Product Liability

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints, and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Gun Cos. Can't End New York AG's Ghost Gun Crisis Suit

    A New York federal judge Friday largely denied a dismissal bid by gun distributors accused by New York Attorney General Letitia James of selling gun parts that can be easily converted into "ghost guns" to customers without background checks, rejecting the distributors' argument that the state's claims infringe on the Second Amendment.

  • February 23, 2024

    Hershey Wants Suit Over Metals In Chocolate Axed For Good

    The Hershey Co. urged a California federal judge on Thursday to toss a proposed class action alleging some of the candy maker's dark chocolate products contain dangerous levels of lead and cadmium for good, saying the small amount of heavy metals in the chocolate are naturally occurring and not dangerous.

  • February 23, 2024

    Miss. High Court Won't Axe Liver Failure Wrongful Death Suit

    The Mississippi Supreme Court reinstated wrongful death claims brought by the widow of a driver who suffered injuries in an auto crash but died due to liver failure after being prescribed acetaminophen, finding that the question of whether his death was foreseeable is one for the jury to decide.

  • February 23, 2024

    Social Media Addiction Fight Akin To Big Tobacco, Judge Says

    A California federal judge appeared skeptical Friday of dismissing claims by parents and children seeking to hold Facebook founder Mark Zuckerberg liable in sprawling personal injury multidistrict litigation over social media's allegedly addictive design, comparing the addiction allegations to Big Tobacco cases that proceeded past the pleading stage.

  • February 23, 2024

    Fla. Doctor Says T-Mobile Let Hacker Steal Her SIM Card

    A Tampa, Florida, doctor has sued T-Mobile for allegedly failing to stop a "SIM swap" hacker from transferring her personal phone account and then doing little to address the identity theft that followed, which involved the hacker trying to steal thousands from her retirement account and using her medical credentials to write more than 700 fraudulent prescriptions.

  • February 23, 2024

    Tobacco Cos. Look To Nix COPD Suit Decades After Diagnosis

    Tobacco companies R.J. Reynolds and Philip Morris asked a Massachusetts state judge on Friday to end a wrongful death lawsuit brought decades after a woman's COPD diagnosis and nearly three years after her death, pointing to a state high court ruling last summer that affirmed strict time limits for such claims.

  • February 23, 2024

    5th Circ. Won't Revive Mississippi Plane Crash Suit

    The Fifth Circuit has affirmed a Mississippi federal judge's decision dismissing claims by an airplane pilot who was severely injured in a crash, ruling that a lower court was right to dismiss the case on jurisdictional grounds.

  • February 23, 2024

    Walgreens Investors Near Deal In Suit Over Opioid Epidemic

    An Illinois federal judge agreed Friday to maintain a stay in a stockholder derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids, a day after the parties announced an agreement in principle to resolve their dispute.

  • February 23, 2024

    Judge Nixes Walmart 'Raw Honey' False Ad Class Action

    A Chicago federal judge granted dismissal of a proposed class action against Walmart alleging its "raw honey" and "organic raw honey" were falsely branded, saying there were no allegations about what the lead plaintiff believed when he bought the products, or what a reasonable consumer would believe.

  • February 23, 2024

    US Gun Cos. Seek Time For Justices' Input On Mexico's Suit

    Gunmakers facing a recently revived lawsuit looking to hold them liable for firearms trafficking and cartel violence in Mexico on Friday asked a Boston federal judge to stand down and halt proceedings so the U.S. Supreme Court can have a chance to review the case.

  • February 23, 2024

    Holland & Knight Product Liability Ace Rejoins Reed Smith

    Reed Smith LLP has rehired a former partner who, in his first stint with the firm, spent a little over nine years representing pharmaceutical and medical device companies in product liability and other litigation, the firm announced Thursday.

  • February 22, 2024

    Family Dollar Accused Of Knowingly Selling Unsafe Drugs

    Two customers hit Family Dollar Stores Inc. and its parent company Dollar Tree Inc. with a proposed class action Wednesday in Florida federal court, alleging the discount chain stored over-the-counter drugs in high temperatures but still sold the unsafe products to consumers.

  • February 22, 2024

    Gilead Reaches Deal In Suit Over Counterfeit HIV Drug

    Gilead Sciences Inc. has agreed to a deal to end a suit in New York federal court against Safe Chain Solutions LLC over allegedly counterfeit versions of Gilead HIV medications, with Safe Chain being barred from buying certain Gilead products.

  • February 22, 2024

    Fire Product Makers Try To Move PFAS Suit To Fed. Court

    A group of chemical companies that produce fire suppressants are seeking to move to federal court a suit brought by the Connecticut attorney general looking to rein in the use of PFAS chemicals, saying they are entitled to a federal forum to exercise a "government contractor" defense.

  • February 22, 2024

    Things To Watch As Boeing's 737 Max Crisis Grows

    Boeing is bracing for another round of government investigations, production pauses and mounting litigation in its enduring 737 Max crisis after last month's midair panel blowout, but experts say a leadership shakeup and promises to enhance inspections offer cold comfort to regulators, airlines and passengers.

  • February 22, 2024

    Wolverine Wants Judgment, Sanctions In PFAS Coverage Row

    Footwear company Wolverine asked a Michigan federal court Thursday to grant it a win and impose additional sanctions against its insurer for continued "flagrant disregard and willful disobedience of discovery orders" in a dispute over coverage of PFAS chemical injury suits that may set the tone for similar litigation.

  • February 22, 2024

    Chamber, Biz Groups Fight Class Cert. In GM Defect Suit

    Automotive and product manufacturer associations on Wednesday sided with General Motors in seeking to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying allowing classes to include uninjured drivers would create billions of dollars in unnecessary litigation.

  • February 22, 2024

    SoCal Edison Faces More Suits Over 2022 Fairview Fire

    Southern California Edison has been slapped in state court with two additional lawsuits by California residents alleging the company should be held liable for causing the deadly Fairview Fire in September 2022 that charred more than 28,000 acres, destroyed 36 structures and killed at least two people.

  • February 22, 2024

    Bumble Reaches $315K Settlement In Criminal Screening Case

    Dating app company Bumble has agreed to pay $315,000 and change its business practices to settle claims brought by New Jersey Attorney General Matthew Platkin that it failed to disclose its criminal background-check screening policies.

  • February 22, 2024

    Anapol Weiss Absorbs Injury Boutique Attys, Adds Partner

    Anapol Weiss has joined forces with a Philadelphia personal injury boutique and added a partner from Saltz Mongeluzzi & Bendesky PC, the firm announced this week.

  • February 22, 2024

    Judge Wary Of Sanctions Bid In 'Fabricated' Infant Death Suit

    A Connecticut federal judge is worried about the possible consequences of sanctioning parties who brought what one company called a "fabricated" product liability lawsuit blaming it and Target Corp. for a baby's death, expressing concern Thursday that any factual findings could interfere with the plaintiffs' right to a jury trial.

  • February 21, 2024

    Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban

    A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.

  • February 21, 2024

    GM Bolt Buyers' Attys Blasted For 'Wasting' Judge's Time

    A California federal judge on Wednesday scolded lawyers who filed about 150 "cookie cutter" lawsuits alleging General Motors knowingly sold Chevrolet Bolt electric vehicles with defective batteries, asking why they shouldn't be sanctioned for "wasting" court time as claims for some model years will have to be withdrawn.

  • February 21, 2024

    Gov't Says Camp Lejeune Litigants Must Show Specific Cause

    The federal government has said that Camp Lejeune plaintiffs need to show that their illnesses were specifically caused by their exposure to contaminated water at the Marine base, not just that they spent 30 days at the base and have an illness that can be caused by exposure.

Expert Analysis

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • Considering The Logical Extremes Of Your Legal Argument

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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