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Product Liability
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October 31, 2024
Gaming Website's 'Coins' Violate Conn. Law, Fraud Suit Says
The company behind virtual gaming websites Chumba Casino and Sweepstakes Casino was hit with a proposed class action from Connecticut residents who claim they were defrauded by the company, one month after state regulators ordered it to shut down its operation.
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October 31, 2024
FDA Warns Cos. Over E-Cigs That Look Like Tech Devices
The U.S. Food and Drug Administration has issued warnings to nine online retailers and one manufacturer for selling unauthorized disposable e-cigarettes with features that look like smart technology that may appeal to young people, such as the capacity to play games or play music.
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October 31, 2024
Valero To Pay 'Historic' $82M Fine For Bay Area Air Pollution
Valero Refining Co. will pay a record $82 million penalty to settle claims that it failed to report cancer-causing emissions from its Northern California petroleum refinery for nearly two decades, state and Bay Area air pollution regulators announced Thursday, saying nearly all of the fine will fund local community projects.
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October 31, 2024
Flint Water Case Paused For 'Advanced' Settlement Talks
Days after a jury trial meant to decide whether a water firm failed to properly warn of the dangers of the city of Flint's water was delayed a second time, a Michigan federal judge paused two bellwether cases because of "advanced settlement negotiations" between individual plaintiffs and the firm.
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October 31, 2024
LA Hits Pepsi, Coca-Cola With Plastic Waste, Deception Suit
Los Angeles County hit PepsiCo Inc. and The Coca-Cola Co. with a California state suit claiming the longtime soft drink rivals are spouting falsehoods about recycling's ability to address their single-use plastic waste and flooding the environment with growing amounts of harmful plastic despite pledges to reduce it.
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October 31, 2024
Fridge Owners Seek OK On Whirlpool Defect Suit Settlement
A proposed class of refrigerator owners is asking a California federal court to give the go-ahead to a settlement to resolve claims that Whirlpool Corp. sold refrigerators with a defect that caused food to spoil or go moldy.
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October 31, 2024
Enviros Call On EPA To Address Petcoke Plant Water Pollution
A dozen environmental groups filed a petition Thursday demanding the EPA implement national water pollution standards for petroleum coke processing plants, which they said have slipped through the Clean Water Act's protections.
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October 31, 2024
Ga. Private Pilot Sue Engine Co. After Golf Course Landing
A Georgia man filed suit against a division of Avco Corp. alleging that the engine had failed in a small plane that he had rented, forcing him to crash-land on a golf course in Illinois, injuring him and his family.
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October 31, 2024
BREAKING: Abbott, Mead Cleared In Baby Formula Trial
A St. Louis jury cleared Abbott Laboratories and Mead Johnson of liability Thursday in the companies' first joint trial over claims their baby formula causes a serious gut condition in preterm infants.
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October 31, 2024
Judge Asks If Full 6th Circ. Needs To Settle Emissions Conflict
A Sixth Circuit judge expressed discomfort Thursday with the possibility his panel could be asked to declare that colleagues made conflicting calls in separate suits alleging carmakers deceived consumers about vehicle sustainability, wondering if the full circuit needed to weigh in.
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October 31, 2024
6th Circ. Judge Frets Tech Updates Could Stymy Class Actions
Sixth Circuit judges closely questioned Thursday whether claims about faulty automatic braking systems in certain Nissan cars should proceed as a class or if different software versions divide the class irreconcilably, prompting one judge to wonder about the case's implications for an age of ubiquitous software updates.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
IFC Projects Must Do More On Emissions, Report Says
An accountability arm of the International Finance Corp. is encouraging it to bolster its methods to identify and mitigate greenhouse gas emissions from financed projects, saying its current approaches are not fully up to date and limit its effectiveness in addressing global warming.
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October 31, 2024
Firms Fight Bid To Revive Malpractice Suit Over Liability Case
Two firms are asking the Delaware Supreme Court to affirm the dismissal of a malpractice suit filed by parents over damages sought for their child's "catastrophic injuries," allegedly caused by contamination from a chicken plant.
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October 30, 2024
Jury Told Abbott, Mead Owe 'Astronomical' Sum Over Formula
Lawyers for a premature baby who developed a serious gut condition after being given formula made by Abbott and Mead Johnson asked a jury to deliver an "astronomical" punishment in closing arguments Wednesday while the companies said formula's only sin is it can't protect preterm infants like breast milk can.
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October 30, 2024
Calif. Panel Axes $10.6M Abex Asbestos Verdict
A California appellate panel has thrown out a $10.6 million asbestos verdict against Pneumo Abex LLC and ordered a new trial, finding that the trial court erred in granting a directed verdict that rejected the now-bankrupt braking lining manufacturer's sophisticated user defense.
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October 30, 2024
Dole Whip Buyer Says Labels Belie Artificial Ingredients
Dole Food Co. falsely lauds its Dole Whip products as containing "no artificial ingredients," despite the sweet snacks containing manufactured citric acid and other artificial additives, according to a consumer's proposed class action filed Wednesday in California federal court.
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October 30, 2024
Judge Stops Arbitration Of Connecticut Trial Firm Breakup
A Connecticut Superior Court judge has issued an emergency order temporarily restraining the CEO of a law firm known for high-dollar trial verdicts from arbitrating a dispute over the practice's breakup after onetime partner Andrew P. Garza filed suit late last week.
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October 30, 2024
Google's Bid To Depose AG Has Texas Appeals Judge 'Extremely Troubled'
A Texas appeals court raised concerns about Google's claim that it had the right to depose the Texas Office of the Attorney General, with a justice saying during oral arguments Wednesday that giving Google a green light to interview lawyers representing the state could open a legal can of worms.
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October 30, 2024
More Than Half Of Cos. Slow With Antirobocall Compliance
Fewer than half of U.S. phone companies have finished installing equipment to stop scam robocalls in the three years since the adoption of Federal Communications Commission standards for robocall mitigation, according to a new report from a consumer watchdog group.
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October 30, 2024
Dental Co. Exec Found Dead After Missed Fraud Sentencing
An ex-CEO of a dental device company was found dead after he did not appear in Seattle federal court last week for sentencing in a $10.7 million fraud scheme, the U.S. Attorney's Office for the Western District of Washington said Wednesday.
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October 30, 2024
Publix Denied Early Win Over Opioid Coverage Defense
A Florida federal court rejected Publix's bid for defense cost coverage for dozens of public nuisance lawsuits related to the opioid crisis, finding that the damages sought are too far removed from particular bodily injuries caused "because of" opioid addiction, as required in Publix's policies.
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October 30, 2024
3M Says Excess Insurers Must Cover PFAS Claims
Manufacturing giant 3M said its excess insurers must cover claims alleging injury and damage because of exposure to so-called forever chemicals in the company's products, telling a Delaware state court that the claims fall squarely within the scope of coverage promised in the policies.
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October 30, 2024
Auctioneer Fights Transfer Of Defamation Suit Against Braves
An auction house pushed back Tuesday on the Atlanta Braves' bid to dismiss or transfer a suit over the team's claims that the auctioneer was selling phony memorabilia, including a home plate allegedly tagged by Hank Aaron after hitting his record home run, arguing that the team should be held accountable by Texas courts.
Expert Analysis
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Newly Acquired Information Can Be Key In Drug Label Cases
The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.