Product Liability

  • March 18, 2025

    NY Can't Escape Rail Cos. Challenge To 'Waste By Rail' Law

    Railway and recycling industry groups can proceed with their challenge to a New York law that requires coverings be placed over solid waste when transported by rail within the state, a federal judge has said, as they have plausibly claimed that the state law is preempted by federal law.

  • March 18, 2025

    BetterHelp Demands Insurer Assist In $7.8M FTC Payment

    Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.

  • March 18, 2025

    Kaiser Insurer Says Ch. 11 Plan Doesn't Protect Against Fraud

    Truck Insurance Exchanged told a panel of Fourth Circuit judges Tuesday that the confirmed Chapter 11 plan of Kaiser Gypsum Co. should be overturned as a bad faith filing because it doesn't impose simple measures to prevent asbestos injury claim fraud.

  • March 18, 2025

    Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit

    A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.

  • March 18, 2025

    Savannah Wants 3M PFAS Pollution Suit Back In State Court

    Savannah's lawsuit against 3M Inc. and others over the "forever chemical" contamination of its drinking water should remain in Georgia state court, the city argued in an emergency bid, saying the company wants to push the municipality into a "judicial purgatory."

  • March 17, 2025

    Poppi Buyers Ink $8.9M Deal Over 'Gut Healthy' Soda Claims

    A group of Poppi-brand soda consumers asked a California federal judge Friday to greenlight an $8.9 million proposed settlement that would resolve consolidated false advertising claims alleging the beverage company misleadingly touted its products as "prebiotics for a healthy gut."

  • March 17, 2025

    Ex-Opioid Co. CEO Wants Out Of Law Firm's Billing Suit

    A convicted former CEO of an opioid distributor is urging a New York federal judge to dismiss his criminal defense firm's suit against him over an alleged unpaid $150,000 expert witness tab, saying the suit fails because of "the clear and unambiguous language of the retainer agreements."

  • March 17, 2025

    Jonny Pops Can't Stop Rival's Suit Over '100% Real Fruit' Label

    A Texas federal judge refused to discard GoodPop's false advertising suit alleging Jonny Pops copied its popsicles and misleadingly labeled them as being made with "100% real fruit" and "simple ingredients" despite containing an unhealthy amount of added sugar, ruling Jonny Pops's statements, accompanied by images of fruit, could mislead consumers.

  • March 17, 2025

    Ford Seeks New Trial After $2.5B Ga. Rollover Verdict

    Ford Motor Co. has asked a Georgia federal judge for a new trial after being hit with a $2.5 billion punitive damages verdict last month in a fatal Super Duty truck rollover trial, claiming jurors improperly learned about a prior, now-scrapped $1.7 billion verdict against the company over a similar accident.

  • March 17, 2025

    Toyota Seeks Exit From Investors' Emission Tests Fraud Suit

    Toyota Motor Corp. has asked a California federal judge to dump a proposed class action alleging it deceived investors by failing to thoroughly investigate reports of falsified vehicle certification data, saying the plaintiffs have twisted executives' public statements to inflate their securities fraud claims.

  • March 17, 2025

    Savannah Sues Over PFAS Pollution In River

    Numerous chemical and manufacturing companies, including 3M and DuPont, tainted the water supply of the city of Savannah, Georgia, with "forever chemicals" despite knowing for decades the dangers these substances pose, according to a lawsuit removed to federal court.

  • March 17, 2025

    LA Settles Suit Over Port's Alleged Pollutant Discharges

    Los Angeles and an environmental nonprofit announced they have settled a Clean Water Act suit filed this past summer in federal court that accused the city of violating its wastewater discharge permit by exceeding limits on dangerous pollutants dispersed into the San Pedro Bay.

  • March 17, 2025

    Insurer Drops Claims That Lamp Cos.' Negligence Caused Fire

    A Detroit cannabis farm and its insurance company have agreed to drop a lawsuit alleging a host of lighting and gardening equipment manufacturers negligently designed and marketed their products, after a grow lamp malfunction led to a fire that caused more than $8.5 million of damage at a grow facility.

  • March 17, 2025

    NC AG Fights TikTok's Early Exit From Addiction Suit

    North Carolina is pushing back on TikTok's bid to sidestep a lawsuit accusing it of knowingly addicting young users to its platform, arguing that the state court has jurisdiction because the company has engaged directly with "over a million children and teens" within its borders.

  • March 17, 2025

    Union, Green Groups Fight EPA Bid To Redo Biden TSCA Rule

    Labor unions and green groups are asking the D.C. Circuit to reject the U.S. Environmental Protection Agency's bid to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.

  • March 17, 2025

    Seeger Weiss Atty Tapped To Lead Depo-Provera Plaintiffs

    A Florida federal judge on Sunday selected Christopher Seeger of Seeger Weiss LLP to lead the team representing plaintiffs in the multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera.

  • March 14, 2025

    ExxonMobil Brings $14M Clean Air Act Suit To High Court

    ExxonMobil on Friday urged the U.S. Supreme Court to overturn both a "radically divided" en banc Fifth Circuit's opinion upholding $14.25 million in air pollution penalties as well as a decades-old high court ruling concerning redressability, saying it was being made to pay penalties environmental group plaintiffs won't even receive.

  • March 14, 2025

    Fort Worth's Unwieldy PFAS Suit Against Gov't, Cos. Gets Split

    A Texas federal judge on Friday ruled that Fort Worth's $420.6 million suit seeking to hold the federal government and various manufacturers liable for PFAS contamination must be split into separate cases, or risk being too unwieldy and confusing for jurors.

  • March 14, 2025

    Ford Bronco TM Suit Looks Under Hood Of Vintage Market

    Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.

  • March 14, 2025

    LG Unit Must Face Ga. Jury Over Exploding Battery Claims

    LG Chem America Inc., a subsidiary of Korea's LG Chem Ltd., can't toss a suit from a man who claims one of its lithium ion batteries exploded in his pocket, after a Georgia state court judge ruled the company may not have done enough to prevent its batteries being misused for vapes.

  • March 14, 2025

    US Trustee Pans Pump Co.'s $9M Asbestos Insurance Deal

    The U.S. Trustee's Office has challenged a proposed $9 million settlement between a Chapter 7 trustee for a bankrupt Connecticut pump company and two insurers, saying the agreement nonconsensually deprives third parties of their asbestos-related personal injury claims against the insurance carriers.

  • March 14, 2025

    Antigua Clinic Accused Of Lying About 'Miracle' Cancer Cure

    A company called ExThera Medical Corp. has been sued in California federal court over a cure, backed by a billionaire investor, marketed for metastatic cancer but was actually a "dangerous medical experiment."

  • March 14, 2025

    Judge Vacates Baby Formula Trial Win For Abbott, Mead

    A Missouri judge on Thursday threw out a jury verdict that cleared Abbott Laboratories and Mead Johnson of liability in a joint trial over claims their baby formula causes a serious condition in preterm infants, saying a new trial is necessary because the defense "intentionally violated the court's orders and rulings by improperly introducing the inadmissible evidence to the jury, time after time."

  • March 14, 2025

    Lewis Brisbois Adds Goldberg Segalla Litigation Quartet In SF

    Lewis Brisbois Bisgaard & Smith LLP announced Friday that it has added a four-attorney team in San Francisco from Goldberg Segalla LLP to bolster its efforts to advise clients in products liability, toxic torts and other matters.

  • March 14, 2025

    Colo. Jury Rejects Claims Sterilization Co. Caused Cancer

    A Colorado jury Friday morning rejected four women's claims that emissions from a Terumo BCT Inc. medical sterilization plant caused their cancer, finding after a six-week bellwether trial that the company was not negligent in how it handled emissions of a toxic sterilization chemical.

Expert Analysis

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • Opinion

    CPSC's Amazon Ruling Is A Win For Safety, Accountability

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    A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Unpacking Liability When AI Makes A Faulty Decision

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    As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.

  • What Advisory On Alcohol And Cancer May Mean For Cos.

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    While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • Navigating The Uncertain Future Of The Superfund PFAS Rule

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    The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.

  • What To Know About Insurance Coverage For Greenwashing

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    As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Opinion

    California Climate Lawsuit Bill Is Constitutionally Flawed

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    A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

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