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Product Liability

May 28, 2025
NRC Has No Defense For New License Rules, DC Circ. Told

Two anti-nuclear power groups are contending before the D.C. Circuit that the U.S. Nuclear Regulatory Commission is offering inconsistent arguments in defense of updated regulations for renewing nuclear power plant operating licenses.
May 28, 2025
3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case

The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.
May 28, 2025
Drugmaker LIVation Fights Novo Nordisk's Trademark Claims

A Connecticut company, accused by Novo Nordisk Inc. of breaking trademark and unfair trade practices laws by comparing its compounded drugs to Ozempic, says it has taken down online posts the pharma giant challenged in April, claiming Novo Nordisk can no longer prove ongoing harm.
May 28, 2025
Class Suit Against AI Drugmaker Back On After Mediation Fails

After the parties failed to settle through mediation, a Connecticut federal judge has unpaused the latest iteration of a proposed class action accusing artificial intelligence-driven drugmaker BioXcel Therapeutics Inc. of false and misleading statements about U.S. Food and Drug Administration compliance issues surrounding a dementia drug.
May 28, 2025
Mallinckrodt Investors Get Initial OK For $5.5M Settlement

Investors of drugmaker Mallinckrodt received preliminary approval of their $5.5 million settlement with two executives and a director of the company Wednesday, ending the investors' claims they were misled into believing Mallinckrodt had recovered from bankruptcy and would make a $200 million payment to opioid claimants.
May 28, 2025
Berkshire Hathaway RV Maker Wants End To Defect Suit

A Berkshire Hathaway company is urging a Montana federal court to throw out the last remaining claims in a suit alleging it made and sold RVs with dangerous wiring defects, saying the plaintiff hasn't shown any evidence of actual damage or that the company was aware of any defects before he bought it.
May 28, 2025
China Can't Duck PPE Hoarding Claims By Fla. Medical Pros

A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.
May 28, 2025
Coca-Cola Sued Over '100% Natural Flavors' In Sprite, Fanta

The Coca-Cola Co. deceptively labels its Sprite and Fanta brands of sodas as being made with "100% natural flavors" despite that they contain synthetic sweetener ingredients and additives like citric acid and aspartame, according to a proposed class action filed Tuesday in California federal court.
May 28, 2025
Skadden Lands Kirkland Trial Ace In Chicago

Skadden Arps Slate Meagher & Flom LLP is expanding its litigation team, announcing Wednesday it is bringing in a Kirkland & Ellis LLP trial lawyer as a partner in its Chicago office.
May 27, 2025
Bluebird Bio Beats Investor Suit Over FDA Cancer Warning

Massachusetts-based biotechnology company Bluebird Bio Inc. has beaten a shareholder suit accusing it of misleading investors about the likelihood of the U.S. Food and Drug Administration's decision requiring a "black box warning" on one of its products due to the cancer risk it posed.
May 27, 2025
Philips Can't Nix Suit Over Sleep Machine Catching Fire

Medical equipment company Philips cannot end a lawsuit claiming its sleep apnea breathing machine caught fire in the middle of the night, burning a woman's face and consuming her home, a North Carolina federal judge ruled, saying the adult daughter of the victim, who died due to an unrelated illness, can remain the plaintiff.
May 27, 2025
Texas Legislature Sends THC Ban To Governor's Desk

Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.
May 27, 2025
Gorsuch Says Oak Flat Ruling Will Harm Native Generations

The Supreme Court's decision to deny an Apache nonprofit's petition that looked to save a centuries-old聽Arizona Indigenous worship site from destruction to make way for a multibillion-dollar copper mine is a grievous mistake with consequences that threaten to reverberate for generations, Justice Neil Gorsuch said in a Tuesday dissent.
May 27, 2025
Bayer, Monsanto On Hook For $611M Roundup Cancer Awards

A Missouri appellate panel Tuesday affirmed a trial court's $611 million award reduced from a jury's $1.56 billion verdict for three people who claimed their cancer was caused by Bayer unit Monsanto Co.'s Roundup weedkiller, saying a law professor's testimony about a Ninth Circuit decision was not prejudicial.
May 27, 2025
Pharma Co. Says Chubb Failed To Pay Covered Defense Costs

A New Jersey pharmaceutical company said Chubb owes nearly $6.5 million in outstanding defense costs related to a multibillion-dollar arbitration dispute over the manufacture of an antiviral drug, according to a suit removed to federal court Tuesday.
May 27, 2025
Expert Says DuPont Knew Of PFAS Risk At NJ Site

A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.
May 27, 2025
Unilever Buyers Clash Over Service Awards In $3.6M Deal

Class representatives in a suit alleging Unilever United States Inc. of selling dry shampoo with elevated levels of benzene are pushing back against an objection by other plaintiffs over service awards, saying the other plaintiffs didn't do anything to materially advance the litigation and thus are not entitled to the awards.
May 27, 2025
Latest Junior Hockey Players' Abuse Suit Against NHL Tossed

An antitrust class action by two junior league hockey players, accusing the National Hockey League and Canadian Hockey League of collusion and abusive treatment during their development, was dismissed by a Washington state federal court, the second venue in which their suit was thrown out.
May 27, 2025
LA County, Pasadena Shirking Eaton Fire Inspections, Suits Say

Two groups of California renters took to state court to sue Los Angeles County and the city of Pasadena for failing to properly inspect their homes after the Eaton Fire and for not making property owners decontaminate them.
May 27, 2025
Ghee Butter Buyer Denied Class Cert. In 'Good Fat' Label Suit

A California federal judge has denied a bid for class certification in a suit alleging the sellers of ghee, a clarified butter, falsely claimed that it contained "good fat," saying the lead plaintiff failed to show that anyone besides her was misled by the labeling.
May 27, 2025
High Court Won't Hear Apache's Bid To Undo Mining Decision

The U.S. Supreme Court will not take up a challenge by an Apache nonprofit that seeks to undo the federal government's transfer of nearly 2,500 acres of land to an Arizona copper mining company, a decision that could ultimately decide the fate of a centuries-old Indigenous worship site.
May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar

This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
May 23, 2025
Sonos Pushed New App Despite Knowing Problems, Suit Says

Sonos device owners from several states have lodged a putative class action against the audio system company, telling a California federal court that Sonos forced an app redesign on owners that caused connectivity problems and removed features users had relied on.
May 23, 2025
Group Asks 5th Circ. To Clarify Freight Broker Negligence

Truck safety advocates asked the Fifth Circuit on Friday to preserve state-law personal-injury claims against freight brokers, weighing in on a dispute that alleges Penske Logistics LLC is liable for negligently hiring an unsafe motor carrier that caused a fatal 2018 accident in Texas.
May 23, 2025
DOJ, Boeing Reach Deal To Drop 737 Max Criminal Case

The U.S. Department of Justice said Friday that it won't criminally prosecute Boeing over the deadly 737 Max crashes after reaching a deal that saves the American aerospace giant from being branded a corporate felon in exchange for approximately $1.1 billion in fines, penalties and victims compensation.

Expert Analysis

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.
Service Providers Must Mitigate 'Secondary Target' Risks

A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct 鈥� so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
Series

Flying Makes Me A Better Lawyer

Achieving my childhood dream of flying airplanes made me a better lawyer 鈥� and a better person 鈥� because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.