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Product Liability
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May 24, 2024
EPA Denies Ala. Coal Ash Management Program Application
The U.S. Environmental Protection Agency has issued a final decision denying Alabama's application to run a federally approved permit program to manage coal ash landfills and impoundments, saying the state's permit program doesn't meet federal standards for protecting people and waterways.
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May 24, 2024
Alabama Judge Says Attys Subverted Plumbing Defect Deal
In an effort to safeguard the due process rights of hundreds of homeowners, an Alabama federal judge has tossed out more than 300 settlement class "opt-outs" and partially reopened the objection period in a product liability suit, determining that outside attorneys repeatedly misled clients regarding the pending settlement, leading to the numerous exclusion requests.
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May 24, 2024
Stew Leonard's Sued Over Dancer's Peanut Allergy Death
The family of a U.K.-born dancer is suing the Stew Leonard's grocery store chain, alleging its failure to update labels of cookies that contained peanuts led to her death at age 25 from an allergic reaction.
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May 23, 2024
TikTok, YouTube Must Produce European Privacy Data In MDL
A California federal magistrate judge overseeing discovery in multidistrict litigation over whether social media platforms' design is addictive ordered TikTok and YouTube on Thursday to give American personal injury plaintiffs certain technical documents regarding the companies' safety features implemented in Europe and Australia, which have tougher consumer privacy laws.
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May 23, 2024
Bell, Boeing Face Suit Over Marines Killed In Osprey Crash
The families of four of the five marines killed in the June 2022 crash of an Osprey V-22 aircraft sued Bell Textron Inc., The Boeing Co. and Rolls-Royce Corp. Thursday in California federal court, alleging defects in the aircraft led to the fatal crash.
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May 23, 2024
Kratom Cos. Failed To Warn Man About Risks, Colo. Suit Says
The parents of a deceased Colorado man allege that four companies that sell kratom are liable for their son's death because of their failure to warn consumers about the risks associated with using the loosely regulated plant-derived substance with opioid-like effects.
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May 23, 2024
Feds Agree To Clean, Close Dump Site For Tribal Nations
The U.S. Environmental Protection Agency has reached an agreement with the Bureau of Indian Affairs to properly clean and shut down a 70-year-old solid waste dump site on tribal lands in northern Arizona, saying federal law requirements for its closure haven't been followed since 1997.
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May 23, 2024
Enbridge Says Tribe's Trespass Law Could Cost It Millions
Enbridge Energy told the Seventh Circuit that a Wisconsin tribe's recently publicized trespass ordinance could cause the company to pay millions of dollars in civil penalties if the appeals court rules that its 645-mile crude oil pipeline is trespassing on the tribe's land.
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May 23, 2024
Lockheed Urges 11th Circ. To Affirm Win In Solvent Suit
Lockheed Martin Corp. asked the Eleventh Circuit on Wednesday to uphold a Florida district court's rejection of a proposed expert's testimony purporting to link a now-deceased former employee's multiple sclerosis to her work-related exposure to industrial solvents.
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May 23, 2024
Pipe Supplier Can't Nix $2.6M 'Take Home' Asbestos Verdict
A California appeals panel won't upend a $2.6 million verdict against J-M Manufacturing Co. Inc. in a case alleging a man contracted mesothelioma because of his brother's work, rejecting the company's argument that the court should apply a duty standard for negligence claims to the man's strict liability claim.
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May 23, 2024
Estate Sues Hanover For $13.4M Judgment In Death Suit
The Hanover Insurance Group has refused to pay a judgment of nearly $13.4 million to the family of a man who died in the care of a Connecticut group home, according to a lawsuit in state court.
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May 23, 2024
J&J Loses Expedited Bid For Beasley Allen Docs In Talc MDL
Johnson & Johnson has lost its bid in New Jersey federal court to have the Beasley Allen Law Firm quickly produce documents related to what J&J said seems to be an "intentional effort" by the firm to "bias the vote" against a proposed $6.5 billion reorganization plan for its talc subsidiary.
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May 23, 2024
Whirlpool Aims To Sink Fridge Wiring Defect Claims
Whirlpool Corp. is asking a Delaware federal court to throw out claims in a consolidated class action alleging it sold refrigerators with defective wiring, saying the complaint fails to show it had any knowledge of the defect.
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May 23, 2024
GSK, Boehringer Prevail In 1st Zantac Cancer Trial
A Chicago jury found Thursday that Zantac heartburn medication and its generic counterparts sold by GlaxoSmithKline and Boehringer Ingelheim are not responsible for an Illinois woman's colon cancer and her subsequent, debilitating symptoms, handing the drug companies a decisive victory in the first of hundreds of such cases to go to trial.
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May 23, 2024
Norfolk Southern Inks $310M Deal To Settle Feds' Spill Suit
Norfolk Southern Railway Co. on Thursday agreed to a $310 million deal to settle the federal government's legal claims that arose out of the 2023 train derailment in East Palestine, Ohio, that released large amounts of contaminants into the air, ground and water.
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May 22, 2024
Monsanto's Appellate Win Won't Nix $438M PCB Loss
A Washington state trial judge has declined to throw out a $438 million judgment against Monsanto in one of a series of PCB poisoning suits tied to a school site, rejecting the company's argument that the judgment cannot stand on the heels of a state appellate court ruling reversing another plaintiffs' win in the case group.
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May 23, 2024
Sunsetting Section 230 Gains Traction On Both Sides Of Aisle
Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.
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May 22, 2024
Robbins Geller, Motley Rice Seek To Rep Solar Co. Investors
Motley Rice LLC and Robbins Geller Rudman & Dowd LLP want to represent investors of energy company Shoals Technologies Group Inc. in consolidated proposed class action claims taking aim at the company and its brass and underwriters for allegedly concealing costly issues with wires in its products.
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May 22, 2024
Cancer Patients Target J&J Talc Unit's Asset Shuffles
Cancer patients who have sued Johnson & Johnson alleging that its talcum powder caused their illness alleged Wednesday that the company has tried to intentionally prevent tort victims from getting their day in court through a scheme of fraudulent corporate transactions.
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May 22, 2024
Mich. Judge Not Satisfied By Atty's Letter Over Flint PR Stunt
The federal judge overseeing Flint, Michigan, water crisis cases isn't satisfied with a California attorney's letter denying involvement in an alleged smear campaign targeting a lawyer for Flint children, saying Wednesday that if the attorney doesn't provide more substantive information, she will be referred to the State Bar of California.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
FDA Must Act On Sexual Side Effects Of SSRIs, Suit Says
The Food and Drug Administration should be forced to warn the public about the serious sexual side effects of a certain class of depression medications after sitting on a petition asking it to do just that for more than six years, a new lawsuit says.
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May 22, 2024
Evidence Shaky In First Zantac Cancer Trial, Drugmakers Say
Attorneys for GlaxoSmithKline and Boehringer Ingelheim told a Chicago jury Wednesday that no one besides a plaintiff's paid witnesses have said publicly that Zantac heartburn medication causes colon cancer, calling on the jurors to reject claims that the companies owe $640 million for a woman's cancer diagnosis.
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May 22, 2024
DuPont 'Document Dump' Rattles NC In PFAS Suit
North Carolina and DuPont on Wednesday battled over what the state called a roughly 5 million-page "document dump" ahead of a looming June 3 discovery deadline in its contamination lawsuit, irking a business court judge in the process.
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May 22, 2024
GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers
Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Opinion
What Happens If High Court Rejects Releases In Purdue Ch. 11
Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.