Product Liability

  • February 21, 2025

    Exxon Can't Dodge RICO Claims In Puerto Rico Federal Court

    A U.S. magistrate judge said Puerto Rican municipalities should be allowed to pursue racketeering and antitrust claims against energy companies including Exxon Mobil Corp. that they allege misrepresented the climate dangers of fossil fuel products.

  • February 21, 2025

    Dispute Over FDA Menthol Cigarette Ban Paused Until August

    A California federal judge has agreed to pause a lawsuit alleging that federal health regulators slow-walked implementing a ban on menthol cigarettes while new leadership assumes control of the U.S. Department of Health and Human Services.

  • February 21, 2025

    Alcon Hit With Suit Over Allegedly Contaminated Eye Drops

    Alcon Laboratories Inc. has been hit with a proposed class action in Colorado federal court alleging that its eye drops are contaminated by fungus, in a case brought by a woman who says she was injured by using the drops for months.

  • February 21, 2025

    Weight Loss Drug Patient Drops Appeal In Cancer Risk Suit

    Days after arguing her case before a skeptical Third Circuit panel, a woman who alleges she suffered financial harm by buying a weight loss drug that purportedly causes cancer — which she said she has not been diagnosed with — has voluntarily dismissed the case.

  • February 21, 2025

    Nuke Plant Renewal Rules Ignore Climate Risks, DC Circ. Told

    Anti-nuclear power groups told the D.C. Circuit that the U.S. Nuclear Regulatory Commission unlawfully ignored accident risks due to aging equipment and climate change when it crafted new nuclear power plant license renewal rules.

  • February 21, 2025

    Veolia Ends One Of Few Remaining Flint Water Suits For $53M

    A water engineering firm on Friday said it will pay $53 million to settle claims from the state of Michigan and thousands of Flint residents who allege the company failed to properly identify corrosion control treatment issues or alert officials to the dangers of the city's water, prolonging the water crisis.

  • February 21, 2025

    Product Liability Group Of The Year: Lieff Cabraser

    Lieff Cabraser Heimann & Bernstein LLP helped obtain a $600 million settlement from Norfolk Southern over a train derailment and secured an early win in a social media addiction case against Silicon Valley heavyweights, earning it a spot among the 2024 Law360 Product Liability Groups of the Year.

  • February 20, 2025

    DOJ Says Job Protections For ALJs Are Unconstitutional

    The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.

  • February 20, 2025

    Green Groups Ask 9th Circ. To Press EPA Again On Atrazine

    Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."

  • February 20, 2025

    Nootropics Co. Can't Push Nurse's Suit To Arbitration

    Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.

  • February 20, 2025

    NY AG Sues 13 Vape Cos. Over Flavored Products

    The New York attorney general on Thursday sued 13 electronic cigarette makers and sellers in federal court, alleging that they are illegally selling flavored vapes in violation of both state and federal law, contributing to the youth vaping epidemic.

  • February 20, 2025

    Former State Farm Atty Joins Goldberg Segalla In Philly

    A planned move back to the Philadelphia area after more than four years in Illinois has prompted an attorney with expertise in product liability and toxic tort litigation to join Goldberg Segalla LLP's Philadelphia office.

  • February 20, 2025

    Conn. Atty Seeks New Injunction Against Ex-Law Partner

    Connecticut attorney Ryan McKeen is causing irreparable harm to the windup of his former law firm and should be barred from any further involvement like communicating with vendors, contractors and accountants, his onetime 50-50 partner told a state court judge in seeking a temporary injunction.

  • February 20, 2025

    Product Liability Group Of The Year: DLA Piper

    DLA Piper convinced an Arkansas jury to clear Monsanto of potentially hundreds of millions of dollars in liability relating to the herbicide Roundup and also garnered some achievements in multidistrict litigation over Ozempic, earning it a spot among the 2024 Law360 Product Liability Groups of the Year.

  • February 20, 2025

    Ex-Opioid CEO's Billing Spat With Trial Atty Lands In Court

    A Manhattan federal judge teed up a briefing schedule Thursday after a fight over expenses erupted between convicted former opioid CEO Laurence Doud and the lawyer who represented him at his criminal trial, who says Doud still owes $150,000.

  • February 19, 2025

    Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues

    Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.

  • February 19, 2025

    Alaskan Village Says Its Immune From Residents' Casino Suit

    An Alaskan Native village is asking a federal district court to dismiss a challenge by a group of Anchorage residents that seeks to block its plans for a 58,000-square-foot casino, arguing that it is a required party in the litigation that has not waived its sovereign immunity.

  • February 19, 2025

    Lululemon Gets 'Greenwashing' Ads Suit Tossed

    Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.

  • February 19, 2025

    MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told

    Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.

  • February 19, 2025

    Parents Fight Riddell's Bid To Move Defective Helmet Lawsuit

    Parents of a high school football player who suffered severe brain injuries due to an allegedly faulty helmet are urging a Texas federal judge to reject sports equipment maker Riddell Inc.'s bid seeking to transfer the litigation to a different court, saying the current location is "far more convenient" for most witnesses.

  • February 19, 2025

    3rd Circ. Doubts Alleged Cancer Risk Devalued Drug

    A Third Circuit panel on Wednesday seemed skeptical that a woman who bought and used a weight loss drug suffered financial harm after she found out it could cause cancer, with the judges aggressively pushing back on her argument that she did not get what she paid for.

  • February 19, 2025

    LA Gardasil Trial Against Merck Bagged After 3 Weeks

    A Los Angeles state court trial over the alleged dangers of Merck & Co. Inc.'s human papillomavirus vaccine Gardasil was abruptly called off after three weeks of testimony, with a new panel of jurors slated to hear the case next fall instead.

  • February 19, 2025

    No Coverage For Seller In NY Ghost Gun Suits, Insurer Says

    The insurer for a company suspected of selling components used to make illegal "ghost guns" told a New York federal court that it owed no coverage for three underlying government suits alleging that the company contributed to the sale of weapons that are harder for law enforcement to trace.

  • February 19, 2025

    BP Must Face Contract Claim In Bayer's $12M Benzene Suit

    BP can't escape claims that it breached its contract with a chemical supplier currently defending a $12 million lawsuit from Bayer over alleged benzene contamination in two antifungal sprays, an Illinois federal judge ruled on Tuesday.

  • February 19, 2025

    Calif. Bill Aims To Ban Sale Of Anti-Aging Products To Minors

    A San Francisco Bay Area legislator has introduced a new bill that bans the sale of anti-aging products "that contain potent and harsh ingredients" to people under the age of 18 in the Golden State.

Expert Analysis

  • 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.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

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