Product Liability

  • March 29, 2024

    Strange But True: Product Liability Stories For April Fools'

    Severed digits and fried rodents in food, e-cigarettes shaped like liquor bottles and claims that the advertising for Reese's peanut butter candies dashes consumers' expectations made Law360's list of strange cases for April Fool's.

  • March 29, 2024

    Honda Beats Ill. Fraud Suit Over Rat-Gnawed Car Wires

    Three rat-plagued Chicagoans lost their chance to represent fellow Honda owners in a proposed class action accusing the automaker of covering their vehicles' wires with an insulation that made them susceptible to gnawing, after an Illinois federal judge declared that being attractive to rats wasn't a defect.

  • March 29, 2024

    2nd Circ. Backs Insurer In Sanitizer Ad Injury Coverage Suit

    An insurer doesn't owe coverage to a company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces, the Second Circuit ruled Friday, affirming a lower court's decision that the underlying class action can't be "reasonably construed" to substantially allege a claim of disparagement.

  • March 29, 2024

    Trash-Truck Maker Escapes Design Suit Over Worker's Death

    A New Jersey appeals panel has thrown out claims against a garbage-truck maker alleging its defective design resulted in a worker's death when the truck hit a pole, saying the plaintiff's expert offered no support for his opinion that the truck was unsafe in its design.

  • March 29, 2024

    10th Circ. Says Insurance Payout Deal In Jet Sale Is Invalid

    An aircraft seller does not owe a purchaser $500,000 in insurance proceeds intended to cover repairs to the aircraft's permanent engines and the installation of temporary engines, the Tenth Circuit affirmed, saying an agreement to pay the proceeds was invalid because of a mutual mistake of fact.

  • March 29, 2024

    NJ Law Firm Can Keep Benicar Malpractice Suit In Fed. Court

    The U.S. District Court for the District of New Jersey has refused to remand to state court a proposed malpractice class action accusing Mazie Slater Katz & Freeman LLC attorneys of unfairly taking an excessive fee out of plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar.

  • March 29, 2024

    EPA Sets New Heavy-Duty Vehicle Emissions Regulations

    The U.S. Environmental Protection Agency on Friday said it is finalizing new greenhouse gas standards for heavy-duty vehicles such as delivery trucks, dump trucks, public utility trucks and buses.

  • March 28, 2024

    Quinn Emanuel Adds Longtime Kirkland Litigator In Chicago

    Quinn Emanuel Urquhart & Sullivan LLP's office in Chicago has added a 24-year veteran of Kirkland & Ellis LLP who litigates intellectual property, high-profile torts and product liability matters, the firm announced this week.

  • March 28, 2024

    Judge Powers Down Lenovo Computer Crashing Claims

    A Michigan federal judge on Wednesday scrapped a proposed class action claiming Lenovo marketed a computer as reliable when it allegedly suffered from performance issues, saying the company never promised the computer wouldn't freeze or crash.

  • March 28, 2024

    Claims Trimmed In Trader Joe's Chocolate Heavy Metals Suit

    A California judge has dismissed five out of nine claims in a consolidated complaint alleging that Trader Joe's Co. misled consumers by failing to disclose that its dark chocolate bars contain heavy metals, finding that the complaint doesn't do enough to allege that the amounts are actually dangerous.

  • March 28, 2024

    Meta Says Speech Immunity Dooms Instagram Addiction Case

    Meta on Thursday asked a Massachusetts judge to toss a lawsuit alleging it has intentionally misled users about Instagram features purportedly designed to addict children and teens, saying it is shielded both by federal law and the First Amendment.

  • March 28, 2024

    Reynolds Falsely Hypes Foil As 'Made In USA,' Suit Says

    Reynolds Wrap misleadingly claims its aluminum is made in the United States although a significant amount of aluminum production takes place elsewhere, and none of the bauxite ore used to make it is mined in the U.S., according to a proposed class action filed in New York federal court.

  • March 28, 2024

    FDA Warns 61 Stores Over Illegal Vape Sales

    The U.S. Food and Drug Administration this week sent warnings to 61 retailers for selling illegal Lava and Elf Bar cigarettes, saying that both of the unauthorized brands are popular with young people.

  • March 28, 2024

    Spokeo Accused Of Flouting NJ Judicial Protection Law

    Spokeo Inc., the people search database provider, violated New Jersey state law by not removing information about law enforcement personnel from its database after requests were filed, a data privacy company contends in a lawsuit.

  • March 28, 2024

    Insurer's $1.37M Suit Over Stolen Walmart Flare Gun Misfires

    An Oregon federal judge has thrown out a $1.37 million suit from Ascot Specialty Insurance Co. against Walmart Inc. seeking to hold the retailer liable for a fire started by a stolen flare gun, saying the insurer has failed to show how Walmart is responsible for a third party's criminal acts.

  • March 27, 2024

    Tribes Want Climate Change Row With Oil Cos. In State Court

    Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.

  • March 27, 2024

    Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'

    A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."

  • March 27, 2024

    Judge Trims Porsche EV Charging Speed Fraud Claims

    A Georgia federal judge has narrowed the scope of a proposed class action that alleges Porsche sold defective chargers for its flagship electric car and then throttled their charging speed to make up for the design weakness, finding the plaintiff's fraud and breach of warranty claims fall short.

  • March 27, 2024

    LG Chem Mostly Wins Discovery Feud In Vape Battery Suit

    A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.

  • March 27, 2024

    On Deck In JPML: Baby Food, 23andMe Privacy, NCAA

    The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.

  • March 27, 2024

    9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.

    The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."

  • March 27, 2024

    Casino Beats Suit Over Diabetic Customer's Fall

    A now-shuttered floating casino that was moored in Lake Michigan can't be held liable for the fall of a longtime patron who injured her hip after tripping in a hallway that connected two boats, an Illinois federal court has ruled, finding the patron couldn't support any element of her premises liability claim.

  • March 27, 2024

    Fla. Panel Reverses $43M Judgment In Tobacco Suit

    Florida's Third District Court of Appeal on Wednesday reversed a $43 million judgment against Philip Morris USA Inc. in a wrongful death case, issuing a split decision stating that hearsay testimony allowed during the trial wasn't offered to prove that the female decedent believed filtered cigarettes were safe.

  • March 27, 2024

    CoreLogic Sued For Violating NJ Judicial Protections Law

    A proposed class action removed to New Jersey federal court on Tuesday accuses property data company CoreLogic of failing to comply with a state law requiring it to delete records of certain public officials, including judges and law enforcement officials.

  • March 27, 2024

    Smucker Needn't Pay Multiple Limits For Tainted Jif Row

    J.M. Smucker Co. does not have to satisfy the retained limit for 225 underlying claims seeking damages for salmonella-contaminated Jif peanut butter individually before being eligible for coverage, an Ohio federal judge ruled, holding that the underlying claims constituted a single occurrence.

Expert Analysis

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

    Author Photo

    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

    Author Photo

    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

    Author Photo

    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

    Author Photo

    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

    Author Photo

    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

    Author Photo

    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

    Author Photo

    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

    Author Photo

    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • Staying Ahead Of The AI Policymaking Curve

    Author Photo

    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

    Author Photo

    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

    Author Photo

    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

    Author Photo

    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • How Consumer Product Cos. Can Keep Up With Class Actions

    Author Photo

    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

    Author Photo

    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

    Author Photo

    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!