Product Liability

  • May 08, 2025

    Delta Passenger Sues Over Hot Water Spill Incident

    A Delta Air Lines Inc. passenger burned by hot water midflight says flight attendants brushed off her pain instead of seeking medical assistance, and that the beverage served was "excessively hot," according to a lawsuit filed in Michigan federal court on Thursday.

  • May 08, 2025

    NJ Transit Must Face Suit Over Light Rail Crossing Death

    A New Jersey appellate panel overturned a trial court's decision granting New Jersey Transit immunity in a wrongful death lawsuit, saying that railroad immunity did not apply to a woman who was lawfully using a pedestrian crossing.

  • May 08, 2025

    NC Failed To Act On PFAS Pollution, Chemours, EIDP Say

    Arguing that North Carolina knew about forever chemical releases from a manufacturing facility for decades but never acted on that information, two DuPont spinoffs said most of the state's lawsuit over alleged contamination can't proceed.

  • May 08, 2025

    Elizabeth Holmes Loses Bid For Full 9th Circ. Rehearing

    The Ninth Circuit said Thursday it will not reconsider a panel decision refusing to throw out the conviction and 11-year prison sentence of Theranos Inc. founder Elizabeth Holmes.

  • May 08, 2025

    Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.

    A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.

  • May 08, 2025

    Asbestos Spinoff Ch. 11 Could Upend US Law, 4th Circ. Told

    Georgia-Pacific's asbestos unit Bestwall and injury claimants on Thursday accused each other of trying to fundamentally rewrite U.S. law as they argued before the Fourth Circuit on the claimant committee's attempt to have Bestwall's Chapter 11 case thrown out of court.

  • May 08, 2025

    Wash. Justices Uphold Ban On Large-Capacity Gun Magazines

    The Washington State Supreme Court on Thursday said that a state law banning the sale of large-capacity magazines for firearms was constitutional, in an opinion that said the law was not in conflict with recent U.S. Supreme Court rulings expanding gun rights.

  • May 08, 2025

    Pa. Panel Backs $175M Roundup Verdict Against Monsanto

    Bayer AG unit Monsanto has failed to erase a $175 million verdict awarded to a man who alleged his cancer was caused by using the company's flagship weedkiller Roundup, with the Pennsylvania Superior Court ruling Thursday that a Philadelphia jury's verdict in his favor was fair.

  • May 08, 2025

    Trulieve Wants Cannabis Concentrate Potency Suit Tossed

    A group of cannabis companies and sellers led by Trulieve Holdings Inc. on Wednesday asked an Arizona federal court to throw out a man's claim that they mislabel cannabis edibles as concentrates to get around state THC limits, saying he has no standing to sue and the products are exactly what they are labeled as.

  • May 07, 2025

    FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight

    A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.

  • May 07, 2025

    Fla. City Residents' Suit Over Corroded Water Pipes Revived

    A Florida state appellate court on Wednesday reinstated a proposed class action alleging negligence against the city of Miramar and a consultant over improperly treated tap water that led to damaged pipes in homes, saying the complaint sufficiently claimed the city assumed a duty to make sure water wasn't corrosive.

  • May 07, 2025

    Glove Box Warranty Supports Arbitration In EV Suit, FCA Says

    An attorney for FCA US LLC told a Michigan federal judge Wednesday that agreements in so-called glove box warranties are enough to send a class action alleging the automaker knowingly sold certain electric vehicles with defective batteries to arbitration, while a lawyer for the consumers said such a request is "unprecedented."

  • May 07, 2025

    Investors Fight J&J, Kenvue Bid To Nix IPO Fraud Suit

    A New Jersey federal judge shouldn't reconsider his decision to sustain IPO fraud claims against pharmaceutical giant Johnson & Johnson and a former subsidiary, investors suing the companies said Wednesday by arguing that the judge was right to find that the companies should have disclosed a "serious challenge" to the effectiveness of a common medication ingredient in public filings.

  • May 07, 2025

    Fertility Co. Accused Of Selling Bogus Tests Wasting Embryos

    Women who sought fertility treatment filed a proposed class action against CCRM Fertility in Colorado federal court Wednesday, alleging the fertility clinic chain "aggressively" marketed its preimplantation genetic testing to thousands of vulnerable patients despite knowing the test is unreliable and wasted preciously limited, viable embryos.

  • May 07, 2025

    Zurich Wants Midtrial Win In Fluor $300M Bad-Faith Case

    Insurer Zurich urged a federal judge Wednesday to find midtrial that former policyholder Fluor has failed to prove up a case for bad-faith refusal to settle regarding a $300 million lead pollution payout, saying there's been no evidence Zurich ever received a proper offer.

  • May 07, 2025

    Texas Bill May Limit Full Redress For Personal Injury Victims

    A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.

  • May 07, 2025

    Politics, Tech Issues Top Concerns At Chicago Risk Event

    Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.

  • May 07, 2025

    Del. Justices Deny Bid To Revive Carvana Insider Trading Suit

    Delaware's Supreme Court rejected a bid by Carvana stockholders to revive insider trading claims against the father of the company's CEO, alleging the senior businessman controlled the online car retailer and used inside information when selling $3.7 billion in shares.

  • May 07, 2025

    Splenda Maker Can't Claim Scientist's Research Is 'Defamation'

    A North Carolina federal judge has partially dismissed claims from the maker of sweetener Splenda alleging that a scientist defamed the company by saying in a television interview that Splenda contains a harmful chemical, saying accurately stating the results of her research is protected by the First Amendment.

  • May 07, 2025

    Baltimore Claims Big Tobacco 'Playbook' Hooked Kids On Zyn

    The city of Baltimore hit Philip Morris International Inc. with a consumer protection lawsuit in circuit court Wednesday, accusing the tobacco giant of violating a local ordinance by using "Big Tobacco's well-developed playbook" to deceptively market flavored Zyn nicotine pouch products and hook a new generation of nicotine users.

  • May 07, 2025

    Canadian Asbestos Miner Seeks Ch. 15 To Wrangle Lawsuits

    A Quebec mining company asked a New York bankruptcy judge to recognize Canadian insolvency proceedings where it hopes to resolve thousands of asbestos personal injury lawsuits across multiple jurisdictions.

  • May 06, 2025

    Pornhub Can't Challenge Section 230 Ruling With Fast Appeal

    An Alabama federal judge Tuesday denied Pornhub parent company MindGeek's request to appeal his finding that the platform isn't protected by Section 230 of the Communications Decency Act against claims it profited from child sex trafficking and pornography.

  • May 06, 2025

    CO2 Conversion Co. Sues Wash. Neighbor Over Toxic Fumes

    A carbon conversion technology firm has launched a lawsuit in Washington federal court over noxious gases that have allegedly drifted onto its state project site from a neighboring chemical storage facility, making conditions "unbearable" for workers building a new sustainable aviation fuel plant.

  • May 06, 2025

    Whole Foods Beef Buyers Urge Judge Not To Wait On Justices

    An attorney for a group of consumers alleging Whole Foods falsely advertises its beef as free from antibiotics urged a California federal judge Tuesday not to wait for a pending U.S. Supreme Court ruling about class certification standards for uninjured members, saying that all the purchasers were injured because they paid inflated prices. 

  • May 06, 2025

    Delta Must Keep Battling Customers' Trimmed IT Outage Suit

    A Georgia federal judge on Tuesday threw out the bulk of customers' proposed class action over the 2024 global tech outage that disrupted thousands of flights, while permitting a handful of customers to move forward with claims that Delta owed them refunds.

Expert Analysis

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • And Now A Word From The Panel: Ballpark Lessons For MDLs

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    The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • The Fashion Industry Should Prep Now For State PFAS Bans

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    New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Defense Insights As PFAS Consumer Product Claims Rise

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    Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

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