Product Liability

  • April 11, 2024

    Birth Control Injury Claims Barred From Conn., Court Told

    Connecticut state courts have no basis to exercise jurisdiction over three of the four companies targeted in product liability lawsuits brought by 103 women who claim their Filshie Clip birth control devices migrated within their bodies and caused injuries, counsel for the defendants told a Waterbury judge Thursday.

  • April 11, 2024

    Insurer Drops Suit After Evidence Clears Stihl In Fire Case

    Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.

  • April 11, 2024

    Judge Recommends State Court For Ore. County Climate Suit

    A federal magistrate judge has said an Oregon county's climate change lawsuit against Chevron, Exxon Mobil and other fossil fuel companies should be sent back to state court, rejecting arguments that the complaint was fraudulently crafted to evade federal jurisdiction.

  • April 11, 2024

    Exploding Shower Door Injury Suit Must Stay In Fed. Court

    A lawsuit seeking to hold a plumbing fixture company and Home Depot liable for injuries a child suffered when a shower door "exploded" will not be sent back to state court, a New Jersey federal judge ruled, saying an agreement to cap damages won't shake federal jurisdiction.

  • April 11, 2024

    US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute

    The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed. 

  • April 11, 2024

    Conn. Attorney Accused Of Unreasonable Fees In VW Case

    Connecticut's attorney disciplinary authority has accused an attorney of charging an unreasonable fee to a plaintiff in a 2022 defective product claim against Volkswagen of America and not providing documentation to support the fee, in violation of professional conduct rules.

  • April 10, 2024

    Hyundai, Kia Engine Fire Deal OK'd With 60% Atty Fee Cut

    A California federal judge has given final approval to a settlement ending a second consolidated class-action litigation alleging Hyundai and Kia sold vehicles with defective engines prone to fires, while awarding plaintiffs' attorneys only $3.4 million of the $8.9 million they requested.

  • April 10, 2024

    Tribes Sue Social Platforms Over Native Youth Suicides

    Two Native American tribes are suing social media giants, accusing them of relentlessly pursuing a strategy of "growth-at-all-costs" that has contributed to the disproportionately high rates of mental health crisis and suicide affecting Indigenous youth that is devastating Indian Country.

  • April 10, 2024

    Landmark PFAS Rule Faces Battles Over Costs And Science

    The U.S. Environmental Protection Agency on Wednesday issued the first-ever federal drinking water standards for "forever chemicals," something communities, environmental groups and politicians of both major political parties had been clamoring for. However, experts said the novel rulemaking will attract tough legal battles over implementation costs, supporting science and other elements.

  • April 10, 2024

    9th Circ. Mostly Affirms Industry Ban For COVID PPE Delays

    A Ninth Circuit panel on Tuesday largely upheld a district court's ruling requiring personal protective equipment suppliers to pay over $3 million after finding that they misrepresented the shipping times of hand sanitizer products at the start of the COVID-19 pandemic, while reversing the Federal Trade Commission's injunction against one of the companies' owners.

  • April 10, 2024

    Emissions Rules' Foes May Be Forced To Yield To Automakers

    Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.

  • April 10, 2024

    Talc Death Liability Should Have Been Even Split, Panel Finds

    A Pennsylvania appeals court on Wednesday partially reversed a $400,000 verdict in a mesothelioma suit against American International Industries, with a panel finding the trial court should have split the verdict in even thirds, rather than putting 50% of it on AII.

  • April 10, 2024

    Paper Companies Still Liable In Superfund Row, Judge Says

    A Michigan federal judge held that International Paper Co. and Weyerhaeuser Co. can still be sued for future cleanup costs of a Michigan superfund site after the Sixth Circuit cut them loose from their portion of a $49 million bill for cleanup costs to date.

  • April 10, 2024

    Botched Herbicide Job Spoiled 'God's Creation,' Ga. Jury Told

    Counsel for a rural Georgia quail hunting operation told an Atlanta federal jury Wednesday that when their client hired a company to thin out the woods on its property with herbicide, it instead brought "death and destruction" to the bucolic retreat.

  • April 10, 2024

    GM Hit With Class Action Over 'Shift-To-Park' Defect

    General Motors vehicles have a defect that prevents vehicles from detecting when they are in park, stopping drivers from shutting off or locking the vehicle and causing batteries to drain, a proposed class of drivers alleged in a new suit Tuesday.

  • April 10, 2024

    Children Fight Feds' Bid To Dodge Constitutional Climate Suit

    A group of children has fired back at the federal government's attempt to dismiss its California federal court lawsuit alleging the U.S. Environmental Protection Agency knowingly allows unsafe levels of climate pollution despite the Constitution guaranteeing "a life-sustaining climate system." 

  • April 10, 2024

    BCLP Adds Former Prosecutor As Trial Partner In Seattle

    One week after combining with a 12-member Seattle litigation group, Bryan Cave Leighton Paisner LLP has added a litigation and investigations partner in the Emerald City, the firm said Wednesday.

  • April 10, 2024

    EPA Finalizes First-Ever PFAS Drinking Water Standards

    The U.S. Environmental Protection Agency on Wednesday announced the final version of its first-ever regulatory limits on "forever chemicals" in drinking water, a move the EPA said will be accompanied by nearly $1 billion in new funding for implementation.

  • April 09, 2024

    After Uproar, New MDL Rule Advances With Attys Assuaged

    Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.

  • April 09, 2024

    Calif. AG Backs Bill To Revamp 'Abysmal' Corporate Penalties

    California Attorney General Rob Bonta gave his full support Tuesday to a state bill that would increase the cap on criminal penalties for corporate malfeasance from the "abysmal penalty" of $10,000 per felony to $25 million, or twice the value of the inflicted loss, and provide all proceeds to California's crime victim services.

  • April 09, 2024

    Philips, Feds Enter Consent Decree Over Sleep Apnea Devices

    Philips Respironics can't make sleep apnea breathing machines until it hires an independent monitor, undergoes inspections and meets its obligations under a plan to remediate patients affected by a 2021 recall of such devices, the U.S. Department of Justice and U.S. Food and Drug Administration announced Tuesday.

  • April 09, 2024

    What's In The Norfolk Southern $600M Derailment Deal

    Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.

  • April 09, 2024

    Venable Snags Trio Of Product Liability Partners From Steptoe

    Three Steptoe LLP product liability and mass torts partners have departed the firm and joined Venable LLP in Chicago and Los Angeles, according to an announcement Tuesday.

  • April 09, 2024

    Dole Escapes Fruit Snack False Ad Suit, For Now

    A California federal judge has tossed a proposed class action accusing Dole Packaged Foods LLC of falsely labeling its fruit snacks as nutritious and healthy when the products are filled with sugar, saying the challenged statements are "puffery."

  • April 09, 2024

    Navajo, Mine Operator Look To Settle Last Waste Spill Claims

    A New Mexico federal judge has stayed litigation in the Navajo Nation's remaining claims against a Gold King Mine operator stemming from a hazardous waste spill that spurred nearly a decade of litigation after the parties said they reached a settlement in principle.

Expert Analysis

  • California Shows A Viable Way Forward For PFAS Testing

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    The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • Take AG James' Suit Over Enviro Claims As A Warning

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    New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

  • And Now A Word From The Panel: Benefits Of MDL Transfers

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    A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.

  • What New Waste Management Laws Signal For The Future

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    Several states have enacted extended producer responsibility and recycling labeling laws that will take effect in the next few years and force manufacturers to take responsibility for the end of life of their products, so companies should closely follow compliance timelines and push to innovate in the area, say attorneys at Perkins Coie.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

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    The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

  • Securing A Common Understanding Of Language Used At Trial

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    Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Proposed MDL Management Rule Needs Refining

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    Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Rebuttal

    High Court Should Maintain Insurer Neutrality In Bankruptcy

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    While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

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