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Product Liability
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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.
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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.
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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.
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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.
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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.
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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.
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February 19, 2025
Product Liability Group Of The Year: Sullivan & Cromwell
Sullivan & Cromwell LLP helped Koninklijke Philips negotiate a $1.1 billion settlement agreement ending sprawling litigation related to its recalled sleep breathing machines, causing company stock to jump and landing the firm a spot among the 2024 Law360 Product Liability Groups of the Year.
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February 19, 2025
Conn. Trial Firm Split Must Return To Arbitration, Judge Rules
A dispute over the breakup of a Connecticut personal injury firm known for high-dollar verdicts must for now return to arbitration, a Connecticut judge ruled Wednesday, saying an arbiter, not the court, must decide initial questions about the feud's proper forum.
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February 18, 2025
Delta Crash In Toronto, FAA Firings Upend Aviation Industry
The harrowing crash of a Delta Air Lines passenger jet in Toronto on Monday, during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down, has upended an industry already rocked by a string of U.S. aviation accidents in the past month.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Studies Don't Show Zantac Cancer Risks, Jury Hears
Taking Zantac does not cause prostate cancer, a Children's Hospital Colorado toxicologist testified Tuesday in two men's Illinois retrial of claims that taking the heartburn medication contributed to their diagnoses.
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February 18, 2025
J&J Talc Unit Launches 2-Week $10B Ch. 11 Settlement Trial
A Johnson & Johnson spinoff began its case Tuesday for a $10 billion Chapter 11 settlement of the company's talc liability before a Texas bankruptcy judge while opponents of the deal questioned the legitimacy of the bankruptcy case and the plan vote.
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February 18, 2025
Exxon, Koch Lose Bid To End Minn. Climate Change Suit
A Minnesota state judge on Friday largely preserved the state's lawsuit alleging Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels, rejecting arguments that the case was a matter of federal, not state, law.
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February 18, 2025
Engine Co. Says Plane Crash Appeal Is Matter For NC Panel
Aviation companies Avco Corp. and its subsidiary Lycoming Engines are urging a North Carolina appeals court to take up their bid seeking immunity from a civil lawsuit filed by families of victims killed in a 2015 plane crash, arguing that allowing a trial to go forward would cause "irreparable harm."
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February 18, 2025
Pa. Justices To Weigh Philly Ban On 3D-Printed Gun Parts
The Pennsylvania Supreme Court will decide whether a state law preempting most local gun restrictions applies to the whole field of firearms regulations, or whether ordinances like Philadelphia's ban on 3D printing gun parts and assembling them are exempted because the parts aren't "firearms" themselves, the court announced Tuesday.
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February 18, 2025
Suit Blames Electrolux Burners For Pa. Family's House Fire
Subsidiaries of Swedish appliance manufacturer Electrolux are facing another design defect lawsuit claiming that its stove knobs are too easily turned on by accident, with the latest suit coming from a Philadelphia-area family whose home burned down.
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February 18, 2025
Meta Repeats Push To Halt Social Media Coverage Row In Del.
Meta urged a Delaware federal court again to stay coverage proceedings over underlying claims it deliberately designed its platforms to be addictive to adolescents, noting the Judicial Panel on Multidistrict Litigation may soon transfer the case to California federal court, where the underlying litigation is taking place.
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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
DC Midair Collision Family Brings $250M Claims Against Gov't
The family of a passenger killed in last month's midair collision between an American Airlines regional jet and a military helicopter put the federal government on notice that they're pursuing $250 million in personal injury and wrongful death claims over the accident, attorneys for the family said Tuesday.
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February 18, 2025
Torrent Of Eaton Fire Suits Call For Organization, Judge Says
A Los Angeles judge said Tuesday that discovery into the cause of last month's devastating Eaton Fire should wait until dozens of related suits against Southern California Edison have been organized and can "proceed efficiently and fairly."
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February 18, 2025
Sidley Expands In Calif. With Latham Emerging Cos. Atty
Sidley Austin LLP is expanding its West Coast team, bringing in a Latham & Watkins LLP emerging companies specialist as a partner in its San Francisco Bay Area offices.
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February 18, 2025
Product Liability Group Of The Year: Kline & Specter
Kline & Specter PC's product liability practice group secured billions of dollars in verdicts in cases against Monsanto over its weedkiller Roundup and has helped to lead mass tort litigation over Elmiron's bladder drugs, earning it a place as one of the 2024 Law360 Product Liability Groups of the Year.
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February 18, 2025
Plaintiffs Atty Flags 'Worst' Parts Of Georgia's Tort Reform
A ban on proposing damages amounts to juries in order to "anchor" them, and easier access to two-phase trials, are the worst parts of a proposed "sweeping" tort reform package being pushed heavily by Georgia Gov. Brian Kemp, according to a prominent plaintiffs attorney.
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February 14, 2025
Judge Slams The Brakes On Peloton Bike Recall Claims
A New York federal judge threw out, for now, a proposed investor action alleging Peloton overstated the safety of its bikes before 2.2 million products were recalled over a bike seat defect, ruling that the shareholders haven't adequately alleged the exercise company made any misleading statements.
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February 14, 2025
Trump Aims To End Limits On President's Power To Fire
President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
Expert Analysis
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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Del. 3M Ruling Risks Upending Corporate Insurance Programs
A Delaware court's findings last week in the 3M earplug insurance litigation that a parent company's defense fee payments don't count toward a subsidiary's self-insured retention and that an insurer's duty to pay defense costs doesn't attach to multidistrict litigation merit closer scrutiny in light of the modern corporate form and the fundamental objectives of MDLs, say Julie Hammerman and Gary Thompson at Thompson HD.
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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How Cos. Should Handle Research Org.'s Carcinogen Evals
In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.