Product Liability

  • May 29, 2025

    GM Gets Initial OK For $150M Engine Defect Post-Trial Deal

    A California federal judge on Thursday said he'd grant preliminary approval to a $150 million deal General Motors reached with car buyers over an engine defect following a trial verdict against the auto giant that class counsel said, with prejudgment interest, would have cost the company more than $270 million.

  • May 29, 2025

    Monsanto Won't Get Damages Offset In $100M PCB Tort Loss

    A Washington state judge has denied Monsanto's bid to reduce the latest $100 million verdict in a chemical poisoning tort series that's yielded more than $1 billion in punitive damages, concluding that the agro-chemical giant hid the health dangers of PCBs for decades in pursuit of profit.

  • May 29, 2025

    TikTok Can't Duck NY Suit Over Kids' Mental Health

    TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.

  • May 29, 2025

    Conn. Group Home To Mediate $13.4M Death Appeal

    An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.

  • May 29, 2025

    DOJ Officially Files To Drop Boeing 737 Max Conspiracy Case

    The U.S. Department of Justice on Thursday formally moved to drop its criminal conspiracy case against Boeing over the deadly 737 Max 8 crashes and asked a Texas federal judge to vacate the June 23 trial date, saying a $1.1 billion nonprosecution agreement is a meaningful resolution that holds the company accountable.

  • May 29, 2025

    Big Oil Caused Woman's Heat Wave Death, Novel Suit Says

    The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."

  • May 29, 2025

    Bahraini Co. Lobs Fraud Suit Over Faulty Paving Machine

    A Bahraini company that once sought government contracts repaving roads in the Middle East sued an Ohio asphalt recycling machine manufacturer on Wednesday, accusing it of fraudulently trying to pass off an inferior repurposed machine as new and then skipping out on a contractually mandated arbitration.

  • May 29, 2025

    Kids Launch New Climate Case Over Trump Energy Orders

    The U.S. government on Thursday was hit with a fresh lawsuit from youths alleging that federal energy policies harm their future by exacerbating climate change, specifically targeting President Donald Trump's executive orders aimed at boosting fossil fuels.

  • May 29, 2025

    Deere Says No Monopoly, Seeks End Of Right-To-Repair Suit

    Deere & Co. is pushing to end a suit from the Federal Trade Commission and five states alleging it violated the Sherman Act by restricting access to its repair tools and services, saying it doesn't participate in the repair market so it can't have a monopoly.

  • May 29, 2025

    RJ Reynolds Lied About Carbon Offset Of Vapes, Suit Says

    A group of California vape users is suing R.J. Reynolds Vapor Co. and its U.S. and British affiliates in federal court, alleging that its claims that the Vuse vape is the first carbon-neutral electronic cigarette are misleading.

  • May 28, 2025

    Insurers Get Meta MDL Coverage Fight Kicked Back To Del.

    A California federal judge has ruled that Meta Platforms' sprawling dispute with dozens of insurers over coverage for personal injury multidistrict litigation belongs in Delaware state court, where two Hartford Insurance Group units first sued, rejecting Meta's claims Hartford acted in bad faith in suing in Delaware, along with other arguments.

  • May 28, 2025

    NRC Has No Defense For New License Rules, DC Circ. Told

    Two anti-nuclear power groups are contending before the D.C. Circuit that the U.S. Nuclear Regulatory Commission is offering inconsistent arguments in defense of updated regulations for renewing nuclear power plant operating licenses.

  • May 28, 2025

    3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case

    The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.

  • May 28, 2025

    Drugmaker LIVation Fights Novo Nordisk's Trademark Claims

    A Connecticut company, accused by Novo Nordisk Inc. of breaking trademark and unfair trade practices laws by comparing its compounded drugs to Ozempic, says it has taken down online posts the pharma giant challenged in April, claiming Novo Nordisk can no longer prove ongoing harm.

  • May 28, 2025

    Class Suit Against AI Drugmaker Back On After Mediation Fails

    After the parties failed to settle through mediation, a Connecticut federal judge has unpaused the latest iteration of a proposed class action accusing artificial intelligence-driven drugmaker BioXcel Therapeutics Inc. of false and misleading statements about U.S. Food and Drug Administration compliance issues surrounding a dementia drug.

  • May 28, 2025

    Mallinckrodt Investors Get Initial OK For $5.5M Settlement

    Investors of drugmaker Mallinckrodt received preliminary approval of their $5.5 million settlement with two executives and a director of the company Wednesday, ending the investors' claims they were misled into believing Mallinckrodt had recovered from bankruptcy and would make a $200 million payment to opioid claimants.

  • May 28, 2025

    Berkshire Hathaway RV Maker Wants End To Defect Suit

    A Berkshire Hathaway company is urging a Montana federal court to throw out the last remaining claims in a suit alleging it made and sold RVs with dangerous wiring defects, saying the plaintiff hasn't shown any evidence of actual damage or that the company was aware of any defects before he bought it.

  • May 28, 2025

    China Can't Duck PPE Hoarding Claims By Fla. Medical Pros

    A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.

  • May 28, 2025

    Coca-Cola Sued Over '100% Natural Flavors' In Sprite, Fanta

    The Coca-Cola Co. deceptively labels its Sprite and Fanta brands of sodas as being made with "100% natural flavors" despite that they contain synthetic sweetener ingredients and additives like citric acid and aspartame, according to a proposed class action filed Tuesday in California federal court.

  • May 28, 2025

    Skadden Lands Kirkland Trial Ace In Chicago

    Skadden Arps Slate Meagher & Flom LLP is expanding its litigation team, announcing Wednesday it is bringing in a Kirkland & Ellis LLP trial lawyer as a partner in its Chicago office.

  • May 27, 2025

    Bluebird Bio Beats Investor Suit Over FDA Cancer Warning

    Massachusetts-based biotechnology company Bluebird Bio Inc. has beaten a shareholder suit accusing it of misleading investors about the likelihood of the U.S. Food and Drug Administration's decision requiring a "black box warning" on one of its products due to the cancer risk it posed.

  • May 27, 2025

    Philips Can't Nix Suit Over Sleep Machine Catching Fire

    Medical equipment company Philips cannot end a lawsuit claiming its sleep apnea breathing machine caught fire in the middle of the night, burning a woman's face and consuming her home, a North Carolina federal judge ruled, saying the adult daughter of the victim, who died due to an unrelated illness, can remain the plaintiff.

  • May 27, 2025

    Texas Legislature Sends THC Ban To Governor's Desk

    Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.

  • May 27, 2025

    Gorsuch Says Oak Flat Ruling Will Harm Native Generations

    The Supreme Court's decision to deny an Apache nonprofit's petition that looked to save a centuries-old Arizona Indigenous worship site from destruction to make way for a multibillion-dollar copper mine is a grievous mistake with consequences that threaten to reverberate for generations, Justice Neil Gorsuch said in a Tuesday dissent.

  • May 27, 2025

    Bayer, Monsanto On Hook For $611M Roundup Cancer Awards

    A Missouri appellate panel Tuesday affirmed a trial court's $611 million award reduced from a jury's $1.56 billion verdict for three people who claimed their cancer was caused by Bayer unit Monsanto Co.'s Roundup weedkiller, saying a law professor's testimony about a Ninth Circuit decision was not prejudicial.

Expert Analysis

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

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