Product Liability

  • February 07, 2024

    Conn. Judge Won't Stay Unilever Benzene Suit For FDA Input

    A Connecticut federal judge on Tuesday denied Unilever's attempt to pause a proposed class action accusing it of selling dry shampoo products tainted with benzene, saying the company failed to show the U.S. Food and Drug Administration has undertaken any review of such matters that would warrant deference.

  • February 07, 2024

    Acella's $46.5M Drug Recall Settlement Gets Initial Signoff

    A Georgia federal judge on Wednesday gave preliminary approval of a nearly $46.5 million settlement from Acella Pharmaceuticals LLC to end a class action alleging the company sold worthless thyroid medication to hundreds of thousands of Americans.

  • February 07, 2024

    Colgate Can't Brush Off Ad Suit Over 'Recyclable' Toothpastes

    A suit alleging Colgate toothpaste tubes are falsely represented as being recyclable due to being rejected from recovery facilities will move past the dismissal stage, a California federal judge has ruled, finding that the plaintiffs' legal theory is based on "intrinsic characteristics" preventing recycling.

  • February 07, 2024

    Georgia Plaintiffs Boutique Expands After Big Wins

    When Tedra Cannella and Rob Snyder left their Atlanta plaintiffs firm Butler Prather LLP to hang their own shingle two years ago, plaintiffs attorney Alexandra "Sachi" Cole said she wasn't the only one who took notice.

  • February 07, 2024

    5th Circ. Judge Doubts Samsung On Hook For Exploding Vape

    A Texas man injured when a Samsung battery in his e-cigarette exploded faced resistance from a Fifth Circuit judge Wednesday who disputed the idea the technology company could face a state personal injury suit just because its batteries were shipped to the Lone Star State for other purposes. 

  • February 07, 2024

    EPA's Dicamba Reapproval Axed For Failure To Notify Public

    An Arizona federal judge revoked the U.S. Environmental Protection Agency's approval for the weed killer dicamba after finding the agency violated federal law by failing to properly notify and offer the public a chance to comment on the herbicide approvals.

  • February 07, 2024

    Camp Lejeune Plaintiffs Can't Get Jury Trial In Water Suit

    A group of North Carolina federal judges overseeing the Camp Lejeune contaminated-water litigation have struck the plaintiffs' bid for a jury trial, finding the Camp Lejeune Justice Act does not clearly and affirmatively grant a right to a jury trial in an action against the government.

  • February 07, 2024

    Imerys, Cyprus Mines Get Extension For Ch. 11 Mediation

    A Delaware bankruptcy judge Wednesday gave bankrupt talc supplier Imerys Talc America and its former owner Cyprus Mines another three weeks in mediation to try to resolve what they said were outstanding insurance issues and prepare for a creditor vote on their Chapter 11 plans.

  • February 07, 2024

    EPA Says Stricter Soot Requirement Needed For Air Quality

    The U.S. Environmental Protection Agency on Wednesday tightened federal standards for fine particulate matter pollution, touting the action's health and economic benefits.

  • February 06, 2024

    Calif. Lawmakers Pitch New Psychedelics Treatment Bill

    California lawmakers on Tuesday introduced a bipartisan proposal to regulate the therapeutic administration of nature-derived psychedelics after the governor vetoed a previous proposal last year.

  • February 06, 2024

    737 Max In Alaska Air Blowout Had 'Missing' Bolts, NTSB Says

    A mid-cabin panel that blew off a Boeing 737 Max 9 jet mid-flight last month appeared to have been missing four bolts meant to secure it in place, before the aircraft was ever delivered to Alaska Airlines, the National Transportation Safety Board said in a preliminary report Tuesday.

  • February 06, 2024

    Nissan Can't Make Supplier Pay $25M Award, 6th Circ. Says

    Nissan can't offload onto a brake supplier a $25 million award stemming from a fatal car crash, the Sixth Circuit ruled Tuesday, saying the jury found the braking system "as a whole" to be defective and not just parts supplied to the automaker.

  • February 06, 2024

    JPML Consolidates Suboxone Dental Decay Suits In Ohio

    The Northern District of Ohio will host consolidated cases brought against Indivior, Reckitt Benckiser and others alleging the companies failed to warn users of opioid addiction treatment Suboxone that it causes dental decay, according to an order from the U.S. Judicial Panel on Multidistrict Litigation joining 15 suits.

  • February 06, 2024

    Toyota Sued For Fraud Over Maintenance Plan's Value

    Toyota allegedly deceived thousands of customers by falsely claiming its maintenance plan had a "superior value" to paying for each service individually, according to a proposed class action filed in California federal court Monday.

  • February 06, 2024

    Meta, Snap Want Schools' Social Media MDL Suit Tossed

    Meta, Snap and other social media giants asked a California federal judge Monday to toss claims by schools and local governments over expenses incurred addressing the purported harms to students from the addictive features of their platforms, arguing the claims are barred by the First Amendment and the Communications Decency Act.

  • February 06, 2024

    Thousands Hit Feds With Third Suit Over Fuel Spill

    More than 2,200 military family members and civilians hit the U.S. government with a third suit over the Navy's allegedly negligent role in causing and responding to a large fuel leak affecting drinking water systems serving Joint Base Pearl Harbor-Hickam, Hawai'i

  • February 06, 2024

    Hose Maker Can't Escape Suit Over Sulfuric Acid Burns

    An Ohio appeals court has revived a man's injury claims against Gates Corp. over acid burns he suffered when a hose made by the company burst, saying his state-law claims are not preempted by the federal Hazardous Materials Transportation Act.

  • February 06, 2024

    Water Brand Owes Over $129M For Liver Failures, Jury Finds

    A Las Vegas jury awarded more than $129 million Tuesday to five people who developed liver failure after drinking "alkalinized" Real Water, $100 million of it in punitive damages.

  • February 06, 2024

    Denka Says EPA's Air Pollution Enforcement Must Fail

    A Louisiana neoprene manufacturer urged a federal court Monday to toss the U.S. Environmental Protection Agency's lawsuit alleging some of the company's air emissions pose a health threat to the surrounding community.

  • February 06, 2024

    King & Spalding Hires Longtime Hollingsworth Litigator In DC

    King & Spalding LLP has hired a longtime Hollingsworth LLP partner, who joins the firm with decades of experience working on product liability and related issues, the firm announced Tuesday.

  • February 06, 2024

    Rust-Oleum Customers Get Class Cert. In Greenwashing Suit

    Rust-Oleum customers secured class certification in litigation accusing the company of greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly," shortly after a California federal magistrate judge denied the company's attempt to exit the false advertising case.

  • February 05, 2024

    Dechert's Los Angeles Managing Partner Jumps To Paul Weiss

    Dechert LLP's Los Angeles office managing partner, a prominent product liability litigator who's successfully defended the likes of 3M and Johnson & Johnson, has joined Paul Weiss Rifkind Wharton & Garrison LLP as a partner in its litigation department, Paul Weiss announced Monday.

  • February 05, 2024

    Water Brand's Recall Delay Merits Punitives, Jury Hears

    The Las Vegas "alkaline water" brand Real Water should pay punitive damages to five consumers whose livers failed, a jury heard in closing arguments Monday after being told the company waited months after a crescendo of complaints to issue a recall.

  • February 05, 2024

    Ga. Doctor's Roundup Fight Revived On Remand

    An Eleventh Circuit panel on Monday revived on remand from the full Eleventh Circuit a Georgia doctor's lawsuit alleging Monsanto failed to warn of Roundup's alleged cancer risks, clarifying that the doctor's state failure-to-warn claim is not expressly preempted by federal law and Monsanto hasn't shown implied preemption.

  • February 05, 2024

    Insurer, Pharmacy Settle Horse Death Coverage Dispute

    A coverage dispute between an insurer and a veterinary pharmacy over defense and indemnity for an underlying action involving the deaths of two horses was settled between the two parties Monday in Texas federal court.

Expert Analysis

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    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

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    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

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    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.

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