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Product Liability
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June 25, 2024
Flint Judge Wants To Keep City 'Motivated' To Fix Lead Pipes
A Michigan federal judge on Tuesday all but approved a proposal from the state to step in and help the city of Flint finish replacing lead water service lines and restoring properties for residents, noting the city's repeated failures to meet its obligations under a 7-year-old settlement agreement.
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June 25, 2024
Amazon Says It Shares 'Cookies,' But Not Prime Viewers' ID
Amazon.com Inc. on Tuesday urged a federal judge to toss a proposed class action filed by Prime movie subscribers, calling the privacy complaint a "smokescreen" attempting to get around the terms of a use agreement that allows advertisers to access cookies that don't identify specific customers.
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June 25, 2024
Conn. Firefighters Sue Over PFAS In Protective Gear
Connecticut firefighters slapped 3M, DuPont and 17 others with a proposed class action on Tuesday, alleging they have been exposed to dangerous levels of per- and polyfluoroalkyl substances, or PFAS, contained in their protective gear manufactured and sold by the companies.
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June 25, 2024
6th Circ. Revives Part Of Barge Worker's Lung Injury Suit
The Sixth Circuit has revived a maintenance and cure claim brought by a former crew member on one of Marathon Petroleum Co. LP's barges, saying there's enough evidence to create a question of whether his lung deterioration manifested during his service on the vessel.
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June 25, 2024
Plant Based Food Group Has No Injury From Okla. Meat Law
An Oklahoma federal judge has thrown out a suit from Plant Based Foods Association challenging an Oklahoma law about labeling plant-based meat products, saying neither they nor their member company co-plaintiff have demonstrated that they have been, or will be, injured by enforcement of the law.
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June 25, 2024
Calif. Pot Co. Accused Of 'Lab Shopping' To Skirt Safety Rules
A California marijuana cultivator has been accused of selling cannabis products with unacceptable levels of contaminants, getting around state requirements by seeking out laboratories that turned a "blind eye" to its crops' impurities, according to a proposed class action.
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June 25, 2024
Plaintiffs Firms Appealing $2.1B Fee Order In Opioid Case
Motley Rice LLC, Weisman Kennedy & Berris Co. LPA, Stranch Jennings & Garvey PLLC, Crueger Dickinson LLP, Goldstein & Russell PC, Kelley & Ferraro LLP, Spangenberg Shibley & Liber LLP and Meyers & Flowers LLC are appealing $2.13 billion in attorney fees stemming from opioid settlements awarded earlier this month.
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June 25, 2024
Schouest Bamdas Opens Dallas Office With 6-Partner Hire
Schouest Bamdas Soshea BenMaier & Eastham PLLC has expanded its footprint in Texas by launching a new office in Dallas with six new partners from Hartline Barger LLP, it said in an official announcement Tuesday.
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June 25, 2024
Litigation Pro Rejoins GRSM50 In Calif. From DeHay & Elliston
Gordon Rees Scully Mansukhani LLP has strengthened its litigation bench with a partner in Walnut Creek, California, who arrived from DeHay & Elliston LLP and who worked for six years earlier in his career as a senior counsel for GRSM50.
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June 25, 2024
Conn. Atty Agrees To 10-Day Suspension For Unexplained Fee
A Connecticut attorney accused of charging an unreasonable fee and failing to communicate with a former client following an underlying vehicle buyback negotiation has agreed to a 10-day suspension and three hours of legal ethics-focused continuing education courses.
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June 24, 2024
Chevron's $120M Trial Loss Reinstated By Calif. Appeals Court
A California appellate court says Chevron cannot get another trial after a jury found it liable for the negligent operation of an oil field, overturning a lower court's ruling that the company was entitled to a new trial because a juror failed to disclose a decades-old criminal conviction.
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June 24, 2024
PacifiCorp To Pay Another $150M To Resolve Wildfire Claims
PacifiCorp will shell out another $150 million to roughly 380 plaintiffs resolving "substantially all individual claims" stemming from the 2020 Slater wildfire in California, the company announced Monday, adding to the hundreds of millions of dollars the utility has already paid over wildfire-related claims.
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June 24, 2024
5th Circ. Won't Revive Texas' Homemade Gun-Silencer Fight
The Fifth Circuit refused Friday to revive a challenge by Texas residents and attorney general against federal laws regulating the manufacturing of firearm silencers, finding the residents lack standing, since vague intentions to make silencers aren't enough to establish injury, and the state can't voluntarily litigate its residents' personal claims.
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June 24, 2024
Toyota Accused Of Misleading Investors Over Emission Tests
Toyota and its top brass misled investors by understating in U.S. Securities and Exchange Commission filings its role in falsifying emissions and fuel-economy data, which led to a drop in stock price when the truth came out, according to a proposed class action filed Monday in California federal court.
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June 24, 2024
Sierra Club Says Mich. Power Co. Liable For Illegal Pollution
The Sierra Club and a small town in Michigan are looking to hold a power plant partially liable for air pollution produced by a steel factory, claiming in amended complaints filed Monday that many of the factory's regulatory compliance failures can be traced back to energy company employees.
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June 24, 2024
Boeing Says Turbulent Securities Suit Should Be Dismissed
Boeing has moved to dismiss a proposed securities fraud suit in Virginia federal court accusing it of misleading investors about the overall safety of its 737 Max jets, saying that the plaintiffs' "kitchen-sink" approach falls short of pleading requirements.
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June 24, 2024
LA Schools Says Pseudoscience Infected 9th Circ. Vax Ruling
The Los Angeles Unified School District said Friday that a split Ninth Circuit panel leaned on pseudoscience when ruling that a rescinded employee COVID-19 vaccination mandate implicated the right of district employees to refuse medical treatment, urging an en banc panel to correct the "fatally flawed" decision.
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June 24, 2024
Gucci Goods Sourced From Mistreated Reptiles, Suit Says
Gucci and parent company Kering Americas are facing a proposed class action in Illinois state court by a former sales associate who accuses the luxury retailers of falsely claiming that their exotic-skin goods are humanely sourced, even though an investigation purportedly revealed that at least two Kering-owned tanneries were subjecting crocodiles and pythons to abusive slaughtering practices.
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June 24, 2024
Ark. AG Sues Pharmacy Benefit Managers Over Opioids
The Arkansas attorney general said Monday that he had sued pharmacy benefit managers Optum Inc. and Express Scripts Inc. in state court, claiming they contributed to the opioid crisis and profited from the drug epidemic.
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June 24, 2024
Suit Over Medical Screws Filed Too Late, Texas Panel Finds
A Texas appeals court won't revive a woman's suit against BioPro Inc. alleging that surgical screws used in her feet were defective, saying the evidence establishes that she filed her suit after the two-year statute of limitations had expired.
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June 24, 2024
US DOT Final Rule Ups Freight Rail Hazmat Disclosures
Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.
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June 24, 2024
$12.8M Deal Ending Some Chiquita MDL Claims Gets Approval
A Florida federal judge said Monday he would sign off on a proposed $12.8 million settlement between Chiquita Brands International Inc. and some of the victims suing the banana company over its funding of Colombian paramilitary groups.
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June 24, 2024
Altria Subsidiary Allowed To Sell Menthol-Flavored Vapes
Altria Group Inc. subsidiary NJOY has secured permission from the U.S. Food and Drug Administration to sell four menthol-flavored vapes, marking the first time any kind of flavored e-cigarette has secured federal approval.
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June 24, 2024
6th Circ. Won't Rethink Partial Revival Of Sanofi Pollution Suit
The full Sixth Circuit has declined to review a split panel's decision reviving parts of a Sanofi unit's lawsuit against a Tennessee landfill owner it accused of improperly shuttering the dump, which then led to the contamination of water at its property.
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June 24, 2024
Justices Won't Hear Atty's Appeal Of DQ From Product Case
An attorney who allegedly made false statements about a magistrate judge that subsequently got him booted as plaintiff's counsel in a suit against a handheld torch manufacturer can't appeal his disqualification after the Supreme Court declined to review his bid Monday.
Expert Analysis
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.