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Product Liability
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October 15, 2024
Feds Seek Court's OK On $350M Norfolk Southern Spill Deal
The federal government has asked an Ohio federal judge to approve a nearly $350 million settlement to close out the U.S. Environmental Protection Agency's legal claims against Norfolk Southern over the fiery February 2023 train derailment and toxic chemical spill in East Palestine.
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October 15, 2024
Motley Rice May Avoid DQ In Boston Opioid Case, Judge Hints
A Massachusetts federal judge on Tuesday appeared skeptical of a bid by pharmacy benefit manager OptumRX to disqualify Motley Rice LLC from representing the city of Boston in a lawsuit over the company's alleged role in the opioid crisis.
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October 15, 2024
$5M Alcoa Unit Deal Ends EPA's Smelter Foul-Air Suit
A Washington federal judge on Tuesday approved an Alcoa Corp. subsidiary's $5.25 million settlement with the federal government over the alleged release of illegal levels of pollutants at a now-shuttered Washington aluminum smelting plant.
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October 15, 2024
Justices Mull RICO's Scope In Trucker's CBD Case
U.S. Supreme Court justices on Tuesday appeared conflicted whether to sanction a commercial trucker's attempt to bring a racketeering claim against CBD companies, whose allegedly mislabeled products the trucker claims led to his firing.
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October 15, 2024
Judge Rejects Firm's 'Support' Framing In Racetrack Flaw Suit
A Florida state judge on Tuesday denied an attempt by a British racetrack consultant to define its role as merely providing "support" to the construction of a track that failed during the Formula 1 Miami Grand Prix race in 2022.
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October 15, 2024
J&J Hit With $15M Verdict In Builder's Mesothelioma Suit
A Connecticut state court jury on Tuesday slammed Johnson & Johnson and several subsidiaries with a $15 million compensatory damages verdict for a real estate developer who sought to hold the companies liable for his mesothelioma diagnosis.
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October 15, 2024
Lit Funder-Backed Co. Says NJ Judicial Privacy Law Is Valid
A New Jersey judicial privacy law is not unconstitutional since it requires that defendants act negligently by knowingly violating the law, a data privacy company said in seeking to prevent the dismissal of dozens of lawsuits, which the company also acknowledged are being funded by third-party litigation funder Parabellum Capital LLC.
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October 15, 2024
Insurer Asks Court To Weigh In On Damaged Embryo Suit
An insurer for a fertility clinic asked a Texas federal court to determine whether it owes coverage for an underlying suit accusing the clinic of knowingly transferring damaged or destroyed embryos into patients.
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October 15, 2024
EPA Pitches Deal For Endocrine-Disruptor Screening Suit
The U.S. Environmental Protection Agency is proposing a plan to settle a lawsuit that farmworker and environmental health groups brought over its alleged inaction on an Endocrine-Disruptor Screening Program meant to consider how pesticide chemicals may harm people's hormone systems.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 11, 2024
Pharmacist Gets Up To 15 Years In Mich. For Fatal Outbreak
A pharmacist charged for the deaths in a 2012 fatal fungal meningitis outbreak was sentenced Friday afternoon in Michigan state court to 7½ to 15 years in prison, concluding the state's case that had been pending for six years, the pharmacist's attorney has announced.
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October 11, 2024
Ill. Judge Trims Labeling Suit Over Coca-Cola's Soda Water
An Illinois federal judge essentially halved on Friday two consumers' false advertising suit targeting artificial sweeteners allegedly found in Coca-Cola's Fresca soda water, cutting one plaintiff and one focus of their consumer fraud claims from the case.
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October 11, 2024
Up Next At High Court: CBD Injuries & The Clean Water Act
The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.
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October 11, 2024
Monsanto Inks $35M Deal With LA For Waterway Cleanup
Los Angeles announced Friday it inked a $35 million settlement with Bayer AG's Monsanto Co. and two other companies over their alleged contamination of the city's bodies of water with toxic chemicals, ending the 2½-year-old lawsuit, with the companies agreeing to various cleanup efforts and reimbursement for previous costs.
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October 11, 2024
Sleep Machine Maker Sued Over Recalled Baby Devices
A New Yorker hit a California-based sleep product manufacturer with a proposed class action alleging that one of the company's products for babies — which has been recalled — has a defective power adapter that can cause shocks.
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October 11, 2024
Court Allows Calif. Hemp Ban To Remain In Effect
A California state judge on Friday ruled that the Golden State's new ban on hemp products with THC will remain in effect, rejecting a bid by a leading hemp industry trade organization and the cannabis brand fronted by stoner comedians Cheech and Chong to halt the emergency rules.
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October 11, 2024
Bellwether Plaintiffs Let Halliburton Escape Pollution Dispute
Two bellwether plaintiffs in litigation seeking to hold the owners and operators of a former pipe manufacturing facility liable for contamination have agreed to permanently drop their claims against Halliburton Energy Services.
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October 11, 2024
J&J Should Pay $30M For Developer's Cancer, Conn. Jury Told
Attorneys for a western Massachusetts real estate developer on Friday urged a Connecticut jury to award $30 million for past and future suffering to a lifelong Johnson & Johnson baby powder user diagnosed with mesothelioma, but the company's attorneys suggested $4 million was a more reasonable figure while contesting liability whatsoever.
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October 11, 2024
Justices Will Evaluate RICO Scope In Trucker's CBD Case
The U.S. Supreme Court on Tuesday will hear a case brought by a trio of CBD companies asking the justices to establish whether a trucker can bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act, or RICO.
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October 11, 2024
Asbestos Claimants Say Kaiser Ch. 11 Plan Should Stand
Asbestos injury claimants in Kaiser Gypsum Co.'s bankruptcy case have asked the Fourth Circuit to uphold the company's Chapter 11 plan, saying the arguments against it by Kaiser's primary insurer are based on speculative harms.
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October 11, 2024
Lyft Algorithm Defect Claim Dismissed In Sex Assault Suit
A Pennsylvania federal judge has thrown out a products liability claim in a woman's suit against Lyft Inc. over a sexual assault by a man posing as one of its drivers, saying she didn't seek leave from the court to add the claim and it was filed too late.
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October 11, 2024
Stellantis Defeats Utah Class Cert Bid In Gearshift MDL
A Michigan federal judge declined to certify a class of Utah drivers seeking to hold Stellantis North America liable for defective gearshifts in certain Dodges, Chryslers and Jeeps, reasoning that each of the claims would have to be evaluated to determine if drivers noticed issues in the vehicles but purchased or leased them nonetheless.
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October 11, 2024
DOJ Tells Judge Boeing Plea Is 'The Best The Gov't Could Do'
The federal government told a Texas federal judge Friday that its proposed deal with The Boeing Co. over allegations that it lied to safety regulators about the 737 Max 8's development is "the best the government could do," pushing back against vehement objection from crash victims' families, who called the deal "rotten" and "morally reprehensible."
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October 11, 2024
Nintendo, Epic Games Dropped From Addictive Gaming Suit
Nintendo of America Inc. and Epic Games Inc. have been dropped from a lawsuit filed against them and other well-known companies by a gamer who alleged they intentionally got users addicted to boost profits.
Expert Analysis
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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How Cos. Should Handle Research Org.'s Carcinogen Evals
In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.