Product Liability

  • March 21, 2024

    AGs Urge Congress To Address Hemp Intoxicants In Farm Bill

    A bipartisan coalition of 21 attorneys general is urging Congress to address what the state officials call a public health and safety crisis by amending federal hemp policy to clarify that intoxicating products derived from hemp extracts are not legal under federal law.

  • March 21, 2024

    Tribe's Opioid Suit Can Head To State Court, Okla. Judge Says

    An Oklahoma federal magistrate judge has granted the Cherokee Nation's bid to move to state court its suit accusing pharmaceuticals distributor Morris & Dickson of flooding the tribe's communities with opioids, saying the company only fulfilled one of four prongs necessary for establishing federal jurisdiction.

  • March 21, 2024

    Judge Worries Clothing PFAS Theory Could Open Floodgates

    An Illinois federal judge seemed unsure Thursday whether he will allow consumer fraud claims to proceed against a children's clothing store that sells allegedly contaminated uniforms, suggesting the plaintiffs' liability theory could open the door too wide for future suits.

  • March 21, 2024

    Gun Rights Org., Pa. DA Seek To Block Pot Patients' Gun Ban

    A Pennsylvania prosecutor and a gun rights organization have asked a federal judge to block enforcement of policies that prohibit licensed medical marijuana patients from owning firearms, saying the ban violates the patients' Second Amendment rights.

  • March 21, 2024

    Asbestos Claimants Balk At Subpoena For Claims Data

    The asbestos injury claimants in the two Chapter 11 cases of CertainTeed spinoff DBMP LLC and Aldrich Pump LLC have asked a North Carolina judge to reject DBMP's request to access Aldrich Pump's asbestos claims records, saying it is unnecessary and invading the claimants' privacy.

  • March 21, 2024

    Woman Lost Independence Due To Strattice Mesh, Jurors Told

    A Kentucky woman told New Jersey state jurors on Thursday that LifeCell skipped important safety steps while designing its Strattice surgical mesh, and that those skipped steps caused a hernia to reoccur and ultimately resulted in the loss of her independence.

  • March 21, 2024

    Chicago Sues Glock Over Pistols Made Into 'Machine Guns'

    The city of Chicago is suing Glock Inc. in Illinois state court, saying the gunmaker is allowing its consumers to skirt state and federal machine gun bans by selling pistols that can be easily converted to automatic fire.

  • March 21, 2024

    Kroger's 'Smoked Gouda' Is Indeed Wood-Smoked, Judge Says

    Kroger Co. has defeated a proposed class action alleging deceptive labeling on its "smoked gouda," as an Illinois federal judge granted summary judgment Wednesday in an order referencing a declaration from the source company's president that the cheese goes through a wood-smoking process.

  • March 21, 2024

    6th Circ. Zeroes In On CBA In Vax Bias Preemption Battle

    A Sixth Circuit panel pressed on Thursday a cargo airline and pilots who say they were unlawfully fired for refusing COVID-19 vaccinations about the pilots' union contract, with one judge asking whether the open questions about their collective bargaining agreement meant the discrimination case was preempted.

  • March 21, 2024

    Pool Company Aims To Bar Rival's False Ads After Verdict

    A swimming pool equipment manufacturer is looking to permanently ban a competitor from using deceptive marketing techniques on Amazon after a federal jury in North Carolina slapped the rival company with a nearly $15 million verdict for false advertising and unfair business practices.

  • March 21, 2024

    Feds, Green Groups Say Campbell's Is Polluting Lake Erie

    The United States and two environmental groups brought separate complaints on the same day accusing a Campbell's subsidiary of violating the Clean Water Act by polluting Lake Erie and the Maumee River with wastewater from its northwestern Ohio canning facility.

  • March 21, 2024

    Faegre Drinker Hires Indianapolis Litigation Boutique Founder

    Faegre Drinker Biddle & Reath LLP has hired a founding partner of Indianapolis litigation boutique Hoover Hull Turner LLP, who joins the firm as a partner to continue her practice centered on business litigation matters, the firm recently announced.

  • March 20, 2024

    4th Circ. Backs Rockefeller Group in Guatemalans' Syphilis Suit

    A group of Guatemalans who sued The Rockefeller Foundation over venereal disease experiments conducted on prisoners and psychiatric patients in the 1940s did not show an American doctor involved in the gruesome activities acted on behalf of the organization, a Fourth Circuit panel ruled Wednesday.

  • March 20, 2024

    Endo Plan To Trim $5B In Debt Confirmed By NY Judge

    Drugmaker Endo International got a New York bankruptcy judge's approval for its Chapter 11 plan that aims to cut more than $5 billion in debt and hand over ownership to its lenders, roughly a month after it finalized a $465 million deal to resolve criminal and civil opioid claims.

  • March 20, 2024

    Montgomery McCracken Adds Litigation Pro In Philly

    Montgomery McCracken Walker & Rhoads LLP has added a former Weitz & Luxenberg PC attorney and seasoned litigation specialist to its team in Philadelphia.

  • March 20, 2024

    Husch Blackwell Hires 5 Attorneys From Lewis Brisbois

    Husch Blackwell LLP announced Wednesday it is welcoming a five-attorney litigation team from Lewis Brisbois Bisgaard & Smith LLP to an expanding Minneapolis office, following Husch Blackwell's addition of a transportation practice leader and others from the same rival early this year.

  • March 20, 2024

    EU Commission Builds 'Toolkit' To Fight Counterfeiting

    The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues. 

  • March 20, 2024

    Calif. Firm Takes On AI, Dating Apps And 'Dopamine Culture'

    A Valentine’s Day class action against dating platform MatchGroup was just the latest in a series of ambitious fights the Malibu-based boutique Clarkson Law Firm PC has picked with Big Tech and beyond, hoping to more broadly protect consumers from addictive and harmful business practices.

  • March 20, 2024

    Hemp Co. Wins Bid To Reverse 'Irrational' UK Gov't CBD Ban

    A hemp company has won its bid in a London court for permission to challenge the U.K. government's decision to ban imports of its cannabis-derived products based on a trace of a controlled chemical.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    EPA Tightens Auto Emissions Rules But Relaxes Timetable

    The U.S. Environmental Protection Agency on Wednesday finalized a rule that requires reductions in greenhouse gas emissions from cars, trucks and vans through 2032, although automakers, labor unions and dealers convinced the EPA to relax its timetable.

  • March 20, 2024

    Breaking Down Each State's Climate Priority Policies

    Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Activision, Rockstar Sued Over Addictive Video Games

    Activision Blizzard Inc., Rockstar Games Inc., Epic Games Inc. and other major video game developers have been sued in Arkansas federal court over allegations that popular titles like Fortnite and Call of Duty are addictive by design and ruined the life of a 14-year-old child.

Expert Analysis

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

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