Product Liability

  • July 15, 2024

    Gray Reed Helped Water Now CEO In Fraud, Investors Say

    Investors in the now-defunct water purification company Water Now have added law firm Gray Reed & McGraw LLP and attorney George Diamond to their suit against the company, saying in an amended complaint Monday the firm helped the company's CEO run the business into the ground while enriching himself. 

  • July 15, 2024

    3rd Circ. Wants Higher Bar For Halting Delaware Gun Laws

    The Third Circuit held Monday that courts have lowered the bar for issuing preliminary injunctions too much, allowing Delaware to keep its ban on "assault weapons" and extended magazines because the gun rights groups challenging the law hadn't met the burden of showing the harm necessary for "extraordinary relief."

  • July 15, 2024

    NHTSA Fuel Economy Suits Consolidated In 6th Circ.

    Eight separate legal challenges to the U.S. Department of Transportation's newly finalized fuel economy standards for passenger cars and light trucks have been consolidated in the Sixth Circuit, the Judicial Panel on Multidistrict Litigation said Friday.

  • July 15, 2024

    Lululemon's Sustainability Ads Are 'Greenwashing,' Suit Says

    Lululemon's global "greenwashing" marketing campaign has lied to consumers that its products and businesses are eco-friendly while the athleisure company has continued to have a negative impact on the environment, a lawsuit in a Florida federal court said.

  • July 15, 2024

    North Carolina Cases To Watch In 2024: A Midyear Report

    The second half of 2024 will see the North Carolina Business Court tackle media rights in one of the country's largest collegiate athletic conferences while state justices weigh the scope of hospital immunity under the Tar Heel State's COVID-19 emergency law.

  • July 15, 2024

    Auto Defect Suits Taxing Mich. Court Resources, Judge Says

    A Michigan federal judge indicated Monday he would approve a $150 million settlement to end class claims that General Motors sold vehicles with defective batteries that make cars overheat and cause fires, as he noted major auto defects cases have been straining the court's resources. 

  • July 15, 2024

    Fiat Chrysler Gets More Infotainment-Defect Claims Slashed

    A Michigan federal judge has further slashed a consolidated proposed class action alleging that certain Chrysler minivans and sedans had malfunctioning infotainment systems, axing some claims under Illinois and Pennsylvania consumer protection laws but allowing some claims under California and Florida law to proceed.

  • July 15, 2024

    Personal Injury, Med Mal Cases To Watch In 2nd Half Of 2024

    A Pennsylvania case over hospitals' liability for not admitting a mental health patient who ended up killing his girlfriend and a Texas high court case over solicitations by personal injury attorneys are among the cases injury and malpractice attorneys will be following in the second half of 2024.

  • July 15, 2024

    J&J Agrees To Pay $505M In Talc Producers' Ch. 11

    Talc mining companies Imerys and Cyprus Mines asked the Delaware bankruptcy court to approve a Chapter 11 settlement in which Johnson & Johnson would pay $505 million in cash and insurance proceeds into a talc injury trust, even if it petitions for bankruptcy a third time.

  • July 15, 2024

    Neoprene Maker Tells 5th Circ. Louisiana Can Stall EPA Rule

    A Louisiana neoprene manufacturer is asking the Fifth Circuit to affirm a state regulator's decision to grant the company a two-year extension to comply with a final chemical emissions rule issued by the U.S. Environmental Protection Agency.

  • July 15, 2024

    Polaris Throttle Defect Blamed For Paralyzing Off-Road Crash

    Polaris has been hit with a negligence suit in Washington federal court by an Evergreen state couple who say the motorsport manufacturer is to blame for a throttle malfunction that caused the husband's off-road vehicle to ram into a tree, paralyzing his lower body.

  • July 15, 2024

    6th Circ. Unsure If Philips Glass Pollution Suit Time-Barred

    A Sixth Circuit panel considered Monday whether there was any reason to throw out a jury's verdict clearing Philips Electronics of releasing harmful pollution in a Kentucky town, with the judges seemingly leaning different ways on whether the jury properly found the property owners missed their window to sue. 

  • July 15, 2024

    SoulCycle Must Face Suit Over Fall From Exercise Bike

    A New Jersey appeals panel on Monday revived a woman's claims against SoulCycle Inc. alleging an instructor's negligence led to her falling from a stationary exercise bike, finding the waivers she'd signed were ambiguous and unenforceable.

  • July 15, 2024

    State Troopers Settle Ford Interceptor Suit After Sanctions

    A group of Washington state troopers have settled claims alleging they were "poisoned" by Ford Motor Co.'s Interceptor vehicles, according to a docket note Monday, less than a week after the troopers' attorney failed to show up for a sanctions hearing on missed discovery deadlines.

  • July 15, 2024

    Military Families Fight Gov't Bid To Slash Fuel Leak Payout

    Military family members and civilians have fired back at the federal government's attempt to dramatically undercut their request for damages following a bellwether bench trial in litigation stemming from fuel leaks tied to a now-shuttered Navy storage facility at Pearl Harbor.

  • July 15, 2024

    Mich. Judge Recuses Himself From Ford Engine Fire Suit

    A Michigan federal judge has recused himself, without explanation, from overseeing a proposed class action alleging that Ford Motor Co. concealed a defect in some of its engines that caused fires.

  • July 15, 2024

    Lighting Company Not Liable For Fire At Cannabis Farm

    A Maryland federal judge has dismissed a lighting company from an insurer's suit alleging that lamps sold by its predecessor company caused a fire at a cannabis farm, saying it can't be held liable as a successor under Maryland law.

  • July 15, 2024

    BMW, Customer Agree To Drop Motorcycle Gear Display Fight

    BMW of North America and a customer who brought a proposed class action against the company, alleging it sold motorcycles with defective gear indicators, have agreed to drop their dispute from New Jersey federal court, according to a joint stipulation.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Opioid MDL Plaintiffs Atty Fee Awards Upheld

    The Ohio federal judge overseeing the multidistrict litigation over the opioid epidemic denied several law firms' requests to amend the share of legal fees they received in the case, except an appeal from Spangenberg Shibley & Liber, reasoning that one of its attorneys' work has been "invaluable."

  • July 12, 2024

    2nd Circ. Revives 'Whole Wheat Flour' Cracker Label Suit

    Advertising which emphasized "organic whole wheat flour" in a box of crackers when white flour was the primary ingredient was misleading and "arguably false," according to the Second Circuit, which revived a lawsuit accusing Back to Nature Foods Co. of tricking its customers.

  • July 12, 2024

    Plaintiffs Want Opioid MDL Bellwethers Cut For Lost Emails

    Plaintiffs in the multidistrict litigation arising from the opioid epidemic again asked an Ohio federal court on Friday to sever two of four bellwethers, accusing pharmacy benefit managers of preferring to "foster a sideshow" to further draw out litigation after learning of deficiencies in evidence preservation by some of the cities and counties that initiated cases.

  • July 12, 2024

    Tire Cos. Can't Pause Fish-Harming Chemical Suit

    A California federal judge rejected a group of tire companies' efforts to stay an Endangered Species Act suit accusing the companies of killing fish on the West Coast with their use of a rubber additive, saying that waiting for a U.S. Environmental Protection Agency rulemaking on the additive "makes little sense."

  • July 12, 2024

    Delta Slams Flyers' Facebook Data Sharing Class Action

    Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.

  • July 12, 2024

    Judge Questions Zuckerberg's Bid To Dodge Liability In MDL

    A California federal judge voiced doubt Friday about Meta CEO Mark Zuckerberg's arguments for axing corporate-officer liability claims from multidistrict litigation over the allegedly addictive designs of social media, saying that while many CEOs are hands-off, "it's not clear to me that Mr. Zuckerberg is one of them."

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • A Plaintiffs-Side Approach To Cochlear Implant Cases

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    As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • How Cannabis Rescheduling May Alter Paraphernalia Imports

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    The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.

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