Product Liability

  • February 27, 2025

    CooperSurgical Says Unique IVF Claims Require Separate Trials

    Fertility company CooperSurgical Inc. is pushing back against the suggestion that four lawsuits accusing the company of negligently destroying embryos with its recalled culture media could be consolidated into one trial, saying the couples' varied location and unique IVF situations preclude joining them.

  • February 27, 2025

    Alsup Halts 'Illegal' Firings Of Probationary Federal Workers

    U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.

  • February 27, 2025

    Landlords Can't Duck Injury Claim From Dweller Not On Lease

    A Washington state appeals court said Thursday that landlords must face a claim from a pregnant woman who was injured from a fall down a flight of stairs, even though she had not signed the rental lease, in an opinion that said the lower court erred by tossing the case on the eve of trial without giving proper notice.

  • February 27, 2025

    $40M Deal OK'd For Suit Over Emergent Vax Flub

    A Maryland federal judge approved a $40 million settlement between Emergent BioSolutions Inc. and a class of investors claiming that it misled them about its ability to meet the demands of two high-profile contracts to produce components of COVID-19 vaccines, leading the stock price to tumble after production deficiencies were discovered.

  • February 27, 2025

    Lead Testing Co. Director To Admit False Statements

    A former quality assurance director for Magellan Diagnostics will plead guilty to making misleading statements to the government about a malfunction in a device that measures lead levels in blood, according to filings in Massachusetts federal court Thursday.

  • February 27, 2025

    Judge Limits Atty Expert Witnesses In Legal Malpractice Trial

    An Illinois federal judge on Wednesday barred attorneys who aren't expert witnesses from giving testimony about what they would have done differently from Quinn Johnston Henderson & Pretorius Chtd. in an upcoming trial on claims the firm's botched defense caused their client "enormous loss."

  • February 27, 2025

    Abbott Beats Ill. Customers' Similac Metals Suit

    Similac customers who say Abbott Laboratories illegally failed to warn the public about heavy metals in its infant formula cannot take those claims to trial because they haven't established damages, an Illinois federal judge said Wednesday.

  • February 27, 2025

    Georgia's Outside Funding Regulations Clear State Senate

    The Georgia State Senate unanimously advanced new regulations on third-party litigation funding Thursday as Gov. Brian Kemp's marquee tort reform package continues to march largely unimpeded through the state Legislature.

  • February 27, 2025

    Conn. Firm Windup Fight Belongs In Arbitration, Court Told

    Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.

  • February 26, 2025

    Mercedes-Benz Drivers Win Class Cert. In Fla. Airbag MDL

    A Florida federal judge overseeing the multidistrict litigation over defective Takata airbags granted certification to several single and multistate class of Mercedes-Benz drivers on Wednesday, finding common issues connect the cases and that they can be efficiently managed in a single trial.

  • February 26, 2025

    Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit

    Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.

  • February 26, 2025

    Walmart Injury Suit Wrongly Axed For Fraud, Panel Says

    A Florida state appeals court on Wednesday revived a suit seeking to hold Walmart liable for injuries suffered by a woman who allegedly ate contaminated chicken from the store, saying possible lies the woman told during a deposition didn't warrant dismissal.

  • February 26, 2025

    Driver's Suit Time-Barred Because Alleged Defect Too Obvious

    A supposed defect with a Mercedes-Benz 2016 compact sedan was so apparent that buyers should've been aware of the alleged issue at the time of purchase, a Georgia federal judge has ruled, ending a proposed class action because the driver filed suit too long after he bought the car.

  • February 26, 2025

    Enviro Group Says Chemours Is Dumping PFAS In Ohio River

    A nonprofit has asked a West Virginia federal court to stop Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River.

  • February 26, 2025

    Wash. Judge Says Officials Are Immune To Energy Code Suit

    A Seattle federal judge has thrown out a building industry coalition's renewed legal challenge to Washington regulations that discourage natural gas appliances in new construction, ruling the state officials named as defendants are protected because they aren't responsible for enforcing the rules.

  • February 26, 2025

    Supreme Court Backs Broad View Of Lawsuit Revival Rule

    Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.

  • February 25, 2025

    YouTube, TikTok Evade Deadly 'Challenge' Video Suit, For Now

    A California magistrate judge has dismissed, for now, parents' product liability proposed class action alleging YouTube's and TikTok's reporting features are defectively designed since they did not result in the removal of deadly "choking challenge" videos, finding the suit does not clearly identify the product in question or its alleged design defect.

  • February 25, 2025

    DC Judge Blocks Trump's Federal Funding Freeze

    A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."

  • February 25, 2025

    Sig Sauer Asks 6th Circ. For Second Shot At Expert Ruling

    The full Sixth Circuit should disqualify expert testimony that said gunmaker Sig Sauer Inc. failed to use existing safety features found in rival products when designing its model P320, the pistol at the center of many unintentional discharge lawsuits, according to the company's petition, which alternatively asked the judges to send it to Kentucky's top court.

  • February 25, 2025

    Cannabis Cos. Want THC Potency Suits Consolidated

    About two dozen cannabis companies, including multistate operators like Columbia Care and Acreage, have urged an Illinois federal judge to consolidate a series of "nearly identical" proposed class actions accusing them of mislabeling their products to get around state-mandated THC potency limits, saying "there is no question" the suits "involve the same questions of law and fact."

  • February 25, 2025

    Chicago Escapes Bulk Of Insurer's $26M Willis Tower Suit 

    An Illinois federal judge dismissed the majority of a dozen counts brought by Travelers against the city of Chicago and its water district seeking repayment for $26 million in flood damage to Willis Tower, leaving only common law negligence claims.

  • February 25, 2025

    Kroger Seeks More Sanctions For Prolific Consumer Atty

    Kroger is urging an Illinois federal judge to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, citing his "history of filing frivolous lawsuits across the nation" and a "troubling pattern of recklessness and abuse of the federal judiciary" for which he has been sanctioned three other times.

  • February 25, 2025

    Calif. Wins Remand Of Exxon Plastic Suit, Green Groups Lose

    California convinced a federal judge to remand to state court its lawsuit alleging Exxon Mobil Corp. is responsible for plastic waste and pollution due to deceptive public messaging about recycling, but environmentalists' similar suit will stay in federal court.

  • February 25, 2025

    Couple, Biotech Co. Jointly Drop Lost Embryos Suit

    A Charlotte couple and the biotechnology company they accused of making a defective oil used for the in vitro fertilization process came together to drop their dispute from North Carolina federal court, ending the prospective parents' wrongful death claims.

  • February 25, 2025

    Purdue Gets Time To Document New $7.4B Ch. 11 Settlement

    Counsel for bankrupt drugmaker Purdue Pharma received approval Tuesday for an extension of a mediation window during which litigation against nondebtors is paused after telling a New York judge that it has reached definitive terms on a new $7.4 billion settlement of opioid claims and needs time to finalize documentation surrounding the deal.

Expert Analysis

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • Unwrapping Retailer AI Risks Amid Holiday Shopping Season

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    While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Cos. Must Brace For New PFAS Regulations And Litigation

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    The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

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