Product Liability

  • March 17, 2025

    LA Settles Suit Over Port's Alleged Pollutant Discharges

    Los Angeles and an environmental nonprofit announced they have settled a Clean Water Act suit filed this past summer in federal court that accused the city of violating its wastewater discharge permit by exceeding limits on dangerous pollutants dispersed into the San Pedro Bay.

  • March 17, 2025

    Insurer Drops Claims That Lamp Cos.' Negligence Caused Fire

    A Detroit cannabis farm and its insurance company have agreed to drop a lawsuit alleging a host of lighting and gardening equipment manufacturers negligently designed and marketed their products, after a grow lamp malfunction led to a fire that caused more than $8.5 million of damage at a grow facility.

  • March 17, 2025

    NC AG Fights TikTok's Early Exit From Addiction Suit

    North Carolina is pushing back on TikTok's bid to sidestep a lawsuit accusing it of knowingly addicting young users to its platform, arguing that the state court has jurisdiction because the company has engaged directly with "over a million children and teens" within its borders.

  • March 17, 2025

    Union, Green Groups Fight EPA Bid To Redo Biden TSCA Rule

    Labor unions and green groups are asking the D.C. Circuit to reject the U.S. Environmental Protection Agency's bid to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.

  • March 17, 2025

    Seeger Weiss Atty Tapped To Lead Depo-Provera Plaintiffs

    A Florida federal judge on Sunday selected Christopher Seeger of Seeger Weiss LLP to lead the team representing plaintiffs in the multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera.

  • March 14, 2025

    ExxonMobil Brings $14M Clean Air Act Suit To High Court

    ExxonMobil on Friday urged the U.S. Supreme Court to overturn both a "radically divided" en banc Fifth Circuit's opinion upholding $14.25 million in air pollution penalties as well as a decades-old high court ruling concerning redressability, saying it was being made to pay penalties environmental group plaintiffs won't even receive.

  • March 14, 2025

    Fort Worth's Unwieldy PFAS Suit Against Gov't, Cos. Gets Split

    A Texas federal judge on Friday ruled that Fort Worth's $420.6 million suit seeking to hold the federal government and various manufacturers liable for PFAS contamination must be split into separate cases, or risk being too unwieldy and confusing for jurors.

  • March 14, 2025

    Ford Bronco TM Suit Looks Under Hood Of Vintage Market

    Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.

  • March 14, 2025

    LG Unit Must Face Ga. Jury Over Exploding Battery Claims

    LG Chem America Inc., a subsidiary of Korea's LG Chem Ltd., can't toss a suit from a man who claims one of its lithium ion batteries exploded in his pocket, after a Georgia state court judge ruled the company may not have done enough to prevent its batteries being misused for vapes.

  • March 14, 2025

    US Trustee Pans Pump Co.'s $9M Asbestos Insurance Deal

    The U.S. Trustee's Office has challenged a proposed $9 million settlement between a Chapter 7 trustee for a bankrupt Connecticut pump company and two insurers, saying the agreement nonconsensually deprives third parties of their asbestos-related personal injury claims against the insurance carriers.

  • March 14, 2025

    Antigua Clinic Accused Of Lying About 'Miracle' Cancer Cure

    A company called ExThera Medical Corp. has been sued in California federal court over a cure, backed by a billionaire investor, marketed for metastatic cancer but was actually a "dangerous medical experiment."

  • March 14, 2025

    Judge Vacates Baby Formula Trial Win For Abbott, Mead

    A Missouri judge on Thursday threw out a jury verdict that cleared Abbott Laboratories and Mead Johnson of liability in a joint trial over claims their baby formula causes a serious condition in preterm infants, saying a new trial is necessary because the defense "intentionally violated the court's orders and rulings by improperly introducing the inadmissible evidence to the jury, time after time."

  • March 14, 2025

    Lewis Brisbois Adds Goldberg Segalla Litigation Quartet In SF

    Lewis Brisbois Bisgaard & Smith LLP announced Friday that it has added a four-attorney team in San Francisco from Goldberg Segalla LLP to bolster its efforts to advise clients in products liability, toxic torts and other matters.

  • March 14, 2025

    Colo. Jury Rejects Claims Sterilization Co. Caused Cancer

    A Colorado jury Friday morning rejected four women's claims that emissions from a Terumo BCT Inc. medical sterilization plant caused their cancer, finding after a six-week bellwether trial that the company was not negligent in how it handled emissions of a toxic sterilization chemical.

  • March 14, 2025

    Starbucks Ordered To Pay $50M In Burn Injury Case

    A California state jury in Los Angeles awarded $50 million Friday to a delivery driver burned by hot water at a Starbucks drive-through window, roughly splitting the difference between the parties' suggested damages.

  • March 13, 2025

    Starbucks Burn Victim Deserves Up To $125M, Jury Told

    Lawyers for a man burned by hot water at Starbucks made their final appeal Thursday in California state court for an award of up to $125 million for "injury and damage to every facet of his life," as the corporation insisted it wasn't clear all the injury stemmed from the spill.

  • March 13, 2025

    Snack Maker Sued Over No-Preservative Label Claims

    Chip company Late July Snacks LLC has misled consumers into thinking its nachos and other tortilla products are "all natural," when in reality, they contain an artificial preservative, according to a woman's proposed class action removed Wednesday by the company to California federal court.

  • March 13, 2025

    Merck Asks Justices To Block Fosamax Failure-To-Warn Suits

    Merck has asked the U.S. Supreme Court to review a Third Circuit ruling that allowed more than 1,000 state-law failure-to-warn claims over its osteoporosis drug Fosamax, arguing that the U.S. Food and Drug Administration's formal rejection of a such a proposed warning label should block such lawsuits under federal law.

  • March 13, 2025

    Judge Hits 'Reset Button' In 3M, DuPont PFAS Cleanup Case

    New Jersey's environmental regulators have tried to force EIDP and DuPont Chemours to begin remediation efforts on "forever chemical" contamination at a former facility in Salem County — which is at the center of ongoing litigation — a move that seemingly undermined a federal judge's authority and put in jeopardy a looming May trial date.

  • March 13, 2025

    Days Into New Role, FDA's Top Lawyer Is Out

    The top lawyer of the U.S. Food and Drug Administration resigned just two days after she was selected for the role, according to a Thursday announcement by the agency on social media site X.

  • March 13, 2025

    Pa. Dealership Settles Painter's Garage-Door Death Claim

    The family of a painter who was fatally crushed by an auto dealership's garage door has reached a settlement with almost all the defendants in his wrongful death suit, and the parties are asking a Pennsylvania state court to keep the terms of the deal secret when approving it.

  • March 12, 2025

    Starbucks Spill Left Little Permanent Damage, LA Jury Told

    Starbucks Corp. sought to limit damages Wednesday after being found fully at fault for the spill of a scalding drink, bringing a psychiatrist and a reconstructive surgeon to court to testify that a delivery driver's injuries have healed well.

  • March 12, 2025

    Delta, Japan Airlines Sued Over Collision At Seattle Airport

    Delta Air Lines Inc. and Japan Airlines Co. were sued by a married couple who say they were injured during a ground collision between two aircraft at Seattle-Tacoma International Airport in February.

  • March 12, 2025

    3M's $6B Deal In Earplug MDL Cut Federal Caseload 14%

    A single settlement produced a 14% decrease in the number of pending cases in federal district courts over fiscal 2024, and that was 3M's $6 billion deal to end multidistrict litigation over its combat earplugs, according to a Tuesday report by the Administrative Office of the U.S. Courts.

  • March 12, 2025

    Mercedes-Benz Urges Judge To Rethink Class In Airbag MDL

    Mercedes-Benz USA LLC on Tuesday asked a Florida federal judge to reconsider a decision allowing a group of drivers to form a class as part of a multidistrict litigation lawsuit over faulty airbags installed in its cars.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

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