Product Liability

  • March 18, 2024

    Plaintiffs Call For Sanctions Over PFAS MDL Deal Threat

    A proposed class in multidistrict litigation against DuPont and others alleging they contaminated drinking water with PFAS chemicals is urging a South Carolina federal court to sanction attorneys for a California water service, saying they violated court rules in their latest objections to a settlement.

  • March 18, 2024

    Can EPA Shut Down State Air Plans? The Battle Isn't Over

    The D.C. Circuit reversed some U.S. Environmental Protection Agency vetoes of state air quality plans that gave power plants and other facilities a break when they exceed air emissions limits when they're starting up, shutting down or malfunctioning, but the court's decision wasn't a complete loss for the EPA and opened avenues for new litigation.

  • March 18, 2024

    EPA Bans Most Common Asbestos In 'Cancer Moonshot' Rule

    The U.S. Environmental Protection Agency on Monday finalized a ban on the most prevalent variety of asbestos, the first asbestos risk management rule issued since the Toxic Substances Control Act was amended in 2016.

  • March 18, 2024

    Chicago Can Keep $26M Willis Tower Suit In Federal Court

    A federal judge in Illinois has declined to send a $26 million lawsuit against the City of Chicago over rain damage at Willis Tower back to state court, finding the Metropolitan Water Reclamation District of Greater Chicago acts under federal authority in maintaining the minimum water levels dictated by the U.S. Army Corps of Engineers.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    Awning Maker Can't Shade Itself From CPSC Defect Lawsuit

    Awning maker SunSetter can't evade claims it concealed an allegedly deadly defect by arguing that the U.S. Consumer Product Safety Commission is unconstitutional, a Massachusetts federal judge ruled, leaning on a Fifth Circuit ruling that may not be long for this world.

  • March 15, 2024

    ​​​​​​​Chiquita MDL Experts Aren't Reliable, Parties Say

    A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.

  • March 15, 2024

    Aircraft Co. Says Charter Co. Shifting Blame For Fatal Crash

    A Washington judge has consolidated five lawsuits linked to a 2022 seaplane accident that killed 10 people, rejecting opposition from De Havilland Aircraft of Canada Ltd., which said a co-defendant flight company is trying to pin the blame on the plane manufacturer.

  • March 15, 2024

    Boeing Supplier Sued Over 737 Max Door Plug's Missing Bolts

    A new lawsuit in Washington state court over a Boeing 737 blowout that endangered an Alaska Airlines flight takes aim at Spirit AeroSystems, the manufacturer of the door plug that ruptured from the fuselage, for allegedly not installing necessary bolts and fittings.

  • March 15, 2024

    Enfamil Maker Hit With $60M Jury Verdict In Infant Death Suit

    An Illinois jury has awarded $60 million to the mother of an infant who died after using Mead Johnson's Enfamil formula, a loss for the company in the first of hundreds of suits to go to trial alleging certain cow's milk-based formulas cause a fatal illness in premature infants. 

  • March 15, 2024

    SEC, VW Reach $48.7M Deal To End 'Clean Diesel' Fraud Suit

    The U.S. Securities and Exchange Commission and Volkswagen Group of America Finance told a California federal court on Friday that they have reached a $48.7 million settlement to end claims that the automaker defrauded U.S. investors in its scheme to cheat emissions standards in its vehicles.

  • March 15, 2024

    Conservative Law Group Asks Justices To Hear FDA Vape Suit

    A free-market advocacy group and a vape industry association are urging the U.S. Supreme Court to upend the U.S. Food and Drug Administration's decision denying a manufacturer permission to sell flavored vapes, arguing that the FDA is "moving the goalposts" when it comes to what kind of data is needed when applying.

  • March 15, 2024

    Dykema Hires MehaffyWeber Shareholder In Houston

    Dykema Gossett PLLC has added a product liability attorney from MehaffyWeber who spent almost six years with the firm working on toxic torts, commercial litigation and a range of other liability issues, Dykema announced Thursday.

  • March 14, 2024

    DOJ, FTC Tell Copyright Office To Expand Right To Repair

    Federal law enforcement and trade officials said Thursday that the U.S. Copyright Office should not only retain a policy that gives consumers more leeway to fix things like cars, it should also expand those protections to things like industrial equipment.

  • March 14, 2024

    PE Firm Riverspan Agrees To Pay $32M For Barretts' Assets

    Barretts Minerals Inc. told a Texas bankruptcy court Thursday that a unit of private equity firm Riverspan Partners had won an auction for its assets with a $32 million cash offer, money that the talc-mining company intends to use to fund a settlement trust for alleged victims of asbestos exposure. 

  • March 14, 2024

    FTC Says Consolidation Endangering Infant-Formula Market

    The Federal Trade Commission has found the country's small number of baby formula manufacturers and the effects of a federal nutrition program contributed to shortages in 2022 and are still making the supply chain vulnerable to disruption.

  • March 14, 2024

    Norfolk Southern Must Face Most Derailment Suit Claims

    Norfolk Southern must face the bulk of the claims in consolidated suits brought over a train derailment and subsequent chemical spill in East Palestine, Ohio, a federal judge ruled in a spate of opinions that also kept intact most of the rail giant's third-party claims against a chemical company and two railcar leasing firms.

  • March 14, 2024

    Mont. Youths Urge State High Court To Uphold Climate Ruling

    A group of youth plaintiffs on Wednesday urged the Montana Supreme Court to uphold a state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions.

  • March 14, 2024

    Ford Slammed For Bid To 'Sidestep' Faulty Axle-Bolt Suit

    Two Washington SUV owners suing Ford for allegedly slacking on safety in newer Explorer models have accused the vehicle maker of trying to "sidestep liability" in their proposed class action by pointing to two recalls that didn't address the design flaw at issue.

  • March 14, 2024

    Fla. High Court Denies Atty Reinstatement After Bar Objection

    Florida's high court on Thursday denied the reinstatement of a Jacksonville-area attorney who was suspended after filing numerous unauthorized tobacco-related claims, saying he failed to produce "clear and convincing evidence" that he was rehabilitated after selling his firm to a longtime acquaintance under whom he was to be supervised.

  • March 14, 2024

    Sidley Product Liability Ace Jumps To Shook Hardy In LA

    Shook Hardy & Bacon LLP has brought on a longtime Sidley Austin LLP partner and practice co-chair with expertise in large, high-stakes class action litigation and product liability around pharmaceuticals, medical devices and more to its product liability practice group in Los Angeles.

  • March 14, 2024

    NJ Law Firm Avoids Malpractice Suit Over Texas Kratom Death

    A Lone Star State appeals court let the New Jersey-based Oshman Firm LLC off the hook on jurisdictional grounds Thursday in a malpractice lawsuit filed by a Texas father who faulted the firm for not filing a wrongful death lawsuit before the statute of limitations expired.

  • March 14, 2024

    In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit

    Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.

  • March 14, 2024

    Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'

    A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.

  • March 14, 2024

    Whirlpool Can't Toss Defect Suit Over Ice Buildup In Fridges

    A California federal judge has declined to throw out a putative class action claiming Whirlpool hid a defect in its refrigerators that led to cooling failures due to frost buildup, finding the suit sufficiently alleged Whirlpool knew of the problem since it issued technical service pointers noting customers could possibly experience buildup.

Expert Analysis

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

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