Product Liability

  • March 05, 2024

    Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says

    An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.

  • March 05, 2024

    Gibson Dunn AI Leader On Weathering The AI Policy Blizzard

    Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.

  • March 05, 2024

    Pharmacist Takes Deal In Mich. Over Fatal Meningitis Outbreak

    The founder of a Massachusetts drug compounding center that was the source of a deadly meningitis outbreak has pled no contest to 11 counts of manslaughter brought by Michigan state prosecutors, the latter state's Department of Attorney General announced Tuesday.

  • March 05, 2024

    Texas Court Clears Gun Dealer In Suit Over Woman's Suicide

    A suit accusing sporting goods giant Academy Sports + Outdoor of negligently selling a handgun to a woman who used it to kill herself was properly dismissed, a Texas appeals court ruled Tuesday, saying that because the company's sale was lawful it can't be blamed for her death.

  • March 05, 2024

    FTC Chair Decries PE's Healthcare Impacts As Probe Starts

    Federal Trade Commission Chair Lina Khan on Tuesday lamented what she deemed the "financialization" of healthcare resulting from private equity buyouts, in remarks coinciding with the launch of a multijurisdictional request for public comment on PE and other companies' growing control over the healthcare system.

  • March 05, 2024

    Social Media Created Public Nuisance, Schools Say

    School districts on Monday urged a California federal judge not to toss their suits in multidistrict litigation alleging that social media giants like Meta Platforms Inc. and Snap Inc. purposefully addict minors, saying that their deliberate targeting of students during the school day created a public nuisance.

  • March 05, 2024

    Meta Tells Chancery It Didn't 'Utterly Fail' To Stop Exploitation

    Shareholders accusing Meta's leaders of "utterly failing" to eliminate pedophilia, human trafficking and child sexual exploitation on its social media platforms didn't ask enough about the company's efforts and haven't shown any "corporate trauma," an attorney for Meta's board told Delaware's Court of Chancery on Tuesday.

  • March 05, 2024

    Ohio Pot Facility Explosion Sparks Suit Against Lighting Co.

    An Ohio cannabis grower and its insurer accused a lighting products company of failing to warn them about the dangers of its merchandise after one of its lamps allegedly exploded in a growth facility, causing hundreds of thousands of dollars worth of damage.

  • March 05, 2024

    FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told

    Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.

  • March 05, 2024

    Cheese Producer Cops To Selling Listeria-Tainted Products

    A former New York raw milk cheese manufacturer and his company pled guilty Tuesday to introducing cheese into the market that was linked to a deadly outbreak of listeriosis.

  • March 05, 2024

    Monsanto Nabs 1st Win In Philly's Roundup Trial Blitz

    A Philadelphia jury on Tuesday cleared Monsanto of liability in a Pennsylvania cancer patient's suit alleging he developed his illness after using the weed killer Roundup, handing the company its first win in the venue where plaintiffs have won more than $2.5 billion in damages on tort claims over the Bayer AG unit's signature product.

  • March 05, 2024

    J&J Trial Over Doctor's Cancer Death Ends In Hung Jury

    A Florida state judge declared a mistrial Tuesday after jurors said they were "hopelessly deadlocked" over whether Johnson & Johnson's baby powder caused the cancer that killed a Miami anesthesiologist.

  • March 05, 2024

    Hemp Cos. Say NY Regulations Will Sink Industry In State

    A group of hemp product makers, distributors and sellers are suing the New York State Cannabis Control Board and Office of Cannabis Management in federal court, saying newly adopted regulations will hamstring the industry and cost the businesses millions.

  • March 04, 2024

    Nestle Misbranded Perrier As Natural Mineral Water, Suit Says

    Nestle USA Inc. was hit with a proposed class action Monday claiming that the multinational food and beverage conglomerate misled consumers as to the purity of its Perrier mineral water because the water actually comes from a contaminated spring that requires filtration and treatment.

  • March 04, 2024

    Apple Inks Deal To End Derivative Suit Over Slow IPhones

    Apple investors are urging a California federal judge to approve a noncash settlement of their derivative shareholder suit claiming the tech giant's top brass secretly slowed older iPhones, saying the deal will bring needed board committee reforms and notify consumers about battery options when their phones' performance degrades.

  • March 04, 2024

    Tobacco Cos. Urge DC Circ. To Ax Broad Health Warning Order

    Tobacco giants R.J. Reynolds and ITG Brands have backed a bid to overturn a D.C. district court order classifying Philip Morris USA's electronic tobacco devices, called HeatSticks, as "cigarettes," thereby subjecting them to the same marketing requirements that warn consumers of the negative health effects of smoking.

  • March 04, 2024

    Pot User Cites Bruen In Bid To Escape Gun Charge Indictment

    A man who police say fired a shotgun at his neighbor's front door is looking to evade criminal charges related to having and transferring a gun while using marijuana, filing a dismissal bid to the same judge who declared identical charges levied on the defendant's wife unconstitutional.

  • March 04, 2024

    Camp Lejeune Plaintiffs Say Specific Illness Link Is Not Required

    Litigants in the Camp Lejeune contaminated-water litigation on Sunday told a North Carolina federal court that Congress set a unique standard to show that their illnesses were caused by exposure to the water at the Marine base, given that it's been decades since some veterans were first exposed.

  • March 04, 2024

    Calif. Justices Rule Fiat Can't Offset Lemon Law Restitution

    The California Supreme Court on Monday reversed a lower court ruling and held that Fiat Chrysler cannot deduct the trade-in value of a lemon vehicle from restitution the automaker owes a consumer under the state's Song-Beverly Consumer Warranty Act.

  • March 04, 2024

    Snapchat Lures Victims As Bitmoji 'Co-Publisher,' Suit Says

    Two weeks after a state court judge shredded the case, two parents and a minor renewed a lawsuit against Snapchat alleging the girl was sexually assaulted by two men she met online, arguing that their case targets the platform's own cartoon-like content and not third-party posts falling under federal immunity law.

  • March 04, 2024

    Insurer Secures Win In $3.7M Pool Damage Row

    A construction company's insurer does not have to cover a $3.7 million judgment awarded to homeowners for the faulty construction of a pool, a Montana federal court ruled, finding that business risk and professional liability exclusions barred coverage under the company's general liability policy.

  • March 04, 2024

    States, Scholars Back Ex-NY Official In NRA Free Speech Suit

    States, scholars and public officials have urged the U.S. Supreme Court to reject the National Rifle Association's contention that a former New York state official violated the group's First Amendment rights.

  • March 04, 2024

    Barretts' Mediation Docs Not Open To Pfizer, Judge Says

    A Texas bankruptcy judge declined Monday to open the mediation in Barretts Minerals Inc.'s bankruptcy case to former owner Pfizer Inc., saying that he didn't want mediation participants to worry about every conversation they have.

  • March 04, 2024

    FAA Audit Flags Boeing 737 Max 9 Production Lapses

    Boeing and its key supplier, Spirit AeroSystems, failed to comply with manufacturing quality control requirements across several departments, according to findings from a Federal Aviation Administration audit of the 737 Max 9 jets after January's harrowing Alaska Airlines midair panel blowout.

  • March 04, 2024

    Chrysler Gets Claims Trimmed In Truck Fire Defect Suit

    A Michigan federal judge on Monday trimmed one plaintiff's breach of express warranty claims and all unjust enrichment claims from a suit against Fiat Chrysler alleging it sold vehicles with engines prone to overheating and catching fire.

Expert Analysis

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

    Author Photo

    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.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

    Author Photo

    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.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

    Author Photo

    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.

  • AI Can Help Lawyers Overcome The Programming Barrier

    Author Photo

    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.

  • Transparency And Explainability Are Critical To AI Compliance

    Author Photo

    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.

  • Preparing Law Students For A New, AI-Assisted Legal World

    Author Photo

    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.

  • How Social Media Can Affect Trial Outcomes

    Author Photo

    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.

  • General Counsel Need Data Literacy To Keep Up With AI

    Author Photo

    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.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

    Author Photo

    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.

  • Navigating Discovery Of Generative AI Information

    Author Photo

    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.

  • Finding Focus: Strategies For Attorneys With ADHD

    Author Photo

    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.

  • Opinion

    Time To Ban Deferred Prosecution For Fatal Corporate Crime

    Author Photo

    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.

  • Why Hemp-Synthesized Intoxicants Need Uniform Regs

    Author Photo

    State laws regulating hemp-synthesized intoxicants are a patchwork with little consistency between any given state, and without the adoption of a uniform regulatory framework, producers and consumers alike will need to be very cautious, say Dylan Anderson and Seth Goldberg at Duane Morris.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

    Author Photo

    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Analyzing The Legal Ripples Of The EPA's PFAS Regulation

    Author Photo

    As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!