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Product Liability
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March 28, 2024
Judge Powers Down Lenovo Computer Crashing Claims
A Michigan federal judge on Wednesday scrapped a proposed class action claiming Lenovo marketed a computer as reliable when it allegedly suffered from performance issues, saying the company never promised the computer wouldn't freeze or crash.
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March 28, 2024
Claims Trimmed In Trader Joe's Chocolate Heavy Metals Suit
A California judge has dismissed five out of nine claims in a consolidated complaint alleging that Trader Joe's Co. misled consumers by failing to disclose that its dark chocolate bars contain heavy metals, finding that the complaint doesn't do enough to allege that the amounts are actually dangerous.
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March 28, 2024
Meta Says Speech Immunity Dooms Instagram Addiction Case
Meta on Thursday asked a Massachusetts judge to toss a lawsuit alleging it has intentionally misled users about Instagram features purportedly designed to addict children and teens, saying it is shielded both by federal law and the First Amendment.
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March 28, 2024
Reynolds Falsely Hypes Foil As 'Made In USA,' Suit Says
Reynolds Wrap misleadingly claims its aluminum is made in the United States although a significant amount of aluminum production takes place elsewhere, and none of the bauxite ore used to make it is mined in the U.S., according to a proposed class action filed in New York federal court.
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March 28, 2024
FDA Warns 61 Stores Over Illegal Vape Sales
The U.S. Food and Drug Administration this week sent warnings to 61 retailers for selling illegal Lava and Elf Bar cigarettes, saying that both of the unauthorized brands are popular with young people.
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March 28, 2024
Spokeo Accused Of Flouting NJ Judicial Protection Law
Spokeo Inc., the people search database provider, violated New Jersey state law by not removing information about law enforcement personnel from its database after requests were filed, a data privacy company contends in a lawsuit.
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March 28, 2024
Insurer's $1.37M Suit Over Stolen Walmart Flare Gun Misfires
An Oregon federal judge has thrown out a $1.37 million suit from Ascot Specialty Insurance Co. against Walmart Inc. seeking to hold the retailer liable for a fire started by a stolen flare gun, saying the insurer has failed to show how Walmart is responsible for a third party's criminal acts.
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March 27, 2024
Tribes Want Climate Change Row With Oil Cos. In State Court
Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.
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March 27, 2024
Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'
A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."
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March 27, 2024
Judge Trims Porsche EV Charging Speed Fraud Claims
A Georgia federal judge has narrowed the scope of a proposed class action that alleges Porsche sold defective chargers for its flagship electric car and then throttled their charging speed to make up for the design weakness, finding the plaintiff's fraud and breach of warranty claims fall short.
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March 27, 2024
LG Chem Mostly Wins Discovery Feud In Vape Battery Suit
A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.
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March 27, 2024
On Deck In JPML: Baby Food, 23andMe Privacy, NCAA
The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.
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March 27, 2024
9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.
The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."
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March 27, 2024
Casino Beats Suit Over Diabetic Customer's Fall
A now-shuttered floating casino that was moored in Lake Michigan can't be held liable for the fall of a longtime patron who injured her hip after tripping in a hallway that connected two boats, an Illinois federal court has ruled, finding the patron couldn't support any element of her premises liability claim.
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March 27, 2024
Fla. Panel Reverses $43M Judgment In Tobacco Suit
Florida's Third District Court of Appeal on Wednesday reversed a $43 million judgment against Philip Morris USA Inc. in a wrongful death case, issuing a split decision stating that hearsay testimony allowed during the trial wasn't offered to prove that the female decedent believed filtered cigarettes were safe.
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March 27, 2024
CoreLogic Sued For Violating NJ Judicial Protections Law
A proposed class action removed to New Jersey federal court on Tuesday accuses property data company CoreLogic of failing to comply with a state law requiring it to delete records of certain public officials, including judges and law enforcement officials.
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March 27, 2024
Smucker Needn't Pay Multiple Limits For Tainted Jif Row
J.M. Smucker Co. does not have to satisfy the retained limit for 225 underlying claims seeking damages for salmonella-contaminated Jif peanut butter individually before being eligible for coverage, an Ohio federal judge ruled, holding that the underlying claims constituted a single occurrence.
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March 27, 2024
6th Circ. Won't Rethink $25M Crash Award Against Nissan
Nissan North America Inc. still can't offload a $25 million award against it for a fatal crash onto a brake supplier, as the Sixth Circuit panel that ruled against it has said it will not reconsider its ruling, and the full court has declined to take up the matter.
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March 26, 2024
EPA Pressed On Cost, Strength Of Slaughterhouse Water Rule
Meat and poultry industry groups and environmentalists are clashing over how strict the U.S. Environmental Protection Agency's water quality regulations for slaughtering, processing and rendering facilities should be, while local regulators urged a focus on feasibility.
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March 26, 2024
Subaru Can't Duck Suit Over Starlink Infotainment Defect
A New Jersey federal judge on Tuesday declined to throw out a proposed class action alleging the Starlink infotainment system in certain Subaru vehicles is defective, throwing out one plaintiff's state consumer protection claim, while allowing the remaining claims to go forward.
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March 26, 2024
Baltimore Bridge Collapse: What We Know So Far
The overnight collapse of Baltimore's Francis Scott Key Bridge, after being struck by a container carrier Tuesday, will trigger multiple inquiries into maritime and vessel safety, as well as bridge design and engineering standards, that experts say will have significant implications for future lawsuits, regulatory actions and infrastructure rebuilding efforts.
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March 26, 2024
AI Weapons Detector Faces Investor Suit After Gov't Probes
Evolv Technologies, which makes metal detectors that purportedly use artificial intelligence to detect weapons, is facing a proposed shareholder class action in Massachusetts federal court alleging that false claims about its products' abilities to screen for types of tactical knives and guns led to federal investigations and share declines.
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March 26, 2024
Conagra Can't Sink Sustainable Fishing False Ad Suit
An Illinois federal judge trimmed but refused to toss a proposed class action claiming Conagra Brands Inc. deceptively labels its seafood products as sustainable when the fish is sourced with methods harmful to oceans, saying the customers have sufficiently alleged the phrase "Good for the Environment" is deceptive.
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March 26, 2024
Combat Arms Earplugs Settlement Moves To Final Resolution
More than 249,000 U.S. service members who claimed they suffered permanent hearing loss due to 3M's allegedly faulty combat earplugs have signed onto the $6 billion settlement, boasting "more than 99%" participation, according to a Tuesday announcement by the company.
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March 26, 2024
Opioid Public Nuisance Claims 'Unique,' Ohio High Court Told
Counsel for two Ohio counties that won a $650 million verdict against Walmart, CVS and Walgreens told the Ohio Supreme Court on Tuesday that opioids are a "unique" problem during oral arguments about whether the counties' public nuisance claims are blocked by the state's product liability law.
Expert Analysis
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How Color Psychology Can Help Tell Your Trial Narrative
Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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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.