Product Liability

  • April 09, 2024

    Printer Buyers Defend HP Ink Cartridge Antitrust Claims

    HP printer buyers told an Illinois federal court they've done enough to show that HP monopolized the market for replacement ink cartridges by alleging the company used firmware updates to lock them into purchasing HP ink cartridges.

  • April 09, 2024

    Norfolk Southern Settles Train Derailment Suits For $600M

    Norfolk Southern Corp. has agreed to settle the consolidated class action claims brought against it over its tragic train derailment and toxic chemical spill in East Palestine, Ohio, for $600 million, according to a joint motion filed in federal court Tuesday.

  • April 09, 2024

    EPA Finalizes Rule Cutting Cancer-Causing Emissions

    The U.S. Environmental Protection Agency on Tuesday finalized restrictions on cancer-causing emissions including ethylene oxide and chloroprene from chemical plants that the agency says will reduce nearby vulnerable populations' risk of cancer and other health problems.

  • April 08, 2024

    Miss. Residents Defend Jackson Water Contamination Claims

    A group of Jackson, Mississippi, residents are asking a federal judge to preserve their second amended proposed class action against the mostly Black city over a water treatment plant shutdown that left more than 150,000 people without access to clean water. 

  • April 08, 2024

    Roche Again Beats Ex-Service Members' Antimalarial Drug Suit

    A California federal judge on Monday tossed a second suit alleging Roche Inc. and its affiliates failed to warn service members that their antimalarial drug could have permanent psychiatric side effects, saying such claims are preempted by federal law.

  • April 08, 2024

    9th Circ. Urged To Revive J&J, Bausch Talc False Ad Suit

    An attorney for a proposed class alleging they were misled by Johnson & Johnson and Bausch Health about their talc products' safety urged a Ninth Circuit panel on Monday to revive the suit, saying a lower court erred in finding his clients needed to point to specific advertisements that misled them.

  • April 08, 2024

    Fiat Chrysler Beats Faulty Rearview Camera Class Action

    A New York federal judge on Monday dismissed a proposed class action alleging that Fiat Chrysler knowingly sold certain Dodge Ram trucks with defective rearview camera systems, saying the driver bringing the suit can't prove any economic injuries following a federal recall.

  • April 08, 2024

    Tesla Owner Claims Company's Warranty Misled Customers

    A California Tesla owner claims the electric vehicle company falsely advertised a battery warranty and refused to replace a fuse on his car without charge, a repair that should have been covered by the agreement, according to a proposed class action filed in California federal court.

  • April 08, 2024

    Tesla Settles Autopilot Wrongful Death Suit On Eve Of Trial

    On the day a closely watched trial was set to get underway in California, Tesla Inc. revealed it reached a confidential settlement with the family of an Apple engineer who died in a 2018 crash of a Tesla vehicle engaged in Autopilot, the company said in a California Superior Court filing on Monday, asking the judge to seal the figure.

  • April 08, 2024

    Catching Up With Delaware's Chancery Court

    Last week, a much-watched Chancery Court Match.com decision got reversed, a Philip Morris motion got stubbed out, and a long-frozen Blue Bell Creameries suit started churning again. Delaware's Court of Chancery also saw new suits filed for legal fees, arguments over multibillion-dollar pay packages, and a judge flummoxed over Truth Social.

  • April 08, 2024

    FDA Finds No Asbestos In Cosmetic Talc Products

    The U.S. Food and Drug Administration on Friday said that tests through a third-party contractor last year of cosmetic talc products revealed no traces of asbestos.

  • April 05, 2024

    Bayer Verdict In Mo. Roundup Cases Reduced To $611M

    A Missouri state judge has significantly reduced the $1.56 billion jury verdict awarded to three people who claimed their cancer was caused by Bayer unit Monsanto Co.'s Roundup weedkiller, cutting the damages awarded to just $611 million.

  • April 05, 2024

    COVID App Takes Another Shot At Apple With Justices

    App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.

  • April 05, 2024

    Baltimore Bridge: Biden's Visit, Recovery, Supply Chain

    Nearly two weeks after the Francis Scott Key Bridge's collapse, government and legal maneuvers are taking shape as the Biden administration pledged to fully reopen the Port of Baltimore before June, while the owner and operator of the ship that caused the collapse sought to limit its financial liability.

  • April 05, 2024

    Marriott Wants $5M Repair Work Bill Stayed Pending Appeal

    Marriott International asked a Colorado federal judge Friday to hold off on enforcing a $5 million judgment it was ordered to pay a construction company over mudslide repair work in Brazil while the hotel appeals the order, noting it has secured a surety bond with Liberty Mutual.

  • April 05, 2024

    NC County School Board Joins Chorus Saying Apps Harm Youth

    The Board of Education in Wake County, North Carolina, on Friday joined the ranks of school systems suing Meta, Snapchat, TikTok and other social media companies, accusing them of stoking addiction in young users and saddling taxpayers with the cost.

  • April 05, 2024

    Feds Say Bombing Survivors' Suit Is Outside Court's Authority

    The Biden administration is again pushing to escape survivors' efforts to hold it accountable for U.S. allies' airstrikes in Yemen, telling a Washington, D.C., federal court it had no authority over the executive branch's foreign arms dealing.

  • April 05, 2024

    Arkema Hit Again With Suit By Residents Over Texas Chemical Fire

    Hundreds of Texas residents near an Arkema Inc. chemical plant have accused the company in state court of exposing them to toxic fire during a hurricane almost seven years ago, in a suit filed just months after a federal court approved a multimillion-dollar deal to settle similar allegations.

  • April 05, 2024

    Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work

    Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses. 

  • April 05, 2024

    Publix Wants Ga. High Court Input On Opioid Public Nuisance

    Grocery chain Publix has asked the Ohio federal court overseeing the opioid multidistrict litigation to send questions to Georgia's high court about whether that state's law allows public nuisance claims over a healthcare provider's dispensing of prescription narcotics.

  • April 05, 2024

    Gunmakers Denied Stay In Mexico Lawsuit

    Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.

  • April 05, 2024

    Boeing Pays Alaska Airlines $160M For 737 Midair Blowout

    The Boeing Co. has paid $160 million to Alaska Airlines for losses from the midair door plug blowout on a 737 MAX jet that horrified passengers, grounded planes and disrupted flights, according to a regulatory filing from the airline.

  • April 05, 2024

    Insurers Fight Kidde-Fenwal's Bid For Coverage Of Foam Suits

    Two AIG units and another insurer have told a Delaware bankruptcy court it should reject fire-suppression company Kidde-Fenwal Inc.'s bid to secure their coverage for a bevy of underlying suits alleging the company exposed those plaintiffs to so-called forever chemicals via its production of firefighting foam.

  • April 05, 2024

    Families Fight To Keep Military Chopper Crash Suit In US

    The families of six Canadian military personnel killed in a helicopter crash off the coast of Greece are urging a Pennsylvania federal judge to keep their liability claims against the aircraft's maker in the United States, arguing that the company's bid to transfer the case to Canada is a stalling tactic.

  • April 05, 2024

    FedEx Must Face Suit Over Customer's Storefront Crash Injury

    A California state appeals court has revived a customer's claims against Fedex Office and Print Services Inc. and a building owner over injuries he said he suffered when a car drove into the store, finding that the trial court wrongly decided the case on the pleadings.

Expert Analysis

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

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    After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 5 Things Trial Attorneys Can Learn From Good Teachers

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    Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.

  • Legal Considerations For Circular Economy Strategies

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    As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

  • Opinion

    Insurance Industry Asbestos Reserve Estimates Are Unreliable

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    Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.

  • Preempting Bottled Water Microplastics Fraud Claims

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    Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.

  • The Challenges Of Measuring Harm In Slack-Fill Cases

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    A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Opinion

    High Court Should Endorse Insurer Standing In Bankruptcy

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    In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

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