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Product Liability
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June 13, 2024
Equipment Maker Looks To Chill Ice Creamery's Use Of Its IP
A company that holds a patent for making ice cream using cryogenics has accused a Florida franchisor of falsely claiming to operate under a patent, saying in Washington federal court that the dessert purveyor has even been charging franchisees an "intellectual property fee."
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June 13, 2024
NYC Sued Over Policy Targeting Unlicensed Pot Stores
More than two dozen New York City retailers have launched a proposed federal class action against the city alleging that enforcement of a new policy targeting stores for selling cannabis without a license has resulted in the unconstitutional closing of hundreds of businesses.
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June 13, 2024
Monsanto Can't Plead Ignorance On PCB Pollution, Cities Say
Chicago suburbs looking to hold Monsanto and related businesses accountable for their financial share of reducing pollutants in water that flows into Lake Michigan urged an Illinois state court to keep their case alive, arguing the companies should have known about the dangers of the chemicals in products.
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June 13, 2024
Oral Arguments Granted In $51M NOLA Airport Defect Row
A Louisiana federal judge will hear oral arguments next month over a counterclaim brought by the city of New Orleans concerning damages at a $1 billion terminal project for the Louis Armstrong New Orleans International Airport.
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June 13, 2024
Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told
A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.
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June 13, 2024
DOE Can't Limit Water Usage In Dishwashers, Shoppers Say
Two men sued the U.S. Department of Energy in Texas federal court over the agency's new rules that govern how efficiently household appliances need to manage water usage, saying in a Thursday complaint that the agency surpassed its statutory authority and flouted a previous Fifth Circuit decision.
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June 13, 2024
FAA Chief Vows Diligent Boeing Oversight In Senate Hearing
The Federal Aviation Administration's chief told a Senate panel Thursday that the regulator has diligently stepped up oversight of Boeing's manufacturing since January's harrowing midair door plug blowout on a 737 Max 9 jet, an incident that prompted multiple probes into Boeing's safety culture and quality control.
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June 13, 2024
Norfolk Southern Slams Bid To Seal Reports In Derailment Suit
Norfolk Southern ripped into a chemical company's bid to seal two expert reports from a former first responder that the railroad sought to file in the multidistrict litigation over last year's derailment and chemical spill in Ohio, saying the chemical firm's arguments are weak and misstate the issues.
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June 13, 2024
Starbucks Must Share Hot-Drink Training Info In Burn Suit
Starbucks must turn over information on how it trains employees to handle hot drinks at drive-throughs and on recent complaints received in the Detroit area, a Michigan federal judge said Thursday after finding the information is relevant to a customer's suit alleging she was severely burned when a lid popped off her hot tea cup.
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June 12, 2024
Judge Says Biden Admin Must Allow Show Loophole, For Now
A Texas federal judge has ordered the Biden administration to stop enforcing a Bureau of Alcohol, Tobacco, Firearms and Explosives rule that seeks to close what is known as the gun show loophole by requiring many private sellers to register as dealers and perform background checks before transacting gun sales.
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June 12, 2024
Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say
Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.
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June 12, 2024
Cabot Execs Misled Investors On Fracking Impact, Suit Says
Insiders of Cabot Oil & Gas Corp., now known as Coterra Energy Inc., were hit with a shareholder derivative suit alleging they did not disclose that Cabot was not safeguarding drinking water from the company's fracking operations, which eventually led to criminal charges and reputational and financial damages.
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June 12, 2024
Something Fishy With Conagra's '100% Whole Fish,' Suit Says
Customers alleged in Illinois federal court Tuesday that Conagra misled them by marketing its popular Van de Kamp's and Mrs. Paul's frozen fish products as "100% whole fish," despite artificially adding weight to those fish with an industrial filler and extra water.
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June 12, 2024
Miss. Social Media Age Law Faces Free-Speech Challenge
Mississippi is the latest state to enact a law that requires social media companies to verify the age of all users, but a challenge seeking to block that law from taking effect is already on the docket in federal court with a preliminary injunction hearing slated for this month.
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June 12, 2024
11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case
The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.
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June 12, 2024
'Natural' Toothpaste Brand Loaded With PFAS, Moms Say
Natural toothpaste company RiseWell LLC falsely advertised its kids toothpaste as "natural" and "safe to swallow," two mothers alleged Tuesday in a proposed class action, saying a U.S. Department of Defense-certified laboratory test found 750 times more "forever chemicals" in the toothpaste than researchers found in heavily tainted kale.
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June 12, 2024
Faulty Sig Sauer Pistol 'Betrayed' Ga. Gun Owner, Jury Told
A life-altering injury that occurred when a man's Sig Sauer pistol accidentally fired into his leg could have been prevented had the company bothered to install a $5 safety feature in the trigger of its flagship P320, counsel for the man told a Georgia federal jury Wednesday.
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June 12, 2024
NJ Judicial Privacy Law Hit With Constitutional Challenge
Companies accused of violating Daniel's Law hit back in New Jersey federal court this week, calling the judicial data privacy protection measure unconstitutionally vague, harsh and riddled with loopholes, and arguing it is being "cynically" misused by the plaintiff, a data privacy company.
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June 12, 2024
Ex-Supreme Court Clerk, Federal Atty Joins McGuireWoods
McGuireWoods LLP announced the addition of another former federal prosecutor to its ranks on Wednesday, this time a product liability expert from Perkins Coie LLP who advises companies on various disputes and government investigations.
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June 12, 2024
EPA Urges DC Circ. To Uphold Chemical Rule Deadline
The U.S. Environmental Protection Agency on Tuesday asked the D.C. Circuit to reject a Louisiana-based neoprene manufacturer's bid to immediately block the EPA from enforcing a chemical emissions rule that will directly affect the company.
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June 12, 2024
Pool Co. Hits Ch. 11 After 'Crippling' $16M False Ads Verdict
The American arm of a Chinese swimming pool products manufacturer has declared bankruptcy after it was slapped with a $16 million false advertising and unfair business practices judgment in North Carolina that the company previously warned would put it out of business.
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June 11, 2024
Tyco's $750M PFAS Deal In Foam Co. MDL Gets Initial OK
A South Carolina federal judge gave his blessing Tuesday to the $750 million settlement Johnson Controls International PLC subsidiary Tyco Fire Products LP entered to resolve public water systems' federal claims that some forever chemicals they detected in their supplies came from firefighting foam it made.
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June 11, 2024
9th Circ. Judge On Theranos Appeal: 'Good Story' For Holmes
Two Ninth Circuit judges on a three-judge panel expressed concerns Tuesday that the district judge presiding over convicted former Theranos CEO Elizabeth Holmes' criminal trial erred by allowing a layperson witness to offer expert testimony at trial, with one judge saying, "There's a pretty good story here for Ms. Holmes."
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June 11, 2024
Cannabis Co. Sued Over Veteran's Psychotic Episode
A U.S. Navy veteran says a psychotic episode he experienced after smoking cannabis led to him shooting his girlfriend and two dogs.
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June 11, 2024
Ore. County Climate Suit Sent To State Court
An Oregon federal judge sent Multnomah County's climate change lawsuit against Chevron, Exxon Mobil Corp. and other fossil fuel companies back to state court, adopting a magistrate judge's findings rejecting arguments the complaint was fraudulently crafted to evade federal jurisdiction.
Expert Analysis
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
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.
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Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping
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.
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Superfund Site Reopenings Carry Insured Risk, Opportunity
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.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
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.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
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.
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Industry Must Elevate Native American Women Attys' Stories
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.
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How Color Psychology Can Help Tell Your Trial Narrative
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.
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And Now A Word From The Panel: Tracking MDL Geography
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.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
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.
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
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.
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The Case For Post-Bar Clerk Training Programs At Law Firms
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.
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Attorneys Have An Ethical Duty To Protect The Judiciary
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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AI Can Help Lawyers Overcome The Programming Barrier
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.
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Transparency And Explainability Are Critical To AI Compliance
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.
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Preparing Law Students For A New, AI-Assisted Legal World
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.