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Product Liability
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
Zuckerberg Rejected Mental Health Filter Policy, States Say
Meta Platforms Inc. knows its platforms are used by millions of underage children and its CEO Mark Zuckerberg personally shot down a proposed policy to ban image filters found to be harmful to social media users' mental health, according to a newly unsealed version of states' lawsuit filed last week.
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November 27, 2023
3M, Other Cos. Beat 11 Million-Member PFAS Class At 6th Circ.
The Sixth Circuit on Monday vacated a district court's order certifying a class of 11 million Ohio residents who claim 3M, Chemours and other companies put their health at risk by manufacturing and selling products with "forever chemicals," instructing the lower court to toss the "ambitious" case.
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November 27, 2023
Target's 'Reef-Conscious' Sunscreen Is A Lie, Suit Alleges
Target was hit with a proposed class action on Monday in Florida federal court accusing the retailer of selling sunscreen that is falsely labeled as containing a "reef-conscious formula" when it actually uses ingredients that are harmful to coral reef ecosystems.
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November 27, 2023
Gaming Patent Trial Paused Amid Criminal Probe Of Bot Fraud
A California federal judge has pushed mobile game-maker Skillz's December patent infringement trial against rival AviaGames to February after Skillz alleged AviaGames used bots to "cheat the public," which sparked a criminal grand jury investigation.
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November 27, 2023
Rail Group Wants Calif. Locomotive Regulations Derailed
The Association of American Railroads says train emissions regulations adopted by the California Air Resources Board are preempted by the Interstate Commerce Commission's Termination Act of 1995, arguing in litigation over the state's authority that the ICC law broadly keeps state and local authority from regulating rail transportation.
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November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference
Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
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November 27, 2023
Barretts Minerals Pressured To Move Ch. 11 Case To Montana
The Texas bankruptcy case of Barretts Minerals Inc. should be moved to Montana because the company's ties to Texas are tenuous, the Future Claimants Representative for asbestos victims told the court Monday.
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November 27, 2023
John Deere Can't Avoid Trial In Right-To-Repair Monopoly Suit
John Deere must face a proposed class action alleging that it limits competition for farm equipment repairs by preventing unaffiliated repair shops from acquiring necessary tools, an Illinois federal judge ruled Monday, saying the proposed class has sufficiently shown that it exercises monopoly power.
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November 27, 2023
GM Drivers Ask 6th Circ. To Revive Truck Emissions Suit
Drivers urged the Sixth Circuit on Monday to revive their consolidated proposed class action accusing General Motors of rigging certain Chevrolet Silverado and Sierra vehicles with emissions-cheating software, saying their state law deceptive marketing claims don't conflict with federal law.
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November 27, 2023
Shell, BP Can't Nab Fed. Venue In Climate Row, 9th Circ. Says
The Ninth Circuit on Monday rejected five of the world's largest oil and gas companies' attempt to remove climate change litigation spearheaded by San Francisco and Oakland to California federal court, citing numerous prior rulings answering the same jurisdictional question.
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November 27, 2023
Pharma Cos. Taking Discovery Disputes To Alabama Judge
Two pharmaceutical companies embroiled in a suit over allegedly misrepresented fluoride supplements are each asking an Alabama federal judge to step in to help resolve discovery disputes.
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November 27, 2023
Dems' Victory Lap: Michigan's Biggest Legislation Of 2023
Lansing's first Democratic majority in 40 years passed measures to bar discrimination, repealed a product-liability shield for pharmaceuticals and rolled back the previous decade of Republican labor policy. Law360 takes a look at some of the most impactful laws passed in Michigan this year.
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November 24, 2023
AstraZeneca Denies COVID Vaccine Defective After Clot Claim
AstraZeneca UK Ltd. has hit back at a claim filed by a software engineer that a "defective" COVID-19 vaccine caused him to develop blood clots, telling a London court that people were generally not entitled to expect that the vaccine would be entirely risk-free.
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November 22, 2023
Pharmacy's Coverage Didn't Transfer Post-Merger, Court Told
An insurer urged a Texas federal judge Wednesday to rule in its favor on claims that it needn't cover a veterinary pharmacy in an underlying dispute over the deaths of two horses, arguing that coverage did not automatically transfer to the pharmacy after a merger.
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November 22, 2023
School Plaintiffs' Leadership Tapped In Social Media MDL
Facebook and other social media platforms are facing massive multidistrict litigation accusing them of harming young people by purposely making their platforms addictive, and counsel for the suing school districts will have a seat at the leadership table, a California federal judge has ruled.
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November 22, 2023
Trustee Says Asbestos Insurance Litigation Must Stay In Texas
The trustee of a defunct machine company asked a Texas appeals court to allow his case seeking defense coverage for underlying asbestos injury litigation to remain in the state, arguing company insurers' requests to move matters to Kentucky lacked merit.
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November 22, 2023
Pa. Justices Say Small Share Of Big Business Can't Nix Venue
A company that does only a small percentage of its overall business in a venue like Philadelphia can still be sued there if its contacts were nevertheless consistent, the Supreme Court of Pennsylvania ruled Wednesday.
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November 22, 2023
Wash. Gun Magazine Ban On Hold While 9th Circ. Mulls Matter
A challenge to Washington state's large-capacity firearm magazine ban has been put on ice pending a decision from the Ninth Circuit, which is set to hold a full-panel review of a similar ban in California.
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November 22, 2023
FDA Resource Latest Move To Prevent Baby Formula Scarcity
The U.S. Food and Drug Administration has published a one-page tip sheet for the makers of infant formula and other critical foods to educate the food manufacturing industry about a new requirement mandating that companies plan for supply chain or other disruptions that could impact the availability of infant formula.
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November 22, 2023
Pharma Co.'s Complaint Is Over Nonexistent Recall, FDA Says
The U.S. Food and Drug Administration said SCA Pharmaceuticals LLC can't sue the agency for recommending a voluntary recall of its Connecticut-made products following an inspection of its facility because there was no formal recall on record.
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November 22, 2023
3rd Circ. To Rehear EPA Oil Refinery Permit Case
The Third Circuit has agreed to rehear a case to clarify its interpretation of the law after it previously held that the U.S. Environmental Protection Agency couldn't force an existing oil refinery to get a strict air quality permit that only applies to newly constructed facilities.
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November 22, 2023
Widow Can Seek Punitive Damages In Tesla Autopilot Suit
A Florida state judge will allow the wife of a man killed when his Tesla hit a tractor trailer in March 2019 to pursue punitive damages against the automotive company, finding that the evidence in the case forms a "reasonable basis" from which a jury could conclude that Tesla Inc. knew its Autopilot feature was defective.
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November 22, 2023
Cannabis Co. Trulieve Sued In Mass. Over Worker's Death
The family of a woman who died last year of an asthma attack that began while she worked in a Massachusetts cannabis processing plant has sued the marijuana company and its contractors in state court, alleging that their misconduct and negligence were responsible for her death.
Expert Analysis
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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How Social Media Can Affect Trial Outcomes
With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Why Hemp-Synthesized Intoxicants Need Uniform Regs
State laws regulating hemp-synthesized intoxicants are a patchwork with little consistency between any given state, and without the adoption of a uniform regulatory framework, producers and consumers alike will need to be very cautious, say Dylan Anderson and Seth Goldberg at Duane Morris.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Analyzing The Legal Ripples Of The EPA's PFAS Regulation
As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.