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Product Liability
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February 06, 2025
'Novel' Kia, Hyundai Theft Liability Theory Faces 6th Circ. Test
A Sixth Circuit panel wrestled Thursday with whether to endorse a theory that automakers Kia and Hyundai could be liable for victims' injuries from crashes involving vehicles stolen during a TikTok-spurred wave of car thefts.
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February 06, 2025
GSK's Zantac Woes Gave Investors Heartburn, Suit Says
The maker of heartburn and acid reflux relief tablet Zantac has been hit with a shareholder suit in Pennsylvania federal court alleging that the company suffered stock price losses after it was revealed that for nearly 40 years the company knew that Zantac contained high levels of a cancer-causing compound.
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February 06, 2025
Filing Claims 'Secret Lockout' Led To Conn. Trial Firm Schism
One of the 50-50 partners litigating the dramatic breakup of Connecticut Trial Firm LLC, a personal injury firm known for high-dollar verdicts, has accused his onetime partner of having "plotted a secret lockout" to remove him from the firm, according to a revised derivative complaint filed in Connecticut state court.
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February 06, 2025
Trump's Federal Worker Buyout Plan Put On Hold
A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.
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February 05, 2025
Toyota Urges NC High Court To Reverse 'Abusive' Ruling
Toyota and Subaru Corp. are looking to the North Carolina Supreme Court to pull them out of an "impossible corner" they were pushed into by a trial judge overseeing a wrongful death lawsuit stemming from a fatal car crash, arguing on Wednesday that his orders "incentivize" widespread "tactical abuse of discovery."
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February 05, 2025
Catholic Investors Bring Smith & Wesson Suit To Fed. Court
A group of Catholic sisters has refiled in federal court their suit accusing Smith & Wesson's directors and senior executives of placing their own "greed" and "political concerns" above the interests of the company and its stockholders by ignoring the liabilities of marketing AR-15 rifles that are used to perpetrate mass shootings.
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February 05, 2025
NJ Judge Finds For Textron Unit In Fatal Copter Crash
A New Jersey state judge said Tuesday that Avco Corp., a division of Textron Inc., wasn't liable for a helicopter crash that resulted in the death of a country singer, since the company didn't design the engine part that the plaintiffs claimed was defective.
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February 05, 2025
NJ Seeks Jury Trial In PFAS Cleanup Case Against 3M, DuPont
New Jersey officials are fighting back against 3M and DuPont's requests to have a federal bench trial on their environmental claims seeking remediation and restoration cost reimbursement over purported PFAS contamination, arguing that its legal claims are tied to legal remedies that a jury, not a judge, must decide.
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February 05, 2025
Chicago's Climate Suit Belongs In Federal Court, Judge Hears
The city of Chicago should not be allowed to take environmental deception claims against the nation's largest oil producers back to state court because the city's suit targets conduct performed largely for the federal government, a judge heard during a Wednesday hearing.
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February 05, 2025
Dickinson Wright Continues IP Growth With Chicago Hire
Dickinson Wright PLLC said Wednesday that it had hired a named member of the small Illinois intellectual property firm formerly known as Bishop Diehl & Lee Ltd., marking the latest of the firm's many recent investments into the practice.
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February 05, 2025
Lyondell Leak Is On Job Foreman, Not Valve Maker, Jury Told
A valve maker indicated to a Houston jury on Wednesday that a 2021 chemical leak at a LyondellBasell plant was the result of poor communication between a plant operator and a now-deceased Turn2 Specialty Cos. contractor, not the valve's design.
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February 05, 2025
NJ's Climate Change Suit Against Energy Cos. Tossed
A New Jersey state judge on Wednesday threw out the Garden State's lawsuit accusing fossil fuel companies of concealing the climate change risks of their products, finding the state's claims are preempted by federal law.
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February 05, 2025
Mercedes-Benz Defective Brake Suit Narrowed Again
A Washington federal judge has again narrowed a proposed class action against Mercedes-Benz over defective braking systems in SUVs, dismissing claims that the automaker fraudulently concealed the issue but allowing allegations that it unfairly shifted repair costs to customers.
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February 05, 2025
Meta Can't Ask Mass. AG To Dig Up Docs From State Agencies
The Massachusetts Attorney General's Office is not obligated to search for and turn over documents held by other state agencies that Meta Platforms is seeking in the state's lawsuit alleging Instagram is harming children and teens, a judge ordered.
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February 04, 2025
Whirlpool Sinks Customer's Suit Over Service Plan Repair
A Washington federal judge has tossed a customer's proposed class action over a dishwasher warranty for good, finding no "reasonable consumer" would have been misled to believe the terms covered the full cost of any repair given the "caveats" on marketing materials.
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February 04, 2025
Walmart's Win In Fatal Shooting Suit Backed By Calif. Court
A California state appellate court on Tuesday upheld a defense verdict for Walmart in a suit accusing the retailer of negligently storing handgun ammunition that purportedly allowed a man to steal several boxes and go on a crime spree, killing two people.
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February 04, 2025
Meta Can't Be Sued For Church Mass Shooting, 4th Circ. Says
The Fourth Circuit ruled Tuesday that Meta can't be held liable for allegedly aiding in the radicalization of the shooter who killed nine people at a South Carolina church in 2015, saying a federal law granting immunity to third-party internet content providers applies to the claims.
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February 04, 2025
'Every Breath' A 'Struggle' For Lyondell Leak Worker, Jury Told
A lung specialist told a Houston jury Tuesday that he would be "surprised" if the only surviving repairman who worked on a leak at a Texas LyondellBasell plant lived longer than 15 years without major medical intervention due to his chemical exposure four years ago.
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February 04, 2025
Calif. Women Drops Bindle Bottle Suit Over Lead
A maker of water bottles will not have to face an Oakland woman's lawsuit accusing it of selling products with high levels of lead after a California federal judge approved a request by both sides to permanently dismiss her claims.
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February 04, 2025
Carcinogenic Risk Unknown When BI Owned Zantac, Jury Hears
Boehringer Ingelheim didn't test whether the active ingredient in its over-the-counter Zantac was degrading into a carcinogenic compound because those risks weren't known when the company owned the drug, Illinois jurors heard Tuesday.
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February 04, 2025
Pushing The Envelope In Climate Law: Murder Charges
Climate change legal advocates are pointing to wildfires in Los Angeles, hurricanes in the Southeast and a regulation-averse presidential administration as evidence that local prosecutors should begin going after fossil fuel companies with criminal charges — up to and including homicide.
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February 04, 2025
Norfolk Southern Hit With 'Toxic Nightmare' Derailment Suit
Hundreds of Ohio and Pennsylvania residents affected by the fallout of the Feb. 3, 2023, Norfolk Southern train derailment have accused the rail company, government agencies and several businesses of downplaying the ongoing harm of the incident, marking one of the latest lawsuits filed on or near the two-year milestone.
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February 04, 2025
Another Cannabis Biz Faces THC Potency Suit In Illionis
Ascend Wellness Holdings is the latest cannabis company to be sued by a putative class of customers in Illinois state court claiming its vape products contain more THC than is allowed under the state's cannabis law.
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February 04, 2025
Auto Cos., Mass. AG Make Final Case In 'Right To Repair' Fight
The stagnated four-year battle over a Massachusetts law requiring vehicle manufacturers to provide open access to vehicle telematics software saw its final salvos Tuesday as attorneys for an automotive industry group and the state clashed over the merits of the federal preemption case.
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February 04, 2025
6th Circ. Urged To Back $600M Train Derailment Deal
Norfolk Southern and East Palestine, Ohio, residents defended a $600 million class settlement in Sixth Circuit briefs Monday, saying the deal provides meaningful relief to people and businesses impacted by a 2023 train derailment and release of toxic chemicals.
Expert Analysis
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5 Credibility Lessons Trial Attys Can Learn From Harris' Run
In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.
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Mich. Whistleblower Ruling Expands Retaliation Remedies
The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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Opinion
Big Oil Climate Ruling Sets Dangerous Liability Precedent
The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.
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Opinion
3rd. Circ. Got It Right On Cancer Warning Claims Preemption
The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Cos. Need to Know About Battery Labeling Law
With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.