Product Liability

  • October 01, 2024

    EBay Beats Gov't Claims Over Sale Of Polluting Products

    A New York federal judge Monday tossed a government lawsuit accusing eBay Inc. of hawking illegal automotive, paint removal and pesticide products, holding that the e-commerce giant does not meet the definition of a "seller" and has Section 230 immunity as a publisher of third-party content.

  • October 01, 2024

    Video Game Cos. Want Gaming Addiction Suit Tossed

    Microsoft Corp., Roblox Corp. and Sony Interactive Entertainment LLC moved Monday to dismiss a lawsuit filed against them by a mother who alleges they and other video game creators caused her teenager's mental disorders by deliberately engineering addictive experiences.

  • October 01, 2024

    Arkansas AG Says YouTube Addicts And Harms Youth Users

    The Arkansas attorney general has sued YouTube LLC, Google LLC and their parent company in state court, alleging that the YouTube platform is deliberately designed to addict youth users and shows them harmful content, leading to a mental health crisis that has cost the state hundreds of millions of dollars.

  • October 01, 2024

    Insurer Says Polaris Gave Late Notice Of Death, Burn Suits

    An excess insurer for a manufacturer of off-road vehicles said it should recover the $10 million it spent to help settle two lawsuits against the manufacturer over a fatal vehicle fire, telling a Minnesota federal court it was "severely prejudiced" by the manufacturer's claim notice delay.

  • October 01, 2024

    Delta Wants Suit Over IT Outage Response Thrown Out

    Delta Air Lines is asking a Georgia federal judge to toss a proposed class action brought by customers who claim its botched response to a massive IT outage left them stranded and on the hook for numerous expenses, arguing their claims are barred by a federal deregulation law and its ticket terms.

  • October 01, 2024

    FanDuel Sued For $250M By Convicted Ex-Jaguars Employee

    A former employee of the NFL's Jacksonville Jaguars who's in federal prison for embezzling millions to spend on online gambling sued FanDuel for $250 million in New York federal court Tuesday, accusing the betting platform of preying on his addiction to encourage him to continue.

  • September 30, 2024

    AI Safety Bill Veto Shows Calif. Taking Regulatory 'Baby Steps'

    The California governor's rejection of sweeping legislation to ensure the safe deployment of large-scale artificial intelligence models — and his simultaneous embrace of more targeted proposals to regulate the technology — is likely to result in the wider creation of regimes that favor "baby steps" over broad strokes, experts say. 

  • September 30, 2024

    Consumer 'Overslept' On Some Drowsy Cough Syrup Claims

    An Illinois federal judge said Monday a consumer can continue her suit alleging Tussin cough syrup's "non-drowsy" label is deceptive because the syrup made her sleepy, but ruled she waited too long to pursue warranty breach claims.

  • September 30, 2024

    GM's Cruise To Pay $1.5M Penalty Over SF Robotaxi Crash

    General Motors Co.'s Cruise LLC agreed to pay a $1.5 million civil penalty for failing to promptly disclose that one of its self-driving vehicles last year had dragged a pedestrian for 20 feet, the U.S. Department of Transportation's National Highway Traffic Safety Administration announced on Monday.

  • September 30, 2024

    Big Banks Get Brazilian Pollution Suit Booted From NY

    A New York federal judge on Monday dismissed an effort by a Brazilian city and residents to hold several big banks liable for allegedly financing environmentally ruinous mining operations in their region, ruling the matter would be more appropriately heard in Brazil.

  • September 30, 2024

    Apache Tribe Urges Supreme Court To Take Up Mining Case

    The San Carlos Apache Tribe is asking the U.S. Supreme Court to review a ruling by Arizona's high court that sides with a state agency decision letting a copper mining company discharge treated wastewater from potential future operations into a local waterway.

  • September 30, 2024

    DOE Plutonium Pit Plan Found To Violate Environmental Law

    A South Carolina federal judge on Monday backed antinuclear groups' challenge to a U.S. Department of Energy plan to boost production of plutonium cores used in nuclear weapons, saying the DOE hadn't properly considered the potential environmental impact of the plan.

  • September 30, 2024

    Marathon Unit Wants 8th Circ. To Nix Appeal In Pipeline Fight

    A Marathon Petroleum Corp. subsidiary is asking the Eighth Circuit to dismiss an appeal by tribal landowners trying to intervene in its lawsuit challenging the Interior Department's reversal of prior decisions related to a pipeline crossing part of the Fort Berthold Indian Reservation in North Dakota.

  • September 30, 2024

    Del. Justices Asked To Revive Malpractice Suit Against Firms

    Parents who hired Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA to pursue claims that contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child are urging Delaware's Supreme Court to revive their malpractice suit against the firms, saying they didn't "have an adequate opportunity to litigate."

  • September 30, 2024

    GM Asks Full 6th Circ. To Rehear Transmission Defect Case

    General Motors LLC is asking the full Sixth Circuit to hold an en banc rehearing of a panel decision last month affirming class certification in a suit alleging it sold vehicles with defective transmissions that caused shaking and shuddering, saying the panel ignored precedent in allowing the class claims to go forward.

  • September 27, 2024

    Norfolk Derailment Victims' Attys Get $162M After $600M Deal

    A federal judge said Friday that she signed off on a $162 million award to attorneys for a class of residents and others affected by last year's Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, partly because of the "historic participation" in the $600 million settlement.

  • September 27, 2024

    Claims Trimmed In Delaware Jeep Hybrid Defect Class Action

    A Delaware federal judge threw out a number of claims Friday from a proposed class action against automaker FCA US LLC alleging it sold Jeep Wrangler and Grand Cherokee plug-in hybrid vehicles with a defective feature that renders electric driving unavailable, adopting the bulk of a magistrate judge's report filed in July.

  • September 27, 2024

    9th Circ. Says Stem Cell Treatment Not Exempt From FDA Rule

    Two California clinics' experimental stem cell treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations, the Ninth Circuit ruled Friday, reviving the federal government's bid to stop the clinic from marketing the products as cures for certain diseases without U.S. Food and Drug Administration review.

  • September 27, 2024

    NJ Town Urges Court To Keep $1B DuPont Pollution Suit Alive

    Carneys Point Township urged a New Jersey state judge Friday to keep alive its billion dollar lawsuit over pollution from the former Dupont Chambers Works facility, arguing its complaint and the Garden State environmental regulator's enforcement action seeking the remediation of the same site have nothing to do with each other.

  • September 27, 2024

    Hemp Org., Cheech & Chong Take Aim At New Calif. THC Ban

    A leading hemp industry trade organization has teamed up with the cannabis brand fronted by stoner comedians Cheech and Chong to challenge new emergency regulations in California that ban the sale of hemp products containing the psychoactive cannabinoid THC.

  • September 27, 2024

    GM, LG Get Go-Ahead On $150M EV Battery Settlement

    A Michigan federal judge has given preliminary approval to a $150 million settlement to resolve claims that General Motors LLC sold Chevrolet Bolt electric vehicles with faulty batteries made by LG units, finding the deal to be fair and reasonable in resolving the claims.

  • September 27, 2024

    Philip Morris Says Nicotine Pouch Suit Is Preempted

    Philip Morris International Inc. and a subsidiary are urging a Connecticut federal judge to throw out claims that they falsely advertised nicotine pouches as safe and healthy and marketed them to adolescents, saying the claims are preempted by federal law.

  • September 27, 2024

    EPA, Ohio Refinery Ink $169M Wastewater Cleanup Deal

    A Cenovus Energy unit has reached a $169 million deal to resolve the U.S. Environmental Protection Agency's complaint over pollution from a petroleum refinery in Lima, Ohio, the U.S. Department of Justice and the EPA announced Friday.

  • September 26, 2024

    Texas Supreme Court Leaves State Fair Gun Ban Intact

    The state's high court rejected Texas Attorney General Ken Paxton's attempt to toss out the State Fair of Texas' new policy prohibiting fairgoers from carrying handguns, with three justices finding in a late Thursday opinion that, as a private entity, the State Fair has the right to determine if people carry guns at the fair.

  • September 26, 2024

    Nestlé Customers Win Class Cert. In Child Labor Labeling Suit

    A California federal judge on Thursday granted class certification in litigation alleging Nestle USA misleads the public with "sustainably sourced" chocolate labels when its cocoa is produced through child labor and deforestation, rejecting the company's contention that classes can't be lumped together for different labels on different products.

Expert Analysis

  • 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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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