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Product Liability
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September 10, 2024
1st Lyondell Leak Bellwether Settles On Eve Of Trial
The first bellwether case in a multidistrict litigation created to handle claims stemming from a 2021 gas leak at a LyondellBasell facility in La Porte, Texas, reached a confidential settlement on the eve of trial, a defense attorney confirmed Tuesday.
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September 10, 2024
Ky. Breeder Not Covered For Horse's Death, Court Says
A horse breeder has no coverage for the death of a stallion that occurred after he was given an injection to increase his libido as the injection triggered an exclusion for unauthorized medications, a Kentucky federal court said Tuesday.
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September 10, 2024
Whole Foods, Hain Denied Full 5th Circ. Review In Baby Food Case
The Fifth Circuit on Monday shut down a bid from grocery store chain Whole Foods and international food company Hain Celestial Group for a rehearing of a panel's decision remanding to state court a suit alleging Hain's baby food caused the mental and physical decline of a toddler.
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September 10, 2024
42 AGs Back Call For Social Media Warning Label Law
A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.
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September 10, 2024
Anapol Weiss Absorbs 5-Atty Mass Tort Boutique In DC
The Philadelphia-based mass tort and personal injury firm Anapol Weiss has expanded into Washington, D.C., as it absorbs a five-attorney outfit helmed by former Wilkinson Stekloff LLP founding partner Alexandra Walsh.
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September 10, 2024
Prime Hydration Beats Most Beverage PFAS Claims, For Now
A California federal judge on Monday declined to end a putative class action accusing Prime Hydration of misleadingly marketing its Grape Sports Drink as healthy when it contains so-called "forever chemicals," although she tossed most of the lawsuit's claims with leave to amend.
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September 10, 2024
2024's Top Rulings In Native American Law
The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.
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September 10, 2024
Free Speech Or Bad Medicine? The Abortion 'Reversal' Battle
The marketing of abortion pill "reversal" — a treatment doubted by medical groups but touted by anti-abortion advocates — is facing increased scrutiny from state attorneys general, triggering legal skirmishes in at least four states centered on First Amendment rights and consumer protection laws.
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September 10, 2024
GM Can't Arbitrate Claims Engines Were 'Engineered To Fail'
General Motors LLC cannot arbitrate class claims that certain engines were "engineered to fail," an Ohio federal judge has ruled, citing recent Sixth Circuit guidance on when a party waives the right to resolve disputes out of court.
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September 10, 2024
Ala. Jury Awards $160M In Defective Truck Seat Crash Case
An Alabama state jury hit commercial truck manufacturer Daimler Truck North America with a $160 million verdict, in a case where a former trucker claimed the company's defectively designed vehicle caused him to suffer a catastrophic spinal injury following a crash, his counsel said.
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September 09, 2024
Mo. Jury Awards $462M In Fatal Big Rig Crash Suit
A Missouri state jury has awarded $462 million, nearly all in punitive damages, to the families of two men who died when their car rear-ended a big rig and slid under a rear guard that was improperly designed, although the award may be significantly cut under the state's damage cap.
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September 09, 2024
Lindt Can't Escape Suit Over Heavy Metals In Dark Chocolate
Candymaker Lindt & Sprüngli can't escape claims that its dark chocolate contained dangerous levels of lead and cadmium, a Brooklyn federal judge has ruled, saying the consumers' claims that they paid a premium for allegedly defective products counts as an injury.
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September 09, 2024
Student Vaping Down By Half-Million Kids, CDC Says
The number of young people who vape has decreased by roughly half a million, a "monumental public health win," according to the Centers for Disease Control and Prevention, but anti-tobacco advocates say more progress must be made through "crackdowns."
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September 09, 2024
FTC Backs Teva Orange Book Delisting At Fed. Circ.
The Federal Trade Commission is continuing to back Amneal's efforts to have Teva's inhaler patents delisted from the U.S. Food and Drug Administration's Orange Book, telling the Federal Circuit that a lower court was right in determining that Teva's patents do not satisfy the registry's requirements.
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September 09, 2024
6th Circ. Affirms Ax Of '100% Raw' Honey-Labeling Fight
The Sixth Circuit has affirmed a decision tossing consumers' proposed class action over Strange Honey Farm LLC's "100% raw Tennessee honey" labels, finding that while the appellate court has jurisdiction to hear the consumers' appeal, the lower court rightly dismissed the "conclusory" allegations without leave to amend.
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September 09, 2024
X Corp. Could Expose Donors To Death Threats, Per Watchdog
Watchdog Media Matters for America claims that for X Corp. to compel production of its donor lists would breach the First Amendment, saying in a Friday brief in a Texas federal court that if the documents go public, its donors would receive violent threats and other abuse.
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September 09, 2024
Norfolk Southern CEO Shaw Faces Misconduct Probe
Norfolk Southern Corp. is investigating CEO Alan Shaw over allegations of misconduct, casting uncertainty over his future at the rail giant just months after a proxy fight with an activist investor.
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September 09, 2024
5th Circ. Lets BP Keep Deepwater Horizon Cleanup Suit Win
The Fifth Circuit won't upend BP's win in a suit by a boat captain alleging he was injured while helping with the cleanup of the Deepwater Horizon oil spill, finding the trial court rightly excluded his expert for failing to prove that exposure to the chemicals could have caused his claimed injuries.
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September 09, 2024
Riddell Helmet Design Contributed To Brain Injury, Suit Says
The parents of a high school football player who suffered a life-altering injury that left him reliant on a wheelchair have filed a federal product liability suit in Texas against Riddell Inc., the maker of the allegedly defective helmet he was wearing when he was hurt.
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September 09, 2024
Baltimore Strikes $80M Opioid Settlement With Teva
Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.
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September 09, 2024
Ohio Train Derailment Plaintiffs Seek Final OK Of $600M Deal
Residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year are asking an Ohio federal court for final approval of a $600 million settlement, including a $162 million payout for their attorneys.
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September 09, 2024
Orrick Trial Pro Jumps To King & Spalding In Miami
A former Orrick Herrington & Sutcliffe LLP partner and trial attorney has made his new home in King & Spalding LLP's product liability and mass torts practice group in Miami, the firm announced Monday.
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September 09, 2024
Ore. Seeks Dismissal Of Psilocybin Disabilities Suit
Oregon's health regulator has asked a federal judge to dismiss a lawsuit challenging aspects of the state's pioneering regulated psilocybin treatment program, saying that the program's illegality under federal law makes the lawsuit untenable.
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September 06, 2024
Calif. Takes AI Reins With Looming Safety, Transparency Laws
A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond.
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September 06, 2024
Arkema Calls Timing 'Suspect' In Bid To Lift NJ PFAS Suit Stay
Chemical company Arkema Inc. is arguing that if rival Solvay is allowed to sue it, the litigation could upend an impending settlement worth up to $108 million it negotiated with the state of New Jersey that would end claims over "forever chemical" contamination at a facility both companies owned.
Expert Analysis
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.