roe v. Wade, could cause a broad range of medical product companies to become targets for civil or even criminal litigation, says Eric Alexander at Reed Smith.

  • Lingering Questions After 9th Circ.'s Delta-8 TM Ruling

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    The Ninth Circuit’s recent holding in AK Futures v. Boyd Street that Delta-8 THC is legal should theoretically lead to the issuance of federal registration for marks covering such products, but key questions remain on intellectual property rights, congressional priorities, regulators’ stance and state law, say attorneys at Goodwin.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • CBD Cos. Must Beware COVID Claims Amid Gov't Scrutiny

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    In light of the latest batch of warning letters issued jointly by the U.S. Food and Drug Administration and Federal Trade Commission, CBD companies should ensure their websites and social media do not make misrepresentations about their products’ ability to treat or prevent COVID-19, says Michelle Bodian at Vicente Sederberg.

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