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Product Liability
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May 30, 2024
9th Circ. Says Cannabis Co. Can Retry Suit Over Lamp Fire
A Washington cannabis company whose Spokane Valley growing facility was burned down, allegedly due to faulty indoor grow lamps, will get one last shot at suing the company which made the lights, the Ninth Circuit ruled, warning the cannabis company to be "mindful" when filing.
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May 30, 2024
FAA Caps 737 Max Production Amid Boeing Safety Plan Fixes
The Federal Aviation Administration said Thursday it will continue to limit Boeing's production of 737 Max jets as the company presses ahead with overhauling its safety culture under an FAA-mandated corrective action plan following January's midair blowout aboard an Alaska Airlines flight.
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May 30, 2024
Ill. Made 'Big Concession' In 3M PFAS Suit, 7th Circ. Judge Says
A Seventh Circuit judge observed Thursday that the state of Illinois made a "big concession" in its suit accusing 3M of polluting local waters with toxic "forever chemicals" when the state said 3M could avoid liability if Illinois can't prove contamination came exclusively from a particular facility.
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May 30, 2024
Pipe Co. Says Appeals Court Erred In Indemnity Claim Waiver
A steel pipe manufacturer asked Texas' Supreme Court to scrap an appellate court ruling it waived its ability to challenge a trial court order requiring it to defend another manufacturer in a multimillion-dollar suit over faulty pipes, saying the appellate panel should have concluded the company was challenging the decision.
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May 30, 2024
Judge Exits Military Families' Suit Over Fatal Osprey Crash
A California federal judge recused himself from the wrongful death lawsuit launched by the families of the U.S. Marines killed when a Bell-Boeing-made V-22 Osprey went down, a recent court filing shows.
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May 30, 2024
Mich. Judge Refers Atty To Calif. Bar Over Flint PR Stunt
A Michigan federal judge overseeing contaminated drinking water litigation in Flint, Michigan, referred a California attorney to that state's bar on Thursday after the lawyer refused to provide more details, or submit to the court's jurisdiction, over her involvement in an alleged smear campaign targeting a lawyer for Flint children.
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May 30, 2024
Pa. Court Blocks State's Recall Over Cannabis Vape Additives
The Pennsylvania Commonwealth Court has permanently blocked the state Department of Health from enforcing a 2022 recall of medical cannabis products containing certain additives, on the grounds that the department's reversal on the additives' approval was a "de facto regulation" that was enacted without the proper procedures.
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May 30, 2024
Ozempic Maker Says Texas Pharmacy Selling Knockoff Drug
The manufacturer behind the Ozempic weight loss drug has asked a federal court to prohibit a Houston-area pharmacy from selling compounded, non-FDA-approved medications that claim to contain the drug's key ingredient.
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May 30, 2024
Bottler Says It's Owed Defense In Wine Contamination Dispute
A wine bottler told a California federal court its insurer must reimburse defense costs it incurred while fighting a now-settled suit seeking to hold the company liable for a $1.2 million wine contamination, arguing the lawsuit didn't specifically allege what the bottler's actions were nor the cause of contamination.
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May 30, 2024
Kraft-Owned Paper Mill Inks $18M Deal In Emissions Suit
Property owners who sued the operators of a paper mill co-owned by New England Patriots owner Robert Kraft have asked a South Carolina federal court to approve an $18 million settlement to end nuisance and personal injury claims over the mill's emissions.
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May 29, 2024
CFPB Says Citi 'Wrong' On Wire Transfer Rules In NY Suit
The Consumer Financial Protection Bureau is backing New York's attorney general in a lawsuit accusing Citibank NA of failing to adequately protect customers from online wire transfer fraud, arguing the bank is "wrong" about what rules govern its obligations to scam victims.
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May 29, 2024
Spotify Listeners Slam Scrapped Music Device As 'Paperweight'
Spotify has suddenly decided to shut down its "Car Thing" device, which connects listeners' playlists to their cars, making the devices obsolete and leaving customers "with nothing more than a paperweight that cost between $50 and $100," according to a proposed class action filed Tuesday in New York federal court.
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May 29, 2024
5th Circ. Sends Hain Toxic Baby Food Suit To State Court
Grocery store chain Whole Foods Market Inc. and international food company Hain Celestial Group Inc. can't escape a lawsuit seeking to hold them liable for the mental and physical decline of a toddler, allegedly caused by tainted baby food they sold, the Fifth Circuit ruled, saying the case was improperly removed to federal court.
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May 29, 2024
Pot Co. Stiiizy Accused Of Marketing Unsafe High-THC Wares
California cannabis giant Stiiizy has been accused of marketing dangerous high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in one user who brought a product liability and fraud suit Wednesday in Northern California state court.
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May 29, 2024
NC State Is Blocking Probe Of PCBs In Building, Court Told
North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.
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May 29, 2024
South Baltimore Citizens Call On EPA For Incinerator Relief
Baltimore has turned a blind eye to South Baltimore residents suffering from respiratory diseases and persistently urging the city to transition away from Maryland's largest trash incinerator to zero-waste infrastructure for dealing with refuse, two environmental groups and a residents group say in an administrative complaint Wednesday.
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May 29, 2024
Nationwide Says Hyundai, Kia Owe $7.7M For Engine Claims
Nearly a dozen Nationwide insurers told a California federal court Wednesday that Hyundai and Kia are on the hook for 829 engine failure and engine fire claims totaling over $7.7 million in damages resulting from alleged engine defects in certain 2011-2019 vehicle models.
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May 29, 2024
9th Circ. Rejects Objections To $23M Monsanto Roundup Deal
The Ninth Circuit on Wednesday affirmed a district court's approval of a $23 million MDL settlement to resolve claims that Monsanto failed to warn buyers of the carcinogens in its Roundup weed killer, finding there was no indication of collusion as argued by Missouri-based objectors.
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May 29, 2024
P&G Mislabels Tampax Products As 'Pure Cotton,' Suit Says
Procter & Gamble's Tampax-brand "pure cotton" hygiene products are mislabeled and deceptive to customers since the tampons contain non-natural ingredients like polyester and titanium dioxide, according to a putative false advertising class action filed Tuesday in Illinois federal court.
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May 29, 2024
Nestle Purina Sued Over Foul Odors At Denver Plant
Two Colorado residents hit Nestle Purina PetCare Co. with a proposed class action in federal court Tuesday, saying the company's pet food manufacturing facility emits gag-inducing odors that have disrupted lives and reduced property values.
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May 29, 2024
Barilla Pasta Buyers Win Class Cert. In Italy Labeling Suit
A California federal judge on Tuesday certified a class action alleging Barilla falsely labels its pasta as being made in Italy after she rejected the company's argument the class is insufficiently defined since it removed the challenged representation in 2022, finding a well-defined class can include those who suffered no injury.
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May 29, 2024
Mercedes-Benz Fights Class Cert In Takata Airbag MDL
Attorneys for Mercedes-Benz on Wednesday urged the judge overseeing the multidistrict litigation over allegedly defective Takata airbags to deny consumers' bid for class certification, arguing that the evidence is clear the company didn't know of any defects in the airbags before a recall was issued.
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May 29, 2024
Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict
A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.
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May 29, 2024
Neoprene Co. Calls EPA Rule Deadline 'Surprise Switcharoo'
A Louisiana-based neoprene manufacturer is asking the D.C. Circuit to immediately block the U.S. Environmental Protection Agency from enforcing a chemical emissions rule that will directly impact the company.
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May 28, 2024
Green Group Says EPA Issued Fraudulent PFAS Report
The U.S. Environmental Protection Agency lied to the public about the prevalence of what have come to be called "forever chemicals" in certain pesticide products available on the market, according to an advocacy group that has accused the agency of "egregious misconduct."
Expert Analysis
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Opinion
Proposed Rule Misses The Mark On Improving MDLs
The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.