Product Liability

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 20, 2024

    Fiji Water Microplastics Suit Heads To Illinois Federal Court

    The Wonderful Company LLC has removed to Illinois federal court a proposed false advertising class action accusing it of misleading consumers by labeling its Fiji Water as "natural artisan water" while knowing it contained microplastics.

  • February 20, 2024

    High Court Denies Review Of Wrestler Attorney Sanctions

    The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.

  • February 20, 2024

    Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash

    The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.

  • February 16, 2024

    Uber Failed To Prevent Driver Sex Assaults, MDL Suit Says

    Uber has known for nearly a decade that its drivers were preying on and sexually assaulting passengers but failed to implement meaningful policies to prevent such crimes, according to a master complaint filed in multidistrict litigation in California federal court.

  • February 16, 2024

    Judge Seeks Briefing On New Expert Proposed In Tylenol MDL

    U.S. District Judge Denise Cote signaled Friday that she's willing to consider a new expert witness proposed in the multidistrict litigation alleging prenatal exposure to acetaminophen causes ADHD, directing the parties to propose a briefing schedule on whether the expert's opinion is admissible.

  • February 16, 2024

    Boeing And Lion Air Families Spar In 7th Circ. Jury Trial Bid

    The Seventh Circuit on Friday considered whether a more than century-old law governing fatal accidents occurring over the high seas allows the two remaining victims' estates suing Boeing over the Lion Air 737 Max crash to demand a jury trial.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    Va. Couple Sues CooperSurgical Over Destroyed Embryos

    CooperSurgical Inc. has been hit with a product liability action in California federal court by a Virginia couple alleging they went through the arduous process of in vitro fertilization only for the company's defective culture media to destroy their irreplaceable embryos.

  • February 16, 2024

    Clean Energy Cos. Must Pay Heed To PFAS Crackdown

    The clean energy industry shouldn't downplay the growing scrutiny over so-called forever chemicals, many of which are present in key components of their projects and can't be easily replaced, attorneys say.

  • February 16, 2024

    Judge Wary Of Boeing's Bid To Duck Birth Defect Suit

    A Washington state judge pressed Boeing on Friday to explain why it should get a "free pass" in a lawsuit over birth defects allegedly caused by factory workers' chemical exposure, questioning the aerospace giant's argument that it didn't have a duty to workers' future children based on foreseeable harm.

  • February 16, 2024

    Target, Hoverboard Biz Settle Pa. Fire Deaths For $38.5M

    The parents of two deceased girls, Target and a hoverboard maker entered into a $38.5 million settlement Friday resolving a lawsuit in Pennsylvania federal court over a self-balancing scooter that allegedly shorted out while charging and caused a house fire that claimed the sisters' lives.

  • February 16, 2024

    Split Court Won't Stop Philly Ban On 3D-Printed Gun Parts

    Philadelphia can keep an ordinance banning the 3D printing and assembly of gun parts into so-called "ghost guns," after a split Commonwealth Court of Pennsylvania said Friday that the state law preempting local firearm regulations didn't extend to incomplete firearm components.

  • February 16, 2024

    Camp Lejeune Plaintiffs Seek Appeal Of Jury Trial Denial

    Two plaintiffs suing the federal government over water contamination at Camp Lejeune are asking a North Carolina federal court to allow them to appeal a judges' decision striking their bid for a jury trial, saying the issue is a novel question of law that should be answered sooner rather than later.

  • February 16, 2024

    Ex-Jenner & Block Litigator Joins Holland & Knight In Chicago

    Holland & Knight LLP has brought on a longtime Jenner & Block LLP partner to bolster its litigation practice as a partner based in its Chicago office.

  • February 15, 2024

    NorCal Roundup Suit Faces Dismissal Or Transfer To MDL

    A Northern California federal judge said Thursday he'll either dismiss a proposed nationwide class action over Roundup exposure or transfer it to multidistrict litigation in California's Central District, saying, "It seems obvious that [plaintiffs] filed it in the wrong court."

  • February 15, 2024

    Enviro Orgs Sue EPA Over PFAS Data For Plastic Containers

    Two environmental groups accused the U.S. Environmental Protection Agency on Thursday of withholding test data on the presence of forever chemicals in fluorinated plastic containers in response to their Freedom of Information Act request.

  • February 15, 2024

    Gerber, Others Fight Bid For MDL On Baby Food Heavy Metals

    A group of baby food manufacturers, including Gerber Products Co., The Hain Celestial Group Inc. and Beech-Nut Nutrition Co., is urging the Judicial Panel on Multidistrict Litigation not to consolidate suits alleging that heavy metals in their products cause autism spectrum disorder and other conditions, saying there's no benefit to grouping them in an MDL.

  • February 15, 2024

    GM Tells 6th Circ. Unharmed Drivers Can't Be Certified

    General Motors urged the Sixth Circuit on Wednesday to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying the district court "shirked" its duty to rigorously analyze issues before granting the certification.

  • February 15, 2024

    Profs Say W.Va. Mifepristone Ban 'Out Of Step' With Regs

    A group of history professors told the Fourth Circuit on Wednesday that a district court's decision in favor of a new West Virginia law limiting the abortion drug mifepristone is "out of step" with federal regulatory practices designed to fill the gap left by state-level failures to regulate drugs.

  • February 15, 2024

    AGs Press FDA On Safeguards Against Metal In Baby Food

    Attorneys general from states across the country urged the U.S. Food and Drug Administration once again on Thursday to establish requirements that baby food producers test for lead and other metals in products headed for store shelves, citing a recent wave of childhood lead poisoning connected to recalled applesauce pouches.  

  • February 15, 2024

    Court Mulls If Claims Buyer Qualifies For Special Ch. 11 Trust

    A Delaware bankruptcy judge on Thursday considered whether a company that pursues claims on behalf of medical insurers and healthcare organizations can be paid from a specialized opioid trust created by the 2022 Chapter 11 plan of Irish pharmaceutical company Mallinckrodt PLC.

  • February 15, 2024

    Judge Says Jurors Can See J&J Ads In Talc Trial

    A Florida judge on Thursday said decades-old advertisements for Johnson & Johnson baby powder are relevant to potential punitive damages in a talc trial and he would not shield jurors from seeing them, but he scolded the company for not opting for a two-part trial on liability and punitive damages.

  • February 15, 2024

    9th Circ. Won't Revive Honda AC Warranty, Fraud Claims

    The Ninth Circuit has said it won't revive a breach of implied warranty suit against American Honda Motor Co. Inc. alleging it sold vehicles with faulty air conditioners, holding the proposed class of buyers hasn't shown that its members have a special relationship with the company.

  • February 15, 2024

    GM Fuel Pump Class Can't Take Second Go At Multistate Cert

    A Michigan federal judge has ruled that drivers alleging General Motors sold them vehicles with faulty fuel pumps cannot toll some of their claims or try for a second round of certifying a multistate class, concluding that the "unusual" request was not supported by case law.

Expert Analysis

  • Considering The Logical Extremes Of Your Legal Argument

    Author Photo

    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

    Author Photo

    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

    Author Photo

    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

    Author Photo

    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

    Author Photo

    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

    Author Photo

    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

    Author Photo

    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Opinion

    New Rule 702 Helps Judges Keep Bad Science Out Of Court

    Author Photo

    A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

    Author Photo

    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs

    Author Photo

    While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.

  • Googling Prospective Jurors Is Usually A Fool's Errand

    Author Photo

    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • A Look Into How Jurors Reach High Damages Awards

    Author Photo

    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

    Author Photo

    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

  • Opinion

    3rd-Party Financiers Have Power To Drive Mass Tort Cases

    Author Photo

    The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

    Author Photo

    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
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!