Product Liability

  • December 05, 2023

    SEC Chair Warns Businesses Against AI Washing: 'Don't Do It'

    U.S. Securities and Exchange Commission Chair Gary Gensler on Tuesday cautioned business owners not to "AI wash," or mislead investors as to their true artificial intelligence capabilities, comparing the practice to "greenwashing" and saying that securities laws require "full, fair and truthful disclosure."

  • December 05, 2023

    Investors Sue Smith & Wesson Brass Over Assault Rifle Biz

    Smith & Wesson's directors and senior executives place 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, according to a Nevada state lawsuit filed Tuesday by a group of Catholic sisters.

  • December 05, 2023

    Honda Wins Bid To Slash Most Atty Fees In Valve Defect Suit

    The counsel behind the $1.4 million valve defect jury verdict for Honda drivers that the automaker called an "abject failure" does not deserve $5.6 million in fees and costs, a California federal judge has ruled, approving only $1.5 million.

  • December 05, 2023

    Monsanto Gets Roundup Carcinogen Suit Dismissed

    A California federal judge has dismissed with prejudice a suit by consumers alleging that ingredients in Monsanto's Roundup could form a dangerous cancer-causing substance, saying the complaint fails to allege that such a thing has happened in the products at issue.

  • December 05, 2023

    Calif. Justice Asks 'What's Consumer To Do?' In Lemon Fight

    California Supreme Court justices on Tuesday doubted Chrysler's arguments that a consumer who traded her lemon vehicle with a third party must deduct its trade-in value from restitution she's entitled to under the Song-Beverly Act, noting Chrysler repeatedly refused to buy back her Jeep, with one justice asking, "What's the consumer to do?"

  • December 05, 2023

    5th Circ. Unsure Of Free Speech Claims In Tobacco Case

    A Fifth Circuit judge appeared skeptical Tuesday of an argument by R.J. Reynolds Tobacco Co. that cigarette companies' freedom of speech is being violated by government mandated text warnings and supposedly graphic images on packs of cigarettes to advertise the health risks of smoking.

  • December 05, 2023

    Panera Hit With Second 'Charged Lemonade' Death Suit

    Panera Bread Co. is being sued in Delaware state court over claims that its "Charged Lemonade" drink is responsible for a patron's death, less than two months after it was hit with a similar suit in federal court over another patron's death.

  • December 05, 2023

    Exxon Rips Estate's 'Wolf's Clothing' In Benzene Case

    Exxon Mobil Corp. is urging a Connecticut state court to stand by a jury verdict in its favor against claims that it used excessive amounts of carcinogenic benzene in its products, arguing that the mechanic's estate challenging the verdict put on "wolf's clothing for a garden variety dispute" over expert testimony.

  • December 05, 2023

    K&L Gates Adds DOJ Enviro, White Collar Attys In DC

    K&L Gates LLP has hired two attorneys from the U.S. Department of Justice who focus on environmental and white collar matters to join K&L's Washington, D.C., office as partners, the firm announced Tuesday.

  • December 04, 2023

    Justice Jackson Skeptical Of Sacklers' Ch. 11 Liability Shield

    As Purdue Pharma LP and its creditors pushed the U.S. Supreme Court on Monday to bless liability releases granted to members of the Sackler family who own it, a skeptical Justice Ketanji Brown Jackson said it was the owners themselves who created the necessity in the first place by withdrawing billions of dollars from the business before its bankruptcy.

  • December 04, 2023

    Parents Want Abbott Docs On Calif. Law In Baby Formula MDL

    Parents who are suing over contaminated Similac infant formula have asked an Illinois federal judge to force manufacturer Abbott Laboratories to produce documents related to its opposition to a California bill that would have required that formula be tested for heavy metals.

  • December 04, 2023

    What's At Stake As Calif. High Court Hears 'Lemon Law' Battle

    The California Supreme Court will hear oral arguments Tuesday in a case that could resolve an appellate court split over the Golden State's lemon law, potentially transforming how Chrysler and other automakers act to buy back or replace defective vehicles under the state's Song-Beverly Consumer Warranty Act.

  • December 04, 2023

    Judge Grounds Airport's Bid To Keep PFAS Suit In Fed. Court

    The Gerald R. Ford International Airport in western Michigan must litigate state environmental regulators' forever chemical cleanup lawsuit in state court because the airport authority hasn't shown that it handled the hazardous materials under any specific direction by the federal government, a federal judge ruled Monday.

  • December 04, 2023

    Cruise Must Explain Report Lag After Vehicle Dragged Pedestrian

    Cruise LLC must answer for not immediately telling the California Public Utilities Commission after one of its driverless vehicles dragged a pedestrian 20 feet, an administrative law judge has ruled, ordering the company to explain at a February hearing why it shouldn't be punished for withholding information and publicly misrepresenting its cooperation with the commission.

  • December 04, 2023

    Justices Take Cautious Look At Sacklers' Purdue Immunity

    U.S. Supreme Court justices on Monday challenged a bankruptcy watchdog's position that members of the Sackler family shouldn't get a liability shield in Purdue's Chapter 11 plan, focusing discussion on why such immunity might never be appropriate in the most foundational bankruptcy dispute to make it to the high court in several years.

  • December 04, 2023

    Texas Justices Say Airline Crew Can Sue Over Hearing Loss

    The Texas Supreme Court said that a pair of flight attendants can pursue their claims against The Boeing Co. and others over damage to their eardrums while on a flight, saying their refiled suit falls under a state law exception to the two-year statute of limitations.

  • December 04, 2023

    Mont. Asks State High Court To Block Youth Climate Ruling

    Montana asked the state Supreme Court to block a lower court's decision to invalidate legislation that prohibited regulators from considering greenhouse gas emissions in permitting decisions while its appeal unfolds.

  • December 04, 2023

    Judge Allows New Claims Against Unilever Benzene Suppliers

    Consumers suing Unilever for allegedly selling dry shampoo tainted with a carcinogen, benzene, will get an opportunity to add its suppliers as defendants, a Connecticut federal judge ruled, after discovery indicated they could possibly be held liable.

  • December 04, 2023

    Special Master Orders Travelers Atty To Sit For PFAS Depo

    A Travelers Indemnity Co. attorney must be compelled to sit for a deposition in a PFAS coverage suit launched against the insurer by footwear company Wolverine World Wide Inc., a special master in the lawsuit in Michigan federal court has ordered, despite Travelers' argument that, as in-house counsel, the attorney should be shielded.

  • December 04, 2023

    Nelson Mullins Adds Seven From Lathrop In Dallas, LA Offices

    Nelson Mullins Riley & Scarborough LLP has expanded its Dallas and Los Angeles offices, adding a seven-attorney team from Lathrop GPM LLP focused on product liability matters, the firm announced Monday.

  • December 04, 2023

    Frost Brown Adds Sheehy Ware Insurance Pro In Houston

    Frost Brown Todd LLP has strengthened its product, tort and insurance practice group with a partner in Houston who came aboard from Texas regional firm Sheehy Ware Pappas & Grubbs PC.

  • December 04, 2023

    J&J, Ethicon Settle 224 Hernia Mesh Defect Suits In MDL

    Johnson & Johnson and its surgical-suture maker subsidiary, Ethicon, have settled claims across 224 cases in a Georgia multidistrict litigation brought by patients who alleged that a hernia mesh manufactured by the companies was defective and injured them.

  • December 01, 2023

    PepsiCo Trims But Can't Nix 'Healthy' Gatorade False Ad Suit

    A California federal judge has agreed to dismiss a portion of the latest version of a proposed class action accusing PepsiCo of misbranding its Gatorade Fit drinks as "healthy," though the judge again gave the consumer plaintiffs the opportunity to file a new version of the complaint.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

Expert Analysis

  • 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.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

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