Product Liability

  • February 21, 2025

    Calif. Lawmakers Unveil 'Polluters Pay' Superfund Legislation

    A pair of California lawmakers on Friday introduced legislation that would require the biggest polluters to pitch in and put a portion of their profits toward climate-related disaster mitigation, a measure they said aims to relieve the burden on taxpayers in the wake of catastrophes such as wildfires.

  • February 21, 2025

    Unilever Settles Class Suit Over Benzene In Shampoo

    Unilever has reached a deal in principle that should end a proposed class action accusing the consumer goods giant and its suppliers of selling carcinogen-tainted dry shampoo, according to a joint notice filed Thursday in Connecticut federal court.

  • February 21, 2025

    Delta Hit With First Negligence Suits Over Toronto Crash

    Delta Air Lines was hit with the first pair of negligence suits in Georgia and Minnesota federal court over a harrowing crash in Toronto during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down.

  • February 21, 2025

    FanDuel Demands Arbitration For Ex-Jaguars Employee Suit

    The former NFL team administrator now imprisoned for embezzlement is bound by an arbitration clause in his FanDuel contract, the betting platform argued Friday in its motion to send a $250 million New York federal lawsuit to arbitration.

  • February 21, 2025

    Exxon Can't Dodge RICO Claims In Puerto Rico Federal Court

    A U.S. magistrate judge said Puerto Rican municipalities should be allowed to pursue racketeering and antitrust claims against energy companies including Exxon Mobil Corp. that they allege misrepresented the climate dangers of fossil fuel products.

  • February 21, 2025

    Dispute Over FDA Menthol Cigarette Ban Paused Until August

    A California federal judge has agreed to pause a lawsuit alleging that federal health regulators slow-walked implementing a ban on menthol cigarettes while new leadership assumes control of the U.S. Department of Health and Human Services.

  • February 21, 2025

    Alcon Hit With Suit Over Allegedly Contaminated Eye Drops

    Alcon Laboratories Inc. has been hit with a proposed class action in Colorado federal court alleging that its eye drops are contaminated by fungus, in a case brought by a woman who says she was injured by using the drops for months.

  • February 21, 2025

    Weight Loss Drug Patient Drops Appeal In Cancer Risk Suit

    Days after arguing her case before a skeptical Third Circuit panel, a woman who alleges she suffered financial harm by buying a weight loss drug that purportedly causes cancer — which she said she has not been diagnosed with — has voluntarily dismissed the case.

  • February 21, 2025

    Nuke Plant Renewal Rules Ignore Climate Risks, DC Circ. Told

    Anti-nuclear power groups told the D.C. Circuit that the U.S. Nuclear Regulatory Commission unlawfully ignored accident risks due to aging equipment and climate change when it crafted new nuclear power plant license renewal rules.

  • February 21, 2025

    Veolia Ends One Of Few Remaining Flint Water Suits For $53M

    A water engineering firm on Friday said it will pay $53 million to settle claims from the state of Michigan and thousands of Flint residents who allege the company failed to properly identify corrosion control treatment issues or alert officials to the dangers of the city's water, prolonging the water crisis.

  • February 21, 2025

    Product Liability Group Of The Year: Lieff Cabraser

    Lieff Cabraser Heimann & Bernstein LLP helped obtain a $600 million settlement from Norfolk Southern over a train derailment and secured an early win in a social media addiction case against Silicon Valley heavyweights, earning it a spot among the 2024 Law360 Product Liability Groups of the Year.

  • February 20, 2025

    DOJ Says Job Protections For ALJs Are Unconstitutional

    The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.

  • February 20, 2025

    Green Groups Ask 9th Circ. To Press EPA Again On Atrazine

    Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."

  • February 20, 2025

    Nootropics Co. Can't Push Nurse's Suit To Arbitration

    Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.

  • February 20, 2025

    NY AG Sues 13 Vape Cos. Over Flavored Products

    The New York attorney general on Thursday sued 13 electronic cigarette makers and sellers in federal court, alleging that they are illegally selling flavored vapes in violation of both state and federal law, contributing to the youth vaping epidemic.

  • February 20, 2025

    Former State Farm Atty Joins Goldberg Segalla In Philly

    A planned move back to the Philadelphia area after more than four years in Illinois has prompted an attorney with expertise in product liability and toxic tort litigation to join Goldberg Segalla LLP's Philadelphia office.

  • February 20, 2025

    Conn. Atty Seeks New Injunction Against Ex-Law Partner

    Connecticut attorney Ryan McKeen is causing irreparable harm to the windup of his former law firm and should be barred from any further involvement like communicating with vendors, contractors and accountants, his onetime 50-50 partner told a state court judge in seeking a temporary injunction.

  • February 20, 2025

    Product Liability Group Of The Year: DLA Piper

    DLA Piper convinced an Arkansas jury to clear Monsanto of potentially hundreds of millions of dollars in liability relating to the herbicide Roundup and also garnered some achievements in multidistrict litigation over Ozempic, earning it a spot among the 2024 Law360 Product Liability Groups of the Year.

  • February 20, 2025

    Ex-Opioid CEO's Billing Spat With Trial Atty Lands In Court

    A Manhattan federal judge teed up a briefing schedule Thursday after a fight over expenses erupted between convicted former opioid CEO Laurence Doud and the lawyer who represented him at his criminal trial, who says Doud still owes $150,000.

  • February 19, 2025

    Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues

    Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.

  • February 19, 2025

    Alaskan Village Says Its Immune From Residents' Casino Suit

    An Alaskan Native village is asking a federal district court to dismiss a challenge by a group of Anchorage residents that seeks to block its plans for a 58,000-square-foot casino, arguing that it is a required party in the litigation that has not waived its sovereign immunity.

  • February 19, 2025

    Lululemon Gets 'Greenwashing' Ads Suit Tossed

    Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.

  • February 19, 2025

    MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told

    Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.

  • February 19, 2025

    Parents Fight Riddell's Bid To Move Defective Helmet Lawsuit

    Parents of a high school football player who suffered severe brain injuries due to an allegedly faulty helmet are urging a Texas federal judge to reject sports equipment maker Riddell Inc.'s bid seeking to transfer the litigation to a different court, saying the current location is "far more convenient" for most witnesses.

  • February 19, 2025

    3rd Circ. Doubts Alleged Cancer Risk Devalued Drug

    A Third Circuit panel on Wednesday seemed skeptical that a woman who bought and used a weight loss drug suffered financial harm after she found out it could cause cancer, with the judges aggressively pushing back on her argument that she did not get what she paid for.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

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