Product Liability

  • March 11, 2024

    Judge OKs Big-Box Stores' 'Flushable' Wipes Deals

    A South Carolina federal judge has granted his blessing to a deal that ends claims that retailers and consumer products companies sold "flushable" wipes that clogged up sewer systems, despite objections from one Maryland public works that wanted to, but can't, "opt-out" of the settlement.

  • March 11, 2024

    FDA Seeks $7.2B For Fiscal Year 2025

    The U.S. Food and Drug Administration on Monday said that it is requesting $7.2 billion as part of the Biden administration's proposed budget, an increase of nearly $500 million from fiscal year 2023's funding, with $15 million aimed at protecting food safety and nutrition.

  • March 11, 2024

    3rd Circ. Unsure Of Reasons To Halt Del. Assault Weapon Ban

    A Third Circuit panel seemed to lean toward letting Delaware keep its ban on so-called assault weapons and extended magazines during arguments Monday, with Judge Stephanos Bibas pressing gun rights advocates on their claim the ban should have been blocked solely on the grounds that a Second Amendment violation may have taken place.

  • March 11, 2024

    Souped-Up Mustangs Overheated After 10 Min., Fla. Jury Told

    A group of drivers suing Ford Motor Co. told a Florida federal jury on Monday that the carmaker misled them on the high-performance capabilities of the 2016 Shelby GT350 Mustangs they purchased, saying that the vehicles overheated after about 10 minutes of racing them on a track.

  • March 11, 2024

    Biden DOT Budget Targets Aviation Safety, Private Jet Use

    The Biden administration is seeking to impose new fees on private jet users, boost aviation industry hiring and accelerate transit, highway and other infrastructure projects under a $109.3 billion budget request for the U.S. Department of Transportation that the White House unveiled Monday.

  • March 11, 2024

    Walmart Fails To Sink Feds' Opioid Crisis Lawsuit

    A Delaware federal judge on Monday kept alive a government lawsuit accusing Walmart of fueling the nation's opioid crisis, ruling that the company could be held liable for filling illegitimate prescriptions its compliance officers allegedly failed to flag for unwitting pharmacists.

  • March 11, 2024

    Most Claims Trimmed In Ford Faulty Transmission Suit

    A Massachusetts federal judge has thrown out the bulk of a suit alleging Ford Motor Co. knowingly sold vehicles with a faulty transmission system, while allowing breach of implied warranty, fraudulent concealment and state law claims to proceed.

  • March 11, 2024

    Urologist Seeks Coverage For Defective Penile Implants Suit

    A urologist's medical device company told a California federal court that two insurers must cover it, the doctor and his practice in an underlying class action alleging that a silicone implant invented for penile enlargement, and the procedure that went with it, left patients with permanent damage.

  • March 08, 2024

    Inside The Climactic Clash Over Skyrocketing MDL Caseloads

    A seven-year showdown over the nation's swelling docket of ultra-high-stakes consumer suits is hurtling toward its moment of truth, as a judicial oversight panel weighs impassioned input from big-name attorneys and judges endorsing everything from sweeping overhauls to the tiniest of tweaks.

  • March 08, 2024

    20 States Urge Justices To Block 5th Circ. 'Ghost Gun' Ruling

    The District of Columbia and 20 states are urging the U.S. Supreme Court to review a Fifth Circuit order that allowed two companies to sell so-called ghost guns, which lack serial numbers, saying that without federal regulation, soaring sales of the weapon kits has caused a spike in crime.

  • March 08, 2024

    Consumers Fight Dismissal Bids In Microsoft And OpenAI Suit

    Consumers who say their privacy was violated by Microsoft Corp. and OpenAI LP's products are urging California federal court not to dismiss their complaint, saying it clearly and in detail lays out the basis for their allegations.

  • March 08, 2024

    Feds, Tribes Say Marine Cos., DOT Polluted Duwamish River

    Two companies and Washington's transportation department would collectively pay about $275,000 to settle claims they polluted the Lower Duwamish River and Elliott Bay in Seattle under a proposed consent decree filed by the U.S. government, the Suquamish Indian Tribe of the Port Madison Reservation, the Muckleshoot Indian Tribe and Washington state.

  • March 08, 2024

    League Of Legends Maker Facing $1B Suit Over FTX Promos

    League of Legends video-game maker Riot Games has been hit with a potential billion-dollar class action accusing the company of fraud and conspiracy for its alleged role in helping deceive investors of the collapsed FTX cryptocurrency exchange platform.

  • March 08, 2024

    Mass. Justices OK Town's 'Clever' Gradual Tobacco Ban

    A Massachusetts town's admittedly novel bylaw phasing out the sale of tobacco by prohibiting sales to anyone born in this century could become a model for other local communities after the regulation withstood a legal challenge by a group of retailers at the state's highest court Friday.

  • March 08, 2024

    $2M Unilever Suave Deodorant Settlement Gets First OK

    An Illinois federal judge has given the go-ahead to a $2 million settlement to end a class action's claims that Unilever United States Inc. sold Suave antiperspirant products with dangerous amounts of benzene.

  • March 08, 2024

    CSX's Georgia Backroads Bridge Caused Crash, Suit Says

    Railway giant CSX was hit with a lawsuit in Georgia federal court Thursday alleging that lax upkeep of a backroads bridge led to a woman's car crash.

  • March 08, 2024

    Justices Urged To Review Immunity Law In Snapchat Abuse Suit

    A man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15 is asking the U.S. Supreme Court to review a Fifth Circuit decision dismissing his claims, saying it's an ideal vehicle for the justices to fix an overbroad interpretation of Section 230 of the Communications Decency Act.

  • March 07, 2024

    Tesla Can Force Individual Arbitration In EV Mileage Fight

    A California federal judge on Thursday ruled that Tesla can force individual arbitration in two proposed class actions alleging the carmaker falsely advertised inflated mileage ranges for its electric vehicles, but stayed the suit in case an arbitrator determines that certain relief is barred under Tesla's arbitration agreement.

  • March 07, 2024

    Petition Watch: Student Athletes, Oil Spills & Preemption

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.

  • March 07, 2024

    DC Circ. Mulls Groundwater In Coal Ash Closure Fight

    A D.C. Circuit panel on Thursday seemed wary of an energy industry coalition's claim that the U.S. Environmental Protection Agency illegally strengthened regulations to clean up coal ash waste impoundments by stretching regulatory definitions to cover facilities in contact with groundwater.

  • March 07, 2024

    'Hatchet Wielding' Killer Has No Part In Netflix Suit, Court Told

    A Kentucky man who accused Netflix of wrongfully using his image in a true-crime documentary titled "The Hatchet Wielding Hitchhiker" has asked a Texas federal judge to keep the real hatchet-wielding hitchhiker out of his lawsuit, saying the convicted murderer has nothing to do with his litigation against the streaming giant.

  • March 07, 2024

    Feds Look To Douse $48M Washington Ranch Wildfire Claim

    The federal government wants a Washington ranch's $48 million negligence suit alleging that the Bureau of Indian Affairs is liable for damages from a 2020 forest fire dismissed, saying that the plaintiff cannot argue that a smoldering pile of leaves and ash warrant jurisdiction under the Federal Tort Claims Act.

  • March 07, 2024

    Asbestos Claimants Refuel Bid To Chuck Bestwall Ch. 11

    Mesothelioma victims seeking recompense for asbestos exposure are taking another stab at throwing out the bankruptcy case of Georgia-Pacific unit Bestwall LLC, telling a North Carolina federal judge that the papermaker has abused the bankruptcy process to shield itself from liability.

  • March 07, 2024

    Sens. Tell Stores To Get Illegal E-Cigs Off Their Shelves

    Five U.S. senators on Thursday told the heads of major convenience store and gas station chains to stop sales of unauthorized flavored e-cigarette products, saying that their illegal sales pose a major threat to public health, especially children's.

  • March 07, 2024

    Dog Owner, Co. Can't Drop Claim From Pet Food Labels Trial

    A Washington federal judge won't let a dog owner and Champion Petfoods LP defer an unjust enrichment claim until after a trial scheduled to begin in April over allegations that the company misled consumers about the ingredients in its food.

Expert Analysis

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

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    A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Analyzing 1 Year Of Comments On FTC's Green Guides

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    A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

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