Product Liability

  • January 24, 2025

    FDA's Premium Cigar Regulations Overturned By DC Circ.

    A D.C. Circuit panel ruled on Friday that the Food and Drug Administration acted arbitrarily when subjecting premium, hand-rolled cigars to the same regulations as other tobacco products, saying the agency was wrong to overlook two studies about infrequent premium cigar use.

  • January 24, 2025

    Philip Morris Settles Tobacco Liability Trial After Openings

    Philip Morris and a supermarket chain have reached a settlement with the family of a Massachusetts woman who died of lung cancer in 2022 after decades of smoking the company's Marlboro cigarettes, ending the case a day after trial began.

  • January 23, 2025

    Fitbit To Pay $12M Fine For Ionic Smartwatch Burns

    Fitbit has agreed to pay a $12.25 million fine to resolve the U.S. Consumer Product Safety Commission's allegations it failed to immediately report that its Ionic smartwatches were overheating and leaving some consumers with second- and third-degree burns, the consumer safety agency announced Thursday.

  • January 23, 2025

    Atty Hit With TCPA Class Action Over Camp Lejeune Calls

    A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.

  • January 23, 2025

    Marlboro Smoker Was Target Of Deception, Jury Hears

    Philip Morris targeted a Massachusetts preteen as a "replacement" customer for others who were dying of lung disease, a Springfield jury heard Thursday, though the company's lawyer said the woman had free will and knew enough to stop smoking.

  • January 23, 2025

    Conn. High Court Snapshot: Atty's Bonus, Burn Verdict

    In its next term starting Monday, the Connecticut Supreme Court will hear an appeal from an acupuncturist who doesn't want to share liability for a judgment paid to a burn victim, and consider whether to reverse a seven-figure verdict for a private equity management firm's founder, who claims other members improperly cut him out.

  • January 23, 2025

    Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels

    An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.

  • January 23, 2025

    NJ Town Loses Bid To Join NYC Congestion Pricing Suit

    A federal judge on Thursday rebuffed a bid from the mayor of Fort Lee, New Jersey, to be heard in the ongoing litigation surrounding this month's implementation of the congestion pricing toll program in Manhattan.

  • January 23, 2025

    Calif. Kids' Privacy Law Ignores 1st Amendment, Judge Says

    A California federal judge appeared open Thursday to preliminarily blocking for the second time a landmark California law requiring tech giants to bolster privacy protections for children, telling the state's counsel that nothing shows the Legislature "cared one whit about the Constitution," and "now you're trying to reverse engineer it."

  • January 23, 2025

    Suncor Says Enviro Groups' Suit Duplicates Gov't Enforcement

    Suncor USA Inc. told a Colorado federal judge that environmentalists suing it for allegedly violating emissions standards have improperly tied their claims to events that are already resolved or are being investigated by federal and state governments.

  • January 23, 2025

    Federal Agencies Must Order Full Return To Office By Friday

    Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.

  • January 23, 2025

    Meta Wants Mass. Justices To Intervene In AG's Suit

    Meta Platforms has urged Massachusetts' highest court to take up its challenge to a pending lawsuit brought by the state attorney general's office, which accused the social media company of intentionally designing Instagram to be addictive to children and teenagers.

  • January 23, 2025

    15 States Reach $7.4B Settlement With Sackler Family

    A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.

  • January 22, 2025

    J&J Seeks To Defeat $30M Punitive Bid After Conn. Talc Trial

    Johnson & Johnson has blasted a bid requesting that it pay $30 million in punitive damages on top of a $15 million jury award to a real estate developer who allegedly contracted mesothelioma from the company's talc, telling a Connecticut state court that, "at most," it should pay $5 million.

  • January 22, 2025

    Apple Sued Over Alleged PFAS In Smartwatch Wristbands

    Apple Inc. is at least the second smartwatch maker to be hit with a proposed class action lawsuit accusing it of knowingly using toxic forever chemicals in manufacturing the devices' wristbands, according to a complaint filed in California federal court.

  • January 22, 2025

    Boeing Rips Investors' Class Cert Bid In 737 Max Blowout Suit

    Boeing told a Virginia federal judge that pension funds cannot reverse-engineer sweeping securities fraud claims based on last year's Alaska Airlines midair blowout incident, saying their bid to certify a class of investors who were purportedly misled by Boeing's assurances of the 737 Max jets' safety must be rejected.

  • January 22, 2025

    Justices Urged To Affirm Texas Nuke Waste Site Ruling

    Several states, Texas politicians and landowner groups threw their support behind the Lone Star State's fight against a temporary nuclear waste storage facility, telling the U.S. Supreme Court the federal government doesn't have the power to authorize the site.

  • January 22, 2025

    Toy Co. Not Covered In Unpaid Judgment Suit, Judge Says

    A Berkshire Hathaway insurer has no duty to defend a toy company accused of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, a Minnesota federal court ruled, finding that abuse of process claims are not covered under the policy.

  • January 22, 2025

    Judge Won't Toss Bulk Of Chrysler Minivan MDL Claims

    A Michigan federal judge has declined to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, denying Chrysler's bid to toss fraud and other claims.

  • January 22, 2025

    'The Hills' Reality Stars Latest To Sue Over Palisades Fire

    "The Hills" reality TV show stars Spencer and Heidi Pratt are among the latest Palisades Fire victims to sue the Los Angeles Department of Water and Power alleging an empty local reservoir made it more difficult for first responders to put out the devastating blaze.

  • January 22, 2025

    8th Circ. Finds Monsanto PCB Case Can Stay In Federal Court

    The Eighth Circuit on Wednesday allowed General Electric Co. and others to keep in Missouri federal court a suit by Monsanto Co. seeking defense for suits against Monsanto over polychlorinated biphenyls, finding that the suit was removed to federal court on time.

  • January 22, 2025

    Benzene Suits Against Retailers Not Covered, Insurer Says

    An insurer doesn't have to cover claims that CVS, Walmart, Walgreens and others sold products linked to a carcinogen, benzene, because the customers making the underlying allegations sought only reimbursement for the products they bought, the carrier told a California state court.

  • January 22, 2025

    Wyden Urges National Standard For Hemp Regulation

    Sen. Ron Wyden, D-Ore., rallied on Wednesday for his bill that would beef up regulation of products with hemp-derived cannabinoids in order to protect consumers, particularly children.

  • January 22, 2025

    Army, SD Tribe Fight For Early Win In Dakota Access Row

    The Standing Rock Sioux Tribe and the U.S. Army Corp of Engineers are both asking for early wins in a challenge to shut down the Dakota Access Pipeline over alleged violations of federal environmental laws.

  • January 22, 2025

    Kirkland Adds 5 Skadden Attys As Firm Plans Philly Launch

    National law firm Kirkland & Ellis LLP has announced plans for a new Philadelphia office to be helmed by a civil litigator who is one of five attorneys moving their practices to the firm from Skadden Arps Slate Meagher & Flom LLP.

Expert Analysis

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

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