Product Liability

  • June 17, 2024

    Exxon Investor Deal May End Suit Over Emissions Proposal

    Activist investor Arjuna Capital may yet evade Exxon Mobil Corp.'s lawsuit over a contentious greenhouse gas-related shareholder proposal the investor sought to include in the company's 2024 proxy statement, with a Texas federal judge on Monday seemingly ready to believe the investor's promises not to resubmit the proposal.

  • June 17, 2024

    Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

    A Michigan federal judge said he would give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

  • June 17, 2024

    Zantac Suits Must Exit State Court, Conn. Judge Told

    A Connecticut' state court judge must relinquish jurisdiction over two lawsuits claiming that generic versions of the heartburn drug Zantac caused cancer because state statutes do not subject entities with foreign business registrations to the auspices of Constitution State judges, a pharmaceutical industry attorney argued at a hearing Monday morning.

  • June 17, 2024

    Boeing, Virgin Can't Agree To Injunction's Scope In IP Row

    Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.

  • June 17, 2024

    Ga. Panel OKs Instruction In $4.5M Spinal Device Injury Suit

    The Georgia Court of Appeals has affirmed a trial court's decision to tell jurors not to consider the availability of insurance benefits when considering the issues of liability and damages in a case in which a woman whose doctor incorrectly implanted a spinal cord stimulator was awarded $4.5 million.

  • June 17, 2024

    Talc Claimants Want Documents In Fight Over J&J Unit Venue

    Cancer patients with talc damage claims against Johnson & Johnson have urged a New Jersey federal court to give them access to transcripts and exhibits from depositions of top executives at the company's talc unit, saying the information will aid their effort to bar the J&J spinoff from filing a third Chapter 11 outside the Garden State.

  • June 17, 2024

    Justices Won't Hear Challenge To NY Gun, Ammo Sales Laws

    The U.S. Supreme Court on Monday denied a petition by New York gun shop owners seeking to appeal a decision striking down their suit challenging state laws regulating firearm sellers and ammunition sales.

  • June 14, 2024

    Meta Halts AI Tech Debut In EU After Regulatory Backlash

    Meta Platforms Inc. said Friday that it was putting on hold plans to expand its artificial intelligence offerings to the European market after the Irish privacy regulator raised concerns about the company's efforts to use public content posted on Facebook and Instagram to fuel these models.

  • June 14, 2024

    Blistering Dissents Belie Justices' Penchant For Consensus

    Thirteen days into June, the U.S. Supreme Court had recorded one of the highest rates of unanimous decisions in the past four decades. But the era of historic consensus was tarnished a bit Friday when the court issued three split decisions and two scathing dissents highlighting how much the nine justices differ.

  • June 14, 2024

    Janssen Hit With $150M Verdict In HIV Drug False Claims Suit

    A New Jersey federal jury hit Janssen with a $150 million False Claims Act verdict in a 12-year-old whistleblower suit, finding that the drugmaker violated the federal law as well as 27 related state FCA statutes by illegally profiting from the off-label marketing of two popular Janssen HIV medications.

  • June 14, 2024

    Monsanto Says Wash. Ruling Axes $275M PCB Verdict

    Monsanto has asked a Washington state appeals court to reverse a $275 million verdict against it in a suit over polychlorinated biphenyls exposure at a school site, saying a recent reversal of a $185 million verdict by the court in another case greatly bolsters its argument for another reversal.

  • June 14, 2024

    Feds, Tribes Say Mill Owners Liable For 150 Years Of Pollution

    The federal government, the state of Washington and a slew of tribes are suing the owners of a shuttered sawmill and a property group that now oversee the sawmill area's development, alleging that for more than a century, hazardous substances from the operation released into Port Gamble Bay and have harmed its natural resources.

  • June 14, 2024

    FAA Probes Fake Titanium Docs From Boeing Supplier

    The Federal Aviation Administration said Friday that it's investigating whether certain Boeing Co. jets were manufactured with titanium components that may have been sold to the plane maker with falsified authenticity documents.

  • June 14, 2024

    9th Circ. Won't Recharge Energizer Battery False Ad Suit

    Energizer defeated a proposed class action accusing it of fraudulently touting its AA Max batteries are "up to 50% longer lasting," after the Ninth Circuit said Friday reasonable consumers wouldn't be misled by the statement since it doesn't promise they'll always last 50% longer than competing products in all applications.

  • June 14, 2024

    'Alkaline Water' Co. Owes Another $3.1B For Liver Failures

    A Las Vegas jury awarded $3 billion in punitive damages and $89.75 million in compensatory damages Friday to a group of children and adults who experienced severe liver problems after drinking toxin-adulterated "alkaline water," adding to the product maker's legal woes.

  • June 14, 2024

    Political Speech Groups Challenge NJ Judicial Privacy Case

    Two voting-integrity groups moved Friday to dismiss federal claims brought against them under New Jersey's Daniel's Law on the grounds that their business of publishing voter registration information is political speech protected by the First Amendment and federal voting rights laws.

  • June 14, 2024

    Justices Overturn ATF Rule Banning Bump Stocks

    The U.S. Supreme Court ruled Friday that the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives does not have the authority to ban bump stocks, finding that the firearm accessory can't be considered a machine gun for purposes of the National Firearms Act.

  • June 13, 2024

    Thomas Targets Group Standing In Mifepristone Ruling

    U.S. Supreme Court Justice Clarence Thomas joined his colleagues Thursday to unanimously uphold broad access to the abortion medication mifepristone for now, but he wrote separately to challenge a standing rule that often serves as the key to the courthouse doors for litigants of all varieties.

  • June 13, 2024

    Equipment Maker Looks To Chill Ice Creamery's Use Of Its IP

    A company that holds a patent for making ice cream using cryogenics has accused a Florida franchisor of falsely claiming to operate under a patent, saying in Washington federal court that the dessert purveyor has even been charging franchisees an "intellectual property fee."

  • June 13, 2024

    NYC Sued Over Policy Targeting Unlicensed Pot Stores

    More than two dozen New York City retailers have launched a proposed federal class action against the city alleging that enforcement of a new policy targeting stores for selling cannabis without a license has resulted in the unconstitutional closing of hundreds of businesses.

  • June 13, 2024

    Monsanto Can't Plead Ignorance On PCB Pollution, Cities Say

    Chicago suburbs looking to hold Monsanto and related businesses accountable for their financial share of reducing pollutants in water that flows into Lake Michigan urged an Illinois state court to keep their case alive, arguing the companies should have known about the dangers of the chemicals in products.

  • June 13, 2024

    Oral Arguments Granted In $51M NOLA Airport Defect Row

    A Louisiana federal judge will hear oral arguments next month over a counterclaim brought by the city of New Orleans concerning damages at a $1 billion terminal project for the Louis Armstrong New Orleans International Airport.

  • June 13, 2024

    Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told

    A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.

  • June 13, 2024

    DOE Can't Limit Water Usage In Dishwashers, Shoppers Say

    Two men sued the U.S. Department of Energy in Texas federal court over the agency's new rules that govern how efficiently household appliances need to manage water usage, saying in a Thursday complaint that the agency surpassed its statutory authority and flouted a previous Fifth Circuit decision.

  • June 13, 2024

    FAA Chief Vows Diligent Boeing Oversight In Senate Hearing

    The Federal Aviation Administration's chief told a Senate panel Thursday that the regulator has diligently stepped up oversight of Boeing's manufacturing since January's harrowing midair door plug blowout on a 737 Max 9 jet, an incident that prompted multiple probes into Boeing's safety culture and quality control.

Expert Analysis

  • Think Like A Lawyer: Always Be Closing

    Author Photo

    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

    Author Photo

    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

    Author Photo

    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

    Author Photo

    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

    Author Photo

    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • How Cannabis Rescheduling May Alter Paraphernalia Imports

    Author Photo

    The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

    Author Photo

    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

    Author Photo

    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

    Author Photo

    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • How Federal And State Microfiber Pollution Policy Is Evolving

    Author Photo

    Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.

  • An Insurance Coverage Checklist For PFAS Defendants

    Author Photo

    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

    Author Photo

    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 10 Tips To Build Trust With Your Witness During Trial Prep

    Author Photo

    Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

    Author Photo

    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

  • A Healthier Legal Industry Starts With Emotional Intelligence

    Author Photo

    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

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!