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Product Liability
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August 26, 2024
Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med
A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.
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August 26, 2024
Funds Say Norfolk Southern Can't Ditch Derailment Fraud Suit
Pension funds have told a Georgia federal judge that they've laid out in exacting detail their allegations that Norfolk Southern eroded safety standards by embarking on risky cost-cutting moves and slashing its workforce, culminating in last year's fiery derailment in East Palestine, Ohio, and ultimately backfiring on investors.
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August 26, 2024
Parents Sue Kratom Cos. Over Adult Daughter's Death
The parents of a woman who died allegedly due to a kratom overdose are suing manufacturers and retailer sellers of the supplement, saying the companies should have known their product was "unreasonably dangerous" for humans to eat, according to a Colorado state lawsuit.
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August 26, 2024
Insurer Says Others Owe Payment In Asbestos Injury Rows
An insurer that said it exceeded its coverage obligations for underlying asbestos injury litigation by millions of dollars has asked a Michigan federal court to determine how much other entities must pay in connection with the underlying suits.
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August 26, 2024
Sig Sauer Can't Depose Wife Again In $30M Pistol Defect Suit
Sig Sauer won't get a second chance at deposing the wife of a man who's suing the firearm maker after his pistol allegedly discharged without warning, a North Carolina federal judge has ruled, saying the spouse is out of his jurisdiction.
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August 26, 2024
Federal Lawmakers Demand USDA Fix Tribal Food Backlog
A bipartisan group of U.S. senators is demanding that the U.S. Department of Agriculture take immediate action to restore food deliveries to tribal communities impacted by an unfolding crisis that they say has left some with expired or no food at all for months.
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August 26, 2024
CLE Co. Accused Of Sharing Subscriber Data With Facebook
A proposed class of legal professionals has hit Lawline with a putative class action in New York federal court, accusing the continuing legal education company of violating the Video Privacy Protection Act by sharing subscribers' information, including services and video viewing history, with third parties such as Facebook for targeted advertising purposes.
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August 26, 2024
Grubhub Can't Escape Suit Over Judge Killed By Driver
Grubhub must face a lawsuit brought by the family of a Phoenix-area judge who died after being struck by one of the food delivery service's drivers since the app that allegedly distracted the driver could be considered a "product," an Arizona state court judge has ruled.
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August 26, 2024
JPMorgan Cash Sweep 'Shortchanged' Customers, Suit Says
JPMorgan Chase has been hit with a proposed class action in New York federal court alleging its securities branch "shortchanged" customers by automatically "sweeping" their uninvested cash balances into deposit accounts at its affiliate, Chase Bank.
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August 23, 2024
Biotech Co. In Wrongful Death Suit Over Destroyed Embryo
A manufacturer of oil used in the in vitro fertilization process has been hit with a number of federal lawsuits filed by couples who claim defects in the oil destroyed their embryos, with the most recent suit seeking wrongful death damages and asserting that "the right to life" begins at "fertilization."
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August 23, 2024
McKinsey Opioid Suits Sent Back To NY, Illinois State Courts
A California federal judge has remanded, to their respective state courts, cases brought by dozens of New York municipalities and two Illinois counties against McKinsey & Co. over its alleged role in the opioid crisis, saying the consulting firm's "tortured interpretations of state law" don't give the Golden State jurisdiction.
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August 23, 2024
Starbucks Sued By Woman Burned By Spilled Hot Coffee
A Los Angeles woman has hit Starbucks Corp. with a suit alleging she was burned in a drive-through when the faulty lid of her coffee cup came off as she was being served, and the excessively hot coffee spilled out and scalded her.
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August 23, 2024
The Biggest Product Liability Cases Of 2024: A Midyear Report
A U.S. Supreme Court ruling that formally ended judges' decades-long deference to federal agencies' understanding of the law, as well as multibillion-dollar settlements over so-called forever chemicals, made Law360's list of top product liability developments so far this year.
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August 23, 2024
737 Max Families Spurn DOJ, Boeing's 'Cozy' Plea Deal
Families of victims of the 737 Max 8 crashes told a Texas federal judge on Friday that the U.S. Department of Justice's "cozy" plea agreement with Boeing must be rejected because it's based on misleading facts and shoddy math that overlook the tragic deaths of 346 people.
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August 23, 2024
Class Wants $2.1M In Fees In Home Depot Hose Fight
A class suing Home Depot Corp. and Reliance Worldwide Corp. asked a Georgia federal judge to award them $2.1 million in attorney fees, more than $160,000 in expenses and $35,000 for class representative service awards in connection with a settlement that was preliminarily approved in March.
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August 23, 2024
The Biggest Enviro Policy Moves Of 2024: Midyear Report
As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles.
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August 23, 2024
Georgia Cases To Watch In The Last Half Of 2024
The prosecutions of former President Donald Trump and his election interference case codefendants, along with Atlanta rapper Young Thug's bid to have the judge overseeing his racketeering trial removed from the case, will take center stage in Georgia's courts as we enter the second half of 2024.
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August 23, 2024
Grocery Chain Wants 'Scandalous' Claims Out Of Allergy Suit
The estate of a professional dancer who died after eating a mislabeled cookie that contained peanuts should revise its Connecticut state court complaint against a grocery chain and several of its employees to remove "scandalous" and "immaterial" allegations, the defendants said in a new filing.
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August 22, 2024
PBMs Can't Yet Duck Municipalities' Claims In Opioid MDL
The Ohio federal judge overseeing multidistrict opioid litigation on Thursday refused, for now, to throw out claims against pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., finding that the PBMs' arguments were brought too early and a more robust record is needed.
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August 22, 2024
Texas Appeals Knocks $1M Hernia Mesh Fee Ask Down To $135K
A Texas appeals court on Wednesday upheld an arbitration award of $135,000 in attorney's fees in a decadeslong hernia mesh litigation dispute while denying the firm's request for $1 million.
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August 22, 2024
9th Circ. Revives Suit Over App-Maker's Anti-Bullying Pledge
The Ninth Circuit on Thursday revived a lawsuit against anonymous messaging app-maker Yolo Technologies over claims it didn't enforce its commitment to reveal and ban users who harass and bully others, finding Yolo repeatedly promised to do so, but never did, "and may have never intended to."
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August 22, 2024
Zantac Cases Must Remain In State Court, Conn. Judge Rules
Two groups of patients can continue their lawsuits in Connecticut state court against GlaxoSmithKline LLC, Pfizer Inc. and Sanofi-Aventis US LLC, a judge has ruled, refusing to immediately truncate novel tort claims that seek to connect generic versions of Zantac with cancer.
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August 22, 2024
Takata Airbag Victim's Family Sues Dealer, Victims' Trust Fund
The family of a woman killed by an exploding airbag made by the now-defunct Takata Corp. is suing the Honda dealership that sold the car and a trust fund formed to compensate people injured or killed by the defective airbags.
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August 22, 2024
Consumer Rebuffs Reynolds' Bid To Nix 'Made In The USA' Case
A woman challenging Reynolds Consumers Products LLC's aluminum foil's "Made in the U.S.A." labeling urged a New York federal court against freeing the company from her lawsuit, arguing that she had sufficiently shown how the label could harm consumers.
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August 22, 2024
California Fires Back At Red State Attacks On Climate Torts
California and a contingent of blue states told the U.S. Supreme Court that their climate change torts against fossil fuel companies are on solid legal ground and that an effort by Alabama and other red states to undercut them must be rejected.
Expert Analysis
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3 Principles For Minimizing The Risk Of A Nuclear Verdict
In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Opinion
New Rule 702 Helps Judges Keep Bad Science Out Of Court
A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Opinion
Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs
While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.
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Googling Prospective Jurors Is Usually A Fool's Errand
Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.
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A Look Into How Jurors Reach High Damages Awards
In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.
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Opinion
Food Safety Bill Needed To Protect Kids From Heavy Metals
The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.
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Opinion
3rd-Party Financiers Have Power To Drive Mass Tort Cases
The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.
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Preparing For A New Wave Of Litigation Under Silicosis Rules
After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.
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Managing Competing Priorities In Witness Preparation
There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Understanding And Working With The Millennials On Your Jury
Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.