Product Liability

  • April 07, 2025

    Michigan AG Plans To Sue PCB Makers, Issues Call To Firms

    Michigan Attorney General Dana Nessel said she was looking to hire outside firms to pursue litigation against manufacturers of polychlorinated biphenyls on behalf of her office.

  • April 07, 2025

    AGs Announce $335M Opioid Deal With Mylan

    New York Attorney General Letitia James on Monday said her office and those of other states reached a $335 million deal with Mylan to help combat the opioid crisis.

  • April 07, 2025

    NYC Sues Vape Cos. For Selling Flavored E-Cigs

    The city of New York sued nine major distributors of electronic cigarettes on Monday, mirroring a related suit filed by the state in February alleging that the distributors are violating state and federal law by selling flavored products.

  • April 07, 2025

    Conn. Healthcare Facility Seeks To Flip $13.4M Death Verdict

    An assisted living facility has asked the Connecticut Appellate Court to throw out a $13.4 million jury verdict surrounding a patient's death, arguing his estate improperly added a time-barred Patient Bill of Rights claim months before trial and didn't adequately prove a breathing apparatus failed.

  • April 07, 2025

    Ford Says Drivers Can't Sue Over Rare As 'Meteorite' Defect

    Ford Motor Co. has urged a Michigan federal court to toss a class action alleging the automaker failed to fix through a recall a defect in its SUVs that can cause fires under the hood, arguing the vehicle owners cannot bring claims based on a defect it called "almost as rare as being struck by a meteorite."

  • April 07, 2025

    WilmerHale Welcomes Back Ex-Mass. Criminal Chief

    WilmerHale announced Monday the addition of a longtime Boston federal prosecutor and former criminal division head, who returns to the firm after leading major prosecutions, including a deadly meningitis outbreak and McKinsey & Co.'s work with Purdue Pharma to market OxyContin.

  • April 07, 2025

    Meta May Not Scroll Past 'Clever' Instagram Addiction Suit

    Meta Platforms Inc. may struggle to convince Massachusetts' top court to dismiss a suit claiming it illegally hooks kids on Instagram, according to experts, who credit the state's attorney general for a creative legal strategy to thwart web platforms' usual defenses.

  • April 07, 2025

    Justices Won't Hear Lion Air Family's Boeing Jury Trial Bid

    The U.S. Supreme Court on Monday declined to hear a challenge to a more than century-old law governing fatal accidents on the high seas, curtailing an effort from the estate of a 737 Max crash victim to get Boeing to face a jury trial over the 2018 Lion Air incident.

  • April 07, 2025

    Supreme Court Declines Review Of NY Concealed Carry Law

    The U.S. Supreme Court said Monday that it won't review a New York state law requiring "good moral character" as a prerequisite to obtaining a gun permit, passing on an opportunity to resolve what firearm rights advocates called a circuit split on how the high court's decision in Bruen is interpreted.

  • April 07, 2025

    Boeing Again Settles Ethiopian 737 Max Cases On Eve Of Trial

    Boeing has agreed to settle two wrongful death cases over the Ethiopian Airlines 737 Max crash just before a damages trial was scheduled to start in Chicago federal court on Monday.

  • April 04, 2025

    Ad Watchdog Nabs Hunton Andrews Partner To Lead Division

    The National Advertising Division has tapped a former Hunton Andrews Kurth LLP partner and onetime chief of staff for advertising practices at the Federal Trade Commission to lead the industry self-regulatory body that's charged with ensuring advertisers are adhering to stringent truth and accuracy standards.

  • April 04, 2025

    Bigelow Drinkers Overpaid 11% Due To 'USA' Label, Jury Told

    An expert testifying for a California class of R.C. Bigelow tea purchasers on Friday told a federal jury considering damages caused by false advertising claims that the class overpaid by 11.3%, or $3.26 million, due to a "Manufactured in the USA 100%" label the judge already found is deceiving.

  • April 04, 2025

    Bayer Wants Supreme Court To Review Roundup Litigation

    Bayer subsidiary Monsanto has asked the U.S. Supreme Court to review a Missouri jury's $1.2 million award to a man who claimed that Roundup weed killer caused his cancer, arguing that courts are split on whether federal law preempts state failure-to-warn claims like the claims in this case.

  • April 04, 2025

    Fed. Circ. Backs Ruling Against Parents In Vaccine Case

    The Federal Circuit has upheld a lower court's ruling in a Vaccine Act case brought by parents of a child who has seizures and developmental delays, finding that they failed to show that his conditions were caused by vaccines.

  • April 04, 2025

    House Dem Seeks Caffeine Warnings After Student Death

    Fast food chains and energy drink makers should be required to slap a "high caffeine" warning on certain beverages, a U.S. House Democrat said, announcing his intention to push such a bill while standing next to the parents of a University of Pennsylvania student who died after drinking a now-discontinued caffeinated drink.

  • April 04, 2025

    Kia's Defective Seat Caused Wife's Paralysis, Driver Says

    A Kia owner filed a negligence suit against the automotive giant in Pennsylvania state court Thursday alleging that a defective design of the front passenger seat frame in his 2022 Kia Sorento caused his wife to become paralyzed after the couple was rear-ended by a Chevy pickup truck driver.

  • April 04, 2025

    Meta Wins Bid To Transfer Del. MDL Coverage Fight To Calif.

    The Judicial Panel on Multidistrict Litigation sent a Delaware insurance-coverage dispute between Hartford, Chubb Group entities and Meta to California where underlying personal-injury litigation is centralized, finding that although the parties accuse each other of forum shopping, "we are not inclined to finely parse which is the guiltier party."

  • April 04, 2025

    Sports Group Looks To Muzzle Maryland Gun Liability Law

    A sports shooting and hunting group has asked a Maryland federal court to prevent the state from enforcing a law that holds gun manufacturers liable for gun-related crimes, which the group says contradicts the U.S. Constitution and federal statute.

  • April 04, 2025

    GSK Inks $67M Deal To Resolve Zantac Cancer Risk FCA Suit

    GlaxoSmithKline PLC cut a $67.5 million deal to resolve allegations that it defrauded federal health insurance programs by hiding that its heartburn drug Zantac can decompose into a carcinogen while still in the bottle, ending a case that began in 2019 and was unsealed last year.

  • April 03, 2025

    Optum, Express Scripts Want Judge Ousted From Opioid MDL

    Pharmacy benefit managers Optum and Express Scripts say the Ohio federal judge overseeing multidistrict opioid litigation should recuse himself because he "regularly communicates" with plaintiffs' attorneys in the litigation and is biased in favor of plaintiffs, according to a motion filed Wednesday.

  • April 03, 2025

    3 Ways The Trump EPA Could Impact The Chemical Industry

    The U.S. Environmental Protection Agency's potential deregulatory actions, staffing reductions and shifts in scientific practices portend changes for the chemical industry that could ultimately benefit the sector. Here, Law360 looks at three key areas of concern for the chemical industry.

  • April 03, 2025

    Wash. Justices To Hear Amazon Chemical Suicide Suits

    The Washington Supreme Court will review whether Amazon can be sued under the state's product liability law for the online sale of a chemical that four people used to kill themselves, in cases brought by family members that were dismissed by a lower appellate court.

  • April 03, 2025

    3M, DuPont Sued Over Ga. Carpet Industry's PFAS Pollution

    A Georgia environmental group and a farm owner have sued 3M Co., DuPont de Nemours Inc. and other companies involved in the state's carpeting manufacturing industry, seeking to hold them liable for "forever chemical" contamination in the Conasauga River.

  • April 03, 2025

    Gun Website Can't Sue Facebook Over Removal, Panel Says

    A Pennsylvania appeals court said Thursday it won't order Facebook and Instagram to ​reinstate an online gun marketplace's banned social media accounts, saying there is no valid claim that a state agent violated the company's free speech rights.

  • April 03, 2025

    Helicopter Manufacturer Can't Nab Win In Mont. Crash Suit

    A Montana federal judge on Thursday said that there's a genuine factual dispute about whether aircraft maker Kaman acted with malice or disregard of injury in a suit accusing it of defectively designing a helicopter that crashed and killed a pilot fighting a wildfire.

Expert Analysis

  • AV Compliance Is Still A State-By-State Slog — For Now

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    While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • What Bisphenol S Prop 65 Listing Will Mean For Industry

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    The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • 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.

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