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Product Liability

April 25, 2025
Exxon Can't Use $8.5M Deal To Skirt Pa. Suit, Judge Says

Exxon Mobil Corp. and ExxonMobil Oil Corp. can't use an $8.5 million settlement from 2012 to escape Pennsylvania's drinking water contamination suit, a New York federal judge has ruled.
April 25, 2025
Hemp Co. Says Seller Can't Pass Buck On Pot Arrest

A hemp company and its affiliates are urging a Wisconsin federal court to throw out a seller's claim that his shop was raided and he was convicted of drug possession because their products were falsely labeled as legal hemp, saying that the complaint fails to show the products had anything to do with the arrest.
April 25, 2025
Father Trapped In Tesla During Fatal Fire, Family Claims

The family of a father who died while trapped inside his Tesla Model 3 as it "spontaneously combusted and erupted into fire" is suing the automaker in California state court, claiming it was aware its doors would malfunction during a fire but hid that from consumers.
April 25, 2025
Apache Want To Pause Enviro Study Until High Court Ruling

An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.
April 25, 2025
11th Circ. Backs FDA In Denial Of Bidi's Vape Application

The Eleventh Circuit has affirmed the denial of a marketing application for a tobacco-flavored electronic cigarette made by Bidi Vapor LLC, finding that the U.S. Food and Drug Administration did not act arbitrarily or capriciously in finding that the company failed to show the product would promote public health.
April 25, 2025
Nelson Mullins Adds Product Liability Pro In Charlotte

Nelson Mullins Riley & Scarborough LLP has welcomed seasoned product liability litigator William Purnell to its Charlotte, North Carolina, litigation group, where the firm said it intends to draw on his experience defending manufacturers in complex matters involving everything from consumer goods to industrial equipment.
April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split

The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
April 24, 2025
Ill. Judge Won't Reduce Claims In Defective Smoker Suit

Grill manufacturer Char-Broil LLC can't escape claims it sold an electric smoker that shocked its users and didn't work correctly even after a recall, a Chicago federal judge ruled on Thursday, rejecting arguments that the buyers' fight is actually with the Consumer Product Safety Commission.
April 24, 2025
Biz Court Questions What Ties TikTok To NC In Addiction Case

A North Carolina business judge grappled Thursday with the limits of personal jurisdiction in the internet age in the state's case alleging TikTok addicts young users, questioning whether a digital app is different from a physical good regarding where a lawsuit can be filed.
April 24, 2025
Apple, Google, Roblox Duck Game Addiction Suit, For Now

An Illinois federal judge Wednesday dismissed Apple, Google and Roblox from a parent's proposed class action accusing multiple video game developers and platforms of peddling their addictive wares to children, saying the allegations lack specificity, but left open the possibility of amending the complaint.
April 24, 2025
$1M Settlement In Ga. PFAS Litigation Gets Judge's Final OK

A Georgia federal judge gave a final sign-off Wednesday to a $1 million settlement that will see a chemical company provide temporary drinking water resources to a northwest Georgia town to end the company's involvement in a suit over the alleged release of forever chemicals into local waterways.
April 24, 2025
DOT Carves Out Autonomous Vehicle Exemptions

The U.S. Department of Transportation on Thursday updated its policy for developing autonomous vehicles, pledging to ease regulatory hurdles for domestically produced vehicles in order to accelerate U.S. competitiveness in the self-driving car space.
April 24, 2025
L'Oreal, P&G Sued Over Hair Dyes Blamed For Stylist's Cancer

A woman who developed bladder cancer after decades of exposure to hair dye is suing companies including L'Oreal, Coty, Procter & Gamble and others in California state court, claiming they concealed risks associated with certain chemicals in their products.
April 24, 2025
Verdict Upheld For Security Co. Accused In Teen's Drowning

A Connecticut judge has declined to set aside a jury verdict in favor of a security company that beat product liability and recklessness claims in the death of a teenager who drowned after sneaking into a Hartford park pool, rejecting arguments from the boy's mother that two evidence rulings tainted the outcome of her case.
April 23, 2025
11th Circ. Considers Timeliness Of J&J Pelvic Mesh Claims

An Alabama couple urged the Eleventh Circuit on Wednesday to revive their lawsuit over injuries allegedly caused by pelvic mesh manufactured by Ethicon Inc. and its parent Johnson & Johnson, arguing that a district court wrongly found their claims were time-barred.
April 23, 2025
Oil Giants Lose Bid To Shake DC 'Greenwashing' Suit

A D.C. Superior Court judge has refused to throw out a D.C. lawsuit accusing BP, Chevron, Exxon Mobil and Shell of long misleading consumers about climate change and the central role that their fossil fuel products have played in causing it.
April 23, 2025
FDA Warns Of Health Risks In Topical Hair Loss Drug

The U.S. Food and Drug Administration on Wednesday alerted healthcare providers, pharmaceutical compounders and consumers about potential safety risks tied to certain hair loss treatment products,聽citing reports of persistent adverse side effects, including sexual dysfunction, depression and suicidal thoughts.
April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.

A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
April 23, 2025
Pool Co. Wants Rival's CEO Arrested For Unpaid $17M Verdict

A U.S. pool parts supplier wants the owner of a rival Chinese business arrested after months of allegedly dodging court orders demanding information on company assets to satisfy a $17 million false advertising and deceptive business practices judgment.
April 23, 2025
Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit

Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.
April 23, 2025
New Mexico Wildfire Sparks Suit Against Federal Government

The federal government is being hit with a lawsuit challenging the U.S. Forest Service's alleged failure to follow its own prescribed burn plan, saying the lapse eventually led to the destruction of nearly 46,000 acres in the Jemez Mountains in New Mexico.
April 23, 2025
Colgate Faces New Suit Over Lead In Children's Toothpaste

Colgate-Palmolive Co. was hit with another class action accusing it of allowing their children's toothpaste to become tainted with heavy metals, according to a complaint filed in New York federal court.
April 23, 2025
Railcar Co. Owes Nothing In $600M Ohio Derailment Deal

A federal jury on Wednesday freed a railcar company from Norfolk Southern Corp.'s suit seeking a contribution to a聽$600 million settlement with聽individuals and businesses impacted by a train derailment and chemical spill in a small Ohio village two years ago.聽聽
April 23, 2025
Eli Lilly Sues 4 Telehealth Cos. For Weight Loss Drug Copies

Eli Lilly filed a new round of lawsuits Wednesday over the compounding of its popular weight loss drugs Mounjaro and Zepbound, accusing four telehealth companies of making copies of the medications while alleging that two companies violated laws requiring doctors to make medical decisions, not corporations.聽
April 23, 2025
Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'

A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.

Expert Analysis

What 2024 Trends In Marketing, Comms Hiring Mean For 2025

The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends 鈥� from changes in the C-suite to lateral move challenges 鈥� providing clues for what鈥檚 to come in the year ahead, says Ben Curle at Ambition.
How Attorneys Can Master The Art Of Eye Contact At Trial

As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
Series

Group Running Makes Me A Better Lawyer

The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen聽at聽Greenwald Doherty.
Cos. Must Brace For New PFAS Regulations And Litigation

The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory 鈥� and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
Opinion

6 Changes I Would Make If I Ran A Law School

Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

Partner mobility data suggests that the third quarter of this year continued to be a buyer鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥� but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
AV Compliance Is Still A State-By-State Slog 鈥� For Now

While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements 鈥� paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
Teaching Your Witness To Beat The Freeze/Appease Response

In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition 鈥� where they become a deer in headlights, agreeing with opposing counsel鈥檚 questions and damaging their credibility in the process 鈥� but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥� approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
What Bisphenol S Prop 65 Listing Will Mean For Industry

The imminent addition of bisphenol S 鈥� a chemical used in millions of products 鈥� to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

Cases can appear complex for several reasons 鈥� due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥� but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
Series

Gardening Makes Me A Better Lawyer

Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
And Now A Word From The Panel: Ballpark Lessons For MDLs

The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
Litigation Inspiration: Reframing Document Review

For attorneys 鈥� new ones especially 鈥� there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
The Fashion Industry Should Prep Now For State PFAS Bans

New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.