Product Liability

  • February 28, 2025

    GM Parking Defect Suit Dismissed After Settlement

    A Michigan federal judge has dismissed a class action alleging General Motors LLC sold vehicles with a defective shifter that couldn't detect when the vehicles are in park following a notice that the parties had reached a settlement.

  • February 28, 2025

    11th Circ. Asked To Revive Defect Claims In Tesla Crash Suit

    The father of a teenager killed in a Tesla crash asked the Eleventh Circuit on Friday to revive his battery defect claims against the electric car maker, arguing that the lower court should have allowed them to go to a jury.

  • February 28, 2025

    Lewis Brisbois Adds Miami Litigation Trio From Fowler White

    Lewis Brisbois Bisgaard & Smith LLP added a trio of experienced litigation partners to its products liability practice in Miami from Fowler White Burnett PA.

  • February 28, 2025

    Fla. Justices Say Atty Broke Rules With Nonviable Engle Suits

    The Florida Supreme Court has found an attorney guilty of violating court rules by filing baseless Engle progeny suits and failing to properly communicate with his clients, and told a referee to determine the appropriate sanction.

  • February 27, 2025

    Ford's Electric Mustang Can Trap Occupants, Drivers Say

    The Ford Motor Co.'s electric Mustang's electronically latched doors could pose a significant danger and trap the car's occupants in the event of a battery failure or loss of power to the vehicle, according to a proposed class action filed Thursday in California federal court.

  • February 27, 2025

    Norfolk Southern Escapes Investors' Derailment Fraud Suit

    A New York federal judge on Thursday dumped a proposed securities fraud class action alleging Norfolk Southern misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to 2023's fiery derailment in East Palestine, Ohio.

  • February 27, 2025

    Feds Can't Dodge Firefighting Foam Suits Yet, SC Judge Rules

    A South Carolina federal judge on Thursday denied the U.S. government's push to escape dozens of suits over contamination allegedly stemming from its use of forever chemical-containing firefighting foams, saying cases involving a military base in New Mexico showed its global motion to dismiss to be inappropriate.

  • February 27, 2025

    Safeway Peanut Butter Cookies Caused Death, Suit Says

    Albertsons and Safeway are facing a wrongful death lawsuit from the family of an elderly Washington woman who allegedly bought supermarket cookies mislabeled as oatmeal raisin that contained undeclared peanuts, which triggered a fatal allergic reaction.

  • February 27, 2025

    NRA Urges High Court to Consider NY Carry Law Case

    The National Rifle Association and the superintendent of New York State Police are at odds over whether the U.S. Supreme Court should take up a case regarding a state law requiring "good moral character" as a prerequisite to obtaining a gun permit, with both sides filing dueling briefs to the justices.

  • February 27, 2025

    CooperSurgical Says Unique IVF Claims Require Separate Trials

    Fertility company CooperSurgical Inc. is pushing back against the suggestion that four lawsuits accusing the company of negligently destroying embryos with its recalled culture media could be consolidated into one trial, saying the couples' varied location and unique IVF situations preclude joining them.

  • February 27, 2025

    Alsup Halts 'Illegal' Firings Of Probationary Federal Workers

    U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.

  • February 27, 2025

    Landlords Can't Duck Injury Claim From Dweller Not On Lease

    A Washington state appeals court said Thursday that landlords must face a claim from a pregnant woman who was injured from a fall down a flight of stairs, even though she had not signed the rental lease, in an opinion that said the lower court erred by tossing the case on the eve of trial without giving proper notice.

  • February 27, 2025

    $40M Deal OK'd For Suit Over Emergent Vax Flub

    A Maryland federal judge approved a $40 million settlement between Emergent BioSolutions Inc. and a class of investors claiming that it misled them about its ability to meet the demands of two high-profile contracts to produce components of COVID-19 vaccines, leading the stock price to tumble after production deficiencies were discovered.

  • February 27, 2025

    Lead Testing Co. Director To Admit False Statements

    A former quality assurance director for Magellan Diagnostics will plead guilty to making misleading statements to the government about a malfunction in a device that measures lead levels in blood, according to filings in Massachusetts federal court Thursday.

  • February 27, 2025

    Judge Limits Atty Expert Witnesses In Legal Malpractice Trial

    An Illinois federal judge on Wednesday barred attorneys who aren't expert witnesses from giving testimony about what they would have done differently from Quinn Johnston Henderson & Pretorius Chtd. in an upcoming trial on claims the firm's botched defense caused their client "enormous loss."

  • February 27, 2025

    Abbott Beats Ill. Customers' Similac Metals Suit

    Similac customers who say Abbott Laboratories illegally failed to warn the public about heavy metals in its infant formula cannot take those claims to trial because they haven't established damages, an Illinois federal judge said Wednesday.

  • February 27, 2025

    Georgia's Outside Funding Regulations Clear State Senate

    The Georgia State Senate unanimously advanced new regulations on third-party litigation funding Thursday as Gov. Brian Kemp's marquee tort reform package continues to march largely unimpeded through the state Legislature.

  • February 27, 2025

    Conn. Firm Windup Fight Belongs In Arbitration, Court Told

    Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.

  • February 26, 2025

    Mercedes-Benz Drivers Win Class Cert. In Fla. Airbag MDL

    A Florida federal judge overseeing the multidistrict litigation over defective Takata airbags granted certification to several single and multistate class of Mercedes-Benz drivers on Wednesday, finding common issues connect the cases and that they can be efficiently managed in a single trial.

  • February 26, 2025

    Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit

    Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.

  • February 26, 2025

    Walmart Injury Suit Wrongly Axed For Fraud, Panel Says

    A Florida state appeals court on Wednesday revived a suit seeking to hold Walmart liable for injuries suffered by a woman who allegedly ate contaminated chicken from the store, saying possible lies the woman told during a deposition didn't warrant dismissal.

  • February 26, 2025

    Driver's Suit Time-Barred Because Alleged Defect Too Obvious

    A supposed defect with a Mercedes-Benz 2016 compact sedan was so apparent that buyers should've been aware of the alleged issue at the time of purchase, a Georgia federal judge has ruled, ending a proposed class action because the driver filed suit too long after he bought the car.

  • February 26, 2025

    Enviro Group Says Chemours Is Dumping PFAS In Ohio River

    A nonprofit has asked a West Virginia federal court to stop Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River.

  • February 26, 2025

    Wash. Judge Says Officials Are Immune To Energy Code Suit

    A Seattle federal judge has thrown out a building industry coalition's renewed legal challenge to Washington regulations that discourage natural gas appliances in new construction, ruling the state officials named as defendants are protected because they aren't responsible for enforcing the rules.

  • February 26, 2025

    Supreme Court Backs Broad View Of Lawsuit Revival Rule

    Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.

Expert Analysis

  • What NHTSA's Autonomous Vehicle Proposal Means For Cos.

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    The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

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