Product Liability

  • April 10, 2025

    Monsanto Can't Nix PCB Expert From 11th Seattle School Trial

    A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.

  • April 10, 2025

    Vanda Sues FDA To Block Off-Label Use Drug Promo Regs

    A pharmaceutical company, a Texas physician and an often-jet lagged traveler sued the U.S. Food and Drug Administration in Texas federal court Wednesday seeking to block marketing restrictions on the off-label uses of FDA-approved drugs, arguing that long-standing rules and Biden-era guidance runs afoul of the First Amendment.

  • April 10, 2025

    Puerto Rico Judge Says Atty Plagiarized Climate Complaint

    Calling it a "cautionary tale for all members of the bar," a Puerto Rico federal judge has upbraided an attorney representing San Juan for plagiarizing the complaint and other briefs in the municipality's lawsuit alleging energy industrial giants misrepresented the climate dangers of fossil fuel products.

  • April 10, 2025

    Online Advertising Co. Is Sued Over Use Of Tracking Cookies

    Digital advertising firm PubMatic Inc. engaged in vast and unauthorized tracking of the online lives of "hundreds of millions of Americans," which it later shared and sold to third parties, violating state and federal privacy laws, according to a proposed class action filed in California federal court.

  • April 10, 2025

    Pa. Family Blames Fatal House Fire On Prosthetic Arm Battery

    The surviving family members of a house fire that killed two people are suing prosthesis manufacturers Liberating Technologies Inc. and Ossur Americas Inc. and related companies in Pennsylvania state court, claiming the battery in a prosthetic arm that was being charged during the night started the fire.

  • April 10, 2025

    Holmes Seeks Full 9th Circ. Review Of Theranos Fraud Appeal

    Convicted Theranos Inc. founder Elizabeth Holmes has asked the Ninth Circuit for en banc review of a panel's decision to affirm her criminal fraud conviction and 11-year prison sentence, saying problems with the opinion included a "time-warping relevance theory."

  • April 10, 2025

    Purdue Cleared To Start Ch. 11 Claims Processing Early

    A New York bankruptcy judge on Thursday approved Purdue Pharma's request to appoint claims administrators and begin processing the tens of thousands of claims against the drugmaker, reasoning that doing so ahead of plan confirmation would enable the debtor to make faster distributions to creditors.

  • April 09, 2025

    Device Co. Suggested 'Crazy Glue' To Fix Fatal Flaw, Suit Says

    A widow has hit the medical device manufacturing subsidiaries of Bracco SpA with a wrongful death lawsuit in Mississippi federal court, claiming among other things that subsidiary ACIST Medical Systems Inc. suggested fixing a defective product with "crazy glue" or "Sharpie" after it caused her husband's death.

  • April 09, 2025

    Texas Bill 'Penalizes' Sex Assault Victims, Atty Warns

    A bill floated by Texas state lawmakers that would cap certain damages in personal injury lawsuits would prove devastating to sexual assault victims as it "penalizes" those who try to move on with their lives, according to an attorney who specializes in such cases.

  • April 09, 2025

    Mich. Panel: Gilead Immune From Recalled COVID Drug Suit

    Gilead Sciences Inc. has escaped a lawsuit pinning a man's strokes on doses of an antiviral COVID-19 medication that were later recalled, with a Michigan state appeals court finding that the company is protected by a public health law's liability shield.

  • April 09, 2025

    Native Company Escapes Deodorant False Ad Claims

    A proposed class action accusing the trendy Native deodorant, a Procter & Gamble brand, of overhyping its spray quality was dismissed on Wednesday, with a New York federal judge saying reasonable consumers do not think the company's "72-hour odor protection" promise means they'll get three stink-free days.

  • April 09, 2025

    EPA Asks DC Circ. To Extend Time In PFAS Case

    The U.S. Environmental Protection Agency has asked the D.C. Circuit for a temporary suspension in a case brought by water utility associations and chemical industry players over new rules about limits on forever chemicals in the nation's drinking water, given the new administration.

  • April 09, 2025

    Buchalter Adds Gordon Rees Environmental Litigator In SoCal

    Buchalter PC is expanding its litigation team, bringing in a longtime Gordon Rees Scully Mansukhani LLP environmental expert as a shareholder in its San Diego office.

  • April 08, 2025

    'There Is No Duty To The World,' Hyundai Tells 9th Circ.

    Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."

  • April 08, 2025

    FCA Seeks Sanctions For Driver Who Got Rid Of His Vehicle

    Fiat Chrysler Automobiles says a proposed class action over allegedly defective door panels in older model Dodge Chargers and Chrysler 300s should be ended, partly because the alleged defect isn't covered by a warranty and additionally because one of the drivers got rid of his car before the automaker could inspect it.

  • April 08, 2025

    Expert And 'Worthlessness Theory' Ejected In Valsartan MDL

    Patients and insurers who claim they were ripped off when purchasing the contaminated blood pressure medication Valsartan won't be able to argue that the drug was worthless as a matter of law, a New Jersey federal judge overseeing the multidistrict litigation has ruled, casting doubt that the plaintiffs will secure a full refund for their purchase.

  • April 08, 2025

    Porsche Seeks Toss Of Taycan EV Defect Suit

    Porsche Cars NA Inc. has asked a federal court to dismiss nearly all claims brought against it in a proposed class action alleging the carmaker failed to disclose or adequately repair a defect in its Taycan electric vehicles for the model years 2020-2024.

  • April 08, 2025

    Volvo Battery Defect Risks Plug-In Hybrid Fires, Suit Says

    Certain Volvo plug-in hybrid vehicles risk catching fire due to the Swedish automaker's faulty design and manufacturing of battery modules, one consumer alleged in a proposed class action filed Tuesday in Pennsylvania federal court.

  • April 08, 2025

    Wash. Smoke Shop Settles Exploding Vape Battery Suit

    An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.

  • April 08, 2025

    3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court

    3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.

  • April 08, 2025

    Design Co. Denied Exit From Hurricane Subrogation Suit

    A design contractor facing a $4 million subrogation action over hurricane damage to commercial HVAC units at an Amazon sorting facility can't rely on notice requirements in Florida's construction defect law, Chapter 558, to argue the plaintiff insurers are statutorily barred from seeking reimbursement, a Florida federal court ruled.

  • April 08, 2025

    BMW Faces Class Action Over Water Pump Fire Risk

    A driver has hit BMW with a proposed class action in North Carolina federal court over the manufacturer's recall of roughly 721,000 cars containing faulty water pumps that could leak and cause a fire.

  • April 08, 2025

    Plastics Group Loses Challenge To Calif.'s Pollution Subpoena

    A D.C. federal judge won't stop the California attorney general from enforcing a subpoena on a plastics industry group as part of an investigation into global plastics pollution, finalizing an earlier determination that his court lacks jurisdiction.

  • April 07, 2025

    Sig Sauer Says Gun Optics Recall Prevented Harm

    Gunmaker Sig Sauer has asked a Pennsylvania federal judge to toss a proposed class action filed against it over a recall involving battery-powered firearm optics, claiming the plaintiff decided to initiate litigation despite not suffering any negative effects from it.

  • April 07, 2025

    Birth Control Companies Escape Conn. Long-Arm Injury Suits

    Eight women who claim to have suffered severe and debilitating injuries after a birth control device — the Filshie Clip — implanted in their body migrated cannot sue in Connecticut state court the companies that designed, manufactured and distributed the clip, a judge has ruled, saying he doesn't have jurisdiction over the out-of-state companies.

Expert Analysis

  • 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.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

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