Product Liability

  • October 07, 2024

    Justices Set To Review Feds' Suit Over 'Ghost Gun' Exception

    The U.S. Supreme Court is scheduled to hear oral arguments Tuesday over whether "ghost gun" assembly kits and their accessories, which are unserialized and untraceable, can be considered firearms and therefore subject to licensing requirements under the Gun Control Act of 1968.

  • October 07, 2024

    Valero, Port Cos. To Pay $2.4M To End Bay Area Pollution Suit

    Valero and three port companies will pay nearly $2.4 million to resolve a nonprofit's lawsuit accusing the defendants of illegally dumping petroleum coke into the water without proper permits, in violation of the Clean Water Act, according to a consent decree signed by a California federal judge on Monday.

  • October 07, 2024

    J&J Can't Unwind Chicago Jury's $45M Talc Verdict

    An Illinois judge has refused to disturb a $45 million jury verdict for the estate of a woman who died from mesothelioma after using Johnson & Johnson's talc-based baby powder for years, rejecting multiple attacks the company lodged against the award.

  • October 07, 2024

    Texas Ghost Gun Cos. Can't Keep Calif. Suit In Fed Court

    A California federal judge has sent back to state court a suit by the state alleging three Texas-based companies are trying to get around California's prohibition on equipment used primarily or exclusively to make "ghost guns," finding the companies haven't shown that there's diversity among the parties.

  • October 07, 2024

    Decision In Jurisdictional Case 'Outlier,' High Court Told

    An attorney representing Royal Canin USA Inc. and Nestlé Purina PetCare Co. on Monday told the U.S. Supreme Court that a jurisdictional decision in a case over prescription dog food is both an "extreme outlier" and goes against more than a hundred years of precedent.

  • October 07, 2024

    No Firm Schedule For New LNG Rule, Feds Tell DC Circ.

    The Biden administration has told the D.C. Circuit that it has no "firm schedule" for revising a rule allowing liquefied natural gas to be transported by rail, information the court asked for in litigation filed by environmental groups opposed to the regulations.

  • October 07, 2024

    3M Facing PFAS Headwinds In Vermont, NJ And Ohio Cases

    3M Co., which is facing forever chemical lawsuits across the country, is dealing with pushback from Vermont, which is fighting 3M's effort to take its state court case into federal court, and from plaintiffs in Ohio and New Jersey, who have kept their litigation out of a sprawling multidistrict litigation.

  • October 07, 2024

    5 Decisions To Know By Outgoing Mass. Chief Judge

    Chief Massachusetts U.S. District Judge F. Dennis Saylor IV, who announced Monday that he will step back from full-time judicial service next summer, has presided over numerous significant cases in recent years, including a dispute over the U.S. Securities and Exchange Commission's disgorgement powers and a birth defects suit against GlaxoSmithKline.

  • October 07, 2024

    Panera Settles 'Charged Lemonade' Death Case Days Before Trial

    Panera Bread has reached a confidential settlement in a wrongful death suit lodged by the parents of a University of Pennsylvania student who died after drinking the bakery café chain's now-discontinued Charged Lemonade, counsel for the parents told Law360 on Monday.

  • October 07, 2024

    Target's '100% Pure' Avocado Oil Not So Pure, Suit Says

    Target customers hit the retailer with a putative class action in California federal court alleging its line of Good & Gather avocado oil is not 100% pure as the label suggests, and instead may contain additives like other lesser quality oils.

  • October 07, 2024

    State Courts Splitting Over Future Of Climate Change Suits

    Recent decisions on whether climate change suits brought by state and local governments against fossil fuel companies can go forward are exposing splits between state courts over whether they can impose liability for pollution that originates beyond their borders, legal experts say.

  • October 07, 2024

    Sprinter Says Gatorade Gummies Made Him Flunk Doping Test

    A New York federal judge heard Monday from a promising sprinter from Texas who claims Gatorade Recovery gummies gifted to him by the sports-drink giant caused him to fail a doping test, an allegation the PepsiCo unit denies.

  • October 07, 2024

    6 High Court Cases To Watch For Trial Attorneys

    As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.

  • October 07, 2024

    Justices Seek SG Input On Red State Bid To End Climate Torts

    The U.S. Supreme Court on Monday asked the U.S. Solicitor General to weigh in on a request by red states to nix climate change torts brought by blue state governments against fossil fuel companies, signaling its growing interest in the future of such cases.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    What's Up In Oral Arguments In High Court Pet Food Case

    The U.S. Supreme Court on Monday will hear arguments in a case involving allegations that Royal Canin USA Inc. and Nestlé Purina PetCare Co. falsely represented their products as prescriptions belongs in state or federal court. Here, Law360 takes a look at what's at stake in this case.

  • October 04, 2024

    Evolve Bank Faces MDL Over Breach Of 7.6M Customers' Data

    Nearly two dozen proposed class actions accusing Evolve Bank & Trust of failing to adequately protect the personal information of 7.6 million customers from a cyberattack by a Russia-linked cybercrime gang will be centralized in Tennessee, the Judicial Panel on Multidistrict Litigation has ruled, expressing their confidence in the judge selected to preside over the MDL.

  • October 04, 2024

    Subaru Drivers Get Initial OK On Cracked Windshields Deal

    A class of at least a million Subaru customers received preliminary blessing from a New Jersey magistrate judge for a settlement that would end the five-year dispute and cover 100% or more out-of-pocket costs to fix or replace allegedly defective windshields that spontaneously cracked.

  • October 04, 2024

    DOJ Charges Execs, Sales Reps Over Texas 'Pill Mills' Sales

    Tens of millions of opioid pills ended up in the black market by way of pharmaceutical distribution executives and sales representatives who targeted a Houston "hot zone" for drug diversion, the U.S. Department of Justice said in unsealing several indictments in Texas, Florida, Missouri and North Carolina.

  • October 04, 2024

    State Fair Case Creates Tension For Gun And Property Rights

    The State Fair of Texas kicked off a week ago with its usual offerings of splashing neon and deep-fried Oreos, but with its opening the fair has become the center of a legal question the Texas Supreme Court may have difficulty wrangling as it seeks to sort out the tension between the rights of gun owners and property owners.

  • October 04, 2024

    Tractor Fluid MDL's $32M Settlement To Move Forward

    A Missouri federal judge has given the go-ahead to a $32 million settlement between tractor owners and a pair of hydraulic fluid makers to resolve claims in multidistrict litigation alleging the fluid was defective and damaged vehicles that used it.

  • October 04, 2024

    Hemp Org, Cheech & Chong Seek Halt Of Calif. Hemp Ban

    A leading hemp industry trade organization, along with the cannabis brand fronted by stoner comedians Cheech & Chong, have asked a Los Angeles state judge to halt enforcement of new California emergency regulations banning the sale of hemp products with THC.

  • October 04, 2024

    EPA Finalizes Stronger Pesticide Rules For Farmworker Safety

    The U.S. Environmental Protection Agency finalized a rule strengthening protections for agricultural workers who could be exposed to pesticides, standards that had been weakened by the Trump administration.

  • October 04, 2024

    Off The Bench: NIL Atty Beef, 'Hard Knocks' Death, MJ Racing

    In this week's Off The Bench, friction over the pending settlement in the vast NCAA name, image and likeness compensation class action fuels an attorney feud, the widow of a "Hard Knocks" production assistant blames the league for his death, and Michael Jordan accuses NASCAR of having a motorsports monopoly.

  • October 04, 2024

    Albertsons Inks $3.9M Overcharge Deal With Calif. DAs

    Albertsons and its affiliate companies have agreed to pay $3.9 million to settle a civil enforcement action accusing them of bilking shoppers by charging higher prices for grocery items than what was advertised, according to an announcement made by several California district attorneys. 

Expert Analysis

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • California Shows A Viable Way Forward For PFAS Testing

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    The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • Take AG James' Suit Over Enviro Claims As A Warning

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    New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

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