Product Liability

  • May 02, 2024

    Endo Judge Hopes Criminal Sentence Warns Opioid Makers

    A Michigan federal judge said Thursday she hoped Endo's criminal sentence for falsely advertising a pain medication as "abuse deterrent" would itself be a deterrent for other opioid makers, as she accepted the company's recent $200 million settlement deal with federal prosecutors. 

  • May 02, 2024

    Chiquita Paid Militants To Save Lives, Ex-Ops Chief Testifies

    Chiquita's former head of Colombia operations testified in Florida federal court Thursday on payments he approved to militant groups in the country during a period of intense warfare in the 1990s, saying his company was left with little choice but to make the payments because workers' "lives were at stake."

  • May 02, 2024

    Camp Lejeune Litigants Ask Court Who Can Represent Family

    Family members of former residents of Camp Lejeune who died, allegedly after being exposed to contaminated drinking water, asked the North Carolina federal court overseeing the litigation on Wednesday to clarify who can qualify to act as a legal representative for out-of-state decedents.

  • May 02, 2024

    Pharma. Co. Wants Ex-Director To Stop Poaching Customers

    A pharmaceutical company has doubled down on its bid to stop a former director from soliciting customers for a rival drugmaker, saying he's trying to twist words in his contract and make up excuses for allegedly stealing trade secrets following his termination.

  • May 02, 2024

    Biden Admin Must Reopen Gun Show Loophole, Texas Says

    Texas and several other Republican-led states sued the Biden administration to reopen the so-called gun show loophole, asking the courts to stop the ATF from enforcing a new rule that makes many more firearm sellers register federally and perform background checks when selling a gun.

  • May 02, 2024

    Kind Keeps Win At 2nd Circ. In MDL Over 'All Natural' Labeling

    The Second Circuit on Thursday affirmed a summary judgment for Kind LLC against a group of buyers who said the company misled consumers by labeling products as "all natural," saying the plaintiffs failed to establish through evidence how a reasonable buyer would understand the term.

  • May 02, 2024

    Biden Announces $3B To Fund Lead Pipe Replacement

    The Biden administration is distributing $3 billion to states so they can replace lead water pipes that pose a health risk to those who rely on them for drinking water, as part of the larger goal to remove all lead service lines nationwide.

  • May 02, 2024

    Calif. Justices To Review Gilead's HIV Drug Negligence Fight

    The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.

  • May 02, 2024

    4th Circ. Revives Workers' Suit Over SC Plant Explosion

    The Fourth Circuit on Thursday revived claims from three workers burned in an explosion at a plastic recycling plant, saying the South Carolina Workers' Compensation Law can't deprive the federal courts of diversity jurisdiction in a case where they would otherwise have it.

  • May 02, 2024

    Plaintiff To Share 'Horrific' Story In First Zantac Cancer Trial

    The first trial in sprawling state and federal litigation over whether a chemical in Zantac heartburn medication and its generic counterparts causes cancer began Thursday in a packed Chicago courtroom, with counsel for an 89-year-old Illinois woman telling jurors her colorectal cancer diagnosis and the suffering it's caused can be attributed to her 20-year use of the drug.

  • May 01, 2024

    Monsanto Gets $185 Million Wash. PCB Verdict Overturned

    A Washington state appeals court sided with Monsanto on Wednesday, undoing a $185 million jury verdict for three teachers who claimed they were sickened by PCBs at a Washington school site and ruling the case could be limited by the Evergreen state's 12-year statute of repose for product liability claims.

  • May 01, 2024

    Senate Revs Up For FAA Funding Fight

    The U.S. Senate on Wednesday inched toward advancing multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, accelerating debate on a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.

  • May 01, 2024

    Senate Dems Reintroduce Bill To Tax And Regulate Cannabis

    Senate Democrats on Wednesday reintroduced a cannabis legalization bill that would remove the drug entirely from the ambit of the Controlled Substances Act and impose a tax-and-regulate scheme akin to what is currently in place for alcohol and tobacco.

  • May 01, 2024

    Ex-Cybersecurity Firm CEO Settles SEC Fraud Claims

    A former executive for a cybersecurity firm has agreed to settle regulators' allegations that he lied to investors about the firm's success in selling a new product and that he fabricated aspects of his background and experience, according to filings in Texas federal court.

  • May 01, 2024

    Mitsubishi's Trial Loss Over Defective Seat Belt Upped To $1B

    A Philadelphia judge has bumped up a $980 million verdict for a Mitsubishi driver left paralyzed following a rollover crash, which was blamed on a defective seat belt, to over $1 billion on Monday, after granting the driver's motion to tack on an additional $33 million in delay damages.

  • May 01, 2024

    Carnival Fails To Ditch 'Far From Perfect' Hot-Soup Suit

    Carnival Cruise Lines can't escape a lawsuit seeking to hold it liable for second- and third-degree burns that a passenger suffered when hot soup spilled on her legs, a Florida federal judge has ruled, saying the complaint — "while not perfect" — gets the job done and can survive at this stage of litigation.

  • May 01, 2024

    Activision, Microsoft Accused Of Addicting Georgia Gamer, 16

    The mother of a Georgia teen has accused major gaming companies, including Activision Blizzard Inc. and Microsoft Corp., of deliberately engineering addictive experiences intended to get users to play longer and spend more on in-game purchases.

  • May 01, 2024

    Microsoft Details How It Addresses AI Risks In New Report

    Microsoft Corp., the leading investor in ChatGPT creator OpenAI, detailed Wednesday in its first-ever artificial intelligence transparency report how the tech giant is working to keep its ballooning stable of AI tools from causing harm in the U.S. and abroad.

  • May 01, 2024

    Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row

    The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.

  • May 01, 2024

    Textron Aviation Must Face Questions In Conn. Death Suits

    A Connecticut state court judge says a Kansas-based aircraft manufacturer must answer a series of questions about its connections to the Constitution State after being sued over a 2021 plane crash, disagreeing with most of Textron Aviation Inc.'s personal jurisdiction arguments that it need not face additional interrogatories.

  • May 01, 2024

    Attys Say $5M Fee In Acella Settlement A Modest Proposal

    Plaintiffs' attorneys who recently reached a $46.5 million class action settlement with Acella Pharmaceuticals LLC over faulty thyroid medication asked a Georgia federal judge Tuesday to sign off on their $5 million cut of the deal as a "presumptively reasonable" proposal.

  • May 01, 2024

    Vape Wholesaler Can't Escape Suit Over Exploding Battery

    A Washington federal judge has refused to let e-cigarette wholesaler Vapor Beast LLC out of a suit by a man alleging he was injured by an exploding lithium-ion battery, saying there isn't enough evidence for the court to determine whether his claims were filed on time.

  • May 01, 2024

    J&J Proposes $6.5B Deal To End Ovarian Cancer Claims

    Johnson & Johnson said Wednesday it is proposing a prepackaged reorganization plan for its talc unit that will pay out $6.5 billion to resolve claims that its talc-based baby powder caused ovarian cancer, if a supermajority of claimants agree to the plan.

  • April 30, 2024

    Chiquita Capitalized On Colombian War, Victims' Families Say

    Attorneys representing the families of 10 men killed during Colombia's civil war told a Florida federal jury Tuesday that the Chiquita banana company is liable for their deaths, saying it knowingly funded a right-wing narcoterrorist group that committed atrocities against its workers as the fruit corporation expanded its business.

  • April 30, 2024

    'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules

    Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.

Expert Analysis

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

    Author Photo

    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Gilead Ruling Signals That Innovating Can Lead To Liability

    Author Photo

    A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.

  • Understanding And Working With The Millennials On Your Jury

    Author Photo

    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

    Author Photo

    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

    Author Photo

    A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.

  • Legal Issues Loom For Driverless Trucking

    Author Photo

    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

    Author Photo

    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

    Author Photo

    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

    Author Photo

    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

    Author Photo

    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

    Author Photo

    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

    Author Photo

    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

    Author Photo

    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

    Author Photo

    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • Staying Ahead Of The AI Policymaking Curve

    Author Photo

    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.
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!