Product Liability

June 11, 2024
Smoking Habit Can't Nix Retired Miner's Black Lung Benefits

The Seventh Circuit on Monday backed a review board's decision to uphold black lung benefits for a retired coal worker who smoked cigarettes through his entire career in the mines, saying it wouldn't second-guess medical findings made at the administrative level.
June 11, 2024
NJ Supreme Court Rejects Bid For Roundup Mass Tort

The New Jersey Supreme Court has rejected a request for litigation against Monsanto Co. and Bayer AG to be designated as multicounty litigation because there are too few cases, according to a notice to the bar published Monday.
June 11, 2024
Watchdog Says EPA's Lead Exposure Notice Program Lagging

The U.S. Environmental Protection Agency is not on track to roll out a public warning system for exposure to lead in drinking water by an October deadline, the EPA's internal watchdog said in a new report.
June 11, 2024
Cigar Co. Can Keep Using Contested 'Dragon' Name For Now

A tobacco company facing a rival's copyright infringement lawsuit over its "Year of the Dragon" cigar boxes can keep using the phrase on products, a Florida federal judge ruled, declining to say the plaintiff is the true owner of the phrase because the company hasn't secured the trademark just yet.
June 11, 2024
Greenberg Traurig Adds Environmental Team From Steptoe

Greenberg Traurig LLP has bolstered its environmental practice with the addition of a shareholder and two assistant directors from Steptoe LLP at its Washington, D.C., office.
June 11, 2024
JPML Consolidates GM, LexisNexis Driving Data Suits In Ga.

Drivers claiming that their auto insurance rates increased after General Motors and its OnStar unit collected driving data without consent and shared the information with LexisNexis Risk Solutions will have their suits consolidated in Georgia federal court, the Judicial Panel on Multidistrict Litigation ruled.
June 11, 2024
J&J Inks $700M Deal To End AGs' Talc Marketing Suits

Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.
June 11, 2024
FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine

The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.
June 10, 2024
ATF Says States Lack Standing In Suit Over Gun Show Rule

The Bureau of Alcohol, Tobacco, Firearms and Explosives told a federal judge in Texas that a coalition of Republican-led attorney generals could not prove how a rule closing the so-called gun show loophole harmed the states.
June 10, 2024
Calif. Targets Oil Giants' Profits In Amended Climate Suit

California Attorney General Rob Bonta on Monday tweaked the state's climate deception suit against Exxon Mobil Corp., Shell, Chevron, ConocoPhillips and BP to also target the oil and gas companies' "illegally obtained" profits under a recently enacted state law.
June 10, 2024
Navy Liable In 'Take-Home' Asbestos Death, Trial Judge Told

The U.S. Navy can't avoid a $12 million wrongful death suit by arguing asbestos safeguards were only advisory at a Washington state shipyard in the 1970s, counsel to the family of a service member's deceased spouse said Monday at the start of a bench trial.
June 10, 2024
Coca-Cola Beats False Ad Claims Of PFAS In Juice, For Now

Coca-Cola defeated, for now, a proposed false advertising class action alleging its line of Simply Tropical fruit juice contains "forever chemicals," when a New York federal judge said Monday the customer lacks standing because his complaint relies on a single allegation of testing without linking the test result to his purchase.
June 10, 2024
DOJ, FDA Form Task Force To Crack Down On Illegal E-Cigs

The U.S. Department of Justice and the U.S. Food and Drug Administration on Monday said that a federal multi-agency task force has been founded to stop illegal sales of e-cigarettes.
June 10, 2024
Ill. Judge Hangs Gain False Labeling Claims Out To Dry

An Illinois consumer who washes clothes with Gain detergent cannot pursue fraud claims targeting a bottle's purported load capacity because she hasn't shown that reasonable customers believe the label refers to large rather than medium loads, a federal judge said Monday.
June 10, 2024
NY Lawmakers Pass Kids Social Media Addiction Bill

New York lawmakers have passed a bill that will rein in social media algorithms from delivering addictive content to minors and sent it to Gov. Kathy Hochul's desk for approval, which is widely expected.
June 10, 2024
Baltimore Lands $45M Deal With Allergan In Opioid Litigation

Baltimore has put to rest its claims that Allergan played a part in the opioid crisis, reaching a $45 million settlement with the pharmaceutical company, an amount the city called "unprecedented" in an announcement on Monday.
June 10, 2024
Triumph Motorcycles Hit With Complaint Over Defective Brakes

An Iowa resident has accused a Georgia-based motorcycle company of putting defective brakes on a bike that caused him to sustain permanent brain injuries after he was unexpectedly thrown from the vehicle, in a complaint filed in North Carolina federal court.
June 10, 2024
Emory Settles With Student Accused Of Cheating With AI Tool

Emory University has reached a settlement with a student who received a $10,000 prize for developing an artificially intelligent study program before being suspended when the school decided the program violated its academic honor code, according to court filings Monday.
June 10, 2024
Split 4th Circ. Tosses Suit Over 'Forever Chemicals' In NC

The Fourth Circuit ruled Monday that environmental groups couldn't challenge in district court the U.S. Environmental Protection Agency's selection of particular so-called forever chemicals for testing after the agency agreed, at the groups' request, to research the chemicals' effects in North Carolina.
June 10, 2024
Judge Orders Site Worker To Film Drone Video In Cancer MDL

A state judge said Monday that additional drone video of cleanup efforts at a contaminated rail yard sought by Houston residents living near the site must be taken by a Union Pacific Railroad Co. employee following a dispute over allegedly improper drone videos filmed over the site last month.
June 10, 2024
Calif. Cannabis Co. Stiiizy Wants Delta-8 Product Suit Tossed

A California cannabis company urged an Illinois federal judge to toss a consumer-led false advertising lawsuit alleging it put higher levels of THC in its vape pens than federally allowed, saying the buyers didn't even purchase the one product that was allegedly tested.
June 10, 2024
Juul Ends FOIA Suit Over FDA E-Cig Decisions

Vaping company Juul Labs Inc. has agreed to drop its Freedom of Information Act lawsuit against the U.S. Food and Drug Administration that sought to obtain documents related to the agency's order requiring its e-cigarettes to be pulled off the market.
June 10, 2024
Victims Of Chiquita-Funded Paramilitaries Win $38M Award

The first bellwether trial in multidistrict litigation against Chiquita over its funding of right-wing paramilitaries in Colombia's banana-producing region ended with a victory Monday afternoon for nearly all the plaintiffs, as a Florida federal jury awarded them $38.3 million in damages for the losses of their loved ones killed by paramilitaries.
June 10, 2024
9th Circ. To Hear Args In Psilocybin Right-To-Try Case

A Ninth Circuit panel will hear oral arguments in August in an appeal brought by a Seattle doctor seeking to administer psilocybin to terminal cancer patients under state and federal right-to-try laws.
June 10, 2024
Snap Slams Connecticut Girl's Renewed Sex Assault Suit

A renewed lawsuit alleging that Snapchat's Bitmoji avatars make it easier for sexual predators and other malicious individuals to groom minors must be dismissed again, Snap Inc. told a Connecticut state court, because the new complaint retreads the same allegations the court already tossed out.

Expert Analysis

Environmental Justice: A 2023 Recap And 2024 Forecast

A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
How 2023 Shaped Drug And Medical Device Legal Trends

2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Considerations for In-House Counsel Before Testing For PFAS

In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
9th Circ. Scienter Ruling May Strengthen FDA's Leverage

A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
Analyzing 1 Year Of Comments On FTC's Green Guides

A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.