Product Liability

  • December 04, 2023

    J&J, Ethicon Settle 224 Hernia Mesh Defect Suits In MDL

    Johnson & Johnson and its surgical suture maker subsidiary, Ethicon, have settled claims across 224 cases in a Georgia multidistrict litigation brought by patients who alleged that a hernia mesh manufactured by the companies was defective and injured them.

  • December 01, 2023

    PepsiCo Trims But Can't Nix 'Healthy' Gatorade False Ad Suit

    A California federal judge has agreed to dismiss a portion of the latest version of a proposed class action accusing PepsiCo of misbranding its Gatorade Fit drinks as "healthy," though the judge again gave the consumer plaintiffs the opportunity to file a new version of the complaint.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Up Next At High Court: Purdue Pharma, Taxes & Job Transfers

    The U.S. Supreme Court returns Monday for the last argument session of the calendar year to consider whether bankruptcy courts have the authority to sign off on third-party liability releases in Chapter 11 plans, whether Congress can tax unrealized foreign gains, and which standard should be used to determine the viability of employment discrimination claims.

  • December 01, 2023

    Judge Wants More Info Before Picking Barretts Mineral Venue

    A Texas bankruptcy judge Friday told counsel for Barretts he will need to hear more arguments before he can decide whether the talc miner's Chapter 11 case belongs in a Texas courtroom.

  • December 01, 2023

    Kona Coffee Farmers' Attys Get $3.7M Fees From Settlements

    Lawyers representing a class of Hawaiian coffee farmers will get $3.7 million from a settlement fund with major grocery stores and other retailers who allegedly sold knockoff Kona coffee, a federal judge in Washington ruled, calling the attorney fee request fair.

  • December 01, 2023

    Clinic Owner, Pharma Tech Sentenced For Fake Clinical Trial

    The owner of a Miami medical clinic and a pharmacy technician at the clinic were sentenced in Florida federal court to 71 and 46 months in prison, respectively, for running a fake clinical drug trial.

  • December 01, 2023

    Investors Say Boeing Can't Ditch Retooled 737 Max Fraud Suit

    Investors have told an Illinois federal judge that Boeing cannot escape a revamped securities fraud suit seeking to hold it liable for erasing billions in shareholder value by alleging it repeatedly misrepresented the safety of the 737 Max aircraft even after two deadly crashes.

  • December 01, 2023

    Kidde-Fenwal Creditors Seek To Sue Parent Companies

    Creditors of bankrupt Kidde-Fenwal Inc. are asking for permission in a Delaware court to sue the fire suppression firm's current and former parent companies, saying they should pay billions of dollars to the estate for their roles in perpetuating the widespread use of unhealthy "forever chemicals" in firefighting foam.

  • December 01, 2023

    GM Says No Proof Plaintiff's Engine Guzzles Oil

    General Motors LLC asked an Ohio federal judge to throw out a driver's class action claims alleging the automaker knowingly sold vehicles with engines that consume excess oil and wear out piston rings too soon, arguing there is no evidence her car even has the alleged defect.

  • December 01, 2023

    Purdue's High Court Case Puts Bankruptcy Pragmatism On Trial

    Purdue Pharma's oral arguments before the U.S. Supreme Court on Monday are likely to cover several exalted ideas, including the constitutional limits of America's bankruptcy code and the moral implications of letting billionaires off the hook for their company's role in the opioid epidemic. But some experts say the case threatens a humbler factor at the very heart of bankruptcy practice itself: pragmatism.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

  • December 01, 2023

    Justice O'Connor Shattered Barriers, Built Bridges

    A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

  • December 01, 2023

    Sandra Day O'Connor, First Woman On Supreme Court, Dies

    Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.

  • November 30, 2023

    Pfizer Overhyped Its COVID-19 Vax Efficacy, Texas AG Claims

    Texas Attorney General Ken Paxton filed a consumer protection lawsuit Thursday in Lubbock County accusing Pfizer Inc. of over-touting the efficacy of its COVID-19 vaccine, seeking more than $10 million for violations of the Lone Star State's Deceptive Trade Practices Act.

  • November 30, 2023

    Atty Held In Contempt After Several 'Frivolous' False Ad Suits

    A New York federal judge on Thursday held a Sheehan and Associates attorney in contempt for filing a "meritless" false advertising lawsuit over the amount of potassium in a Starbucks coffee flavor, saying the case was just one in a string of similarly questionable lawsuits the lawyer had filed.

  • November 30, 2023

    SEC Waives $40M Fine For Mallinckrodt In Medicaid Scheme

    The U.S. Securities and Exchange Commission announced Thursday that it has waived a $40 million civil penalty against pharmaceutical company Mallinckrodt for overcharging Medicaid for one of its flagship drugs, saying the agency considered Mallinckrodt's financial condition and settled its claims on the company's commitment to retain a compliance consultant.

  • November 30, 2023

    Ford Loses Bid To Upend Widow's $275K Asbestos Verdict

    Ford won't pay a dime of a $275,000 jury award to a widow who won on claims her husband contracted fatal cancer after years of working on its vehicles, a North Carolina federal judge ruled Thursday, finding the nearly $7 million she's already set to receive from others offsets Ford's debt.

  • November 30, 2023

    Clinics Sue To Block Wash. AG 'Abortion Pill Reversal' Probe

    A pair of anti-abortion centers sued the Washington attorney general in federal court Thursday over "unreasonable" information requests stemming from a probe of their promotion of what they claim is a process to reverse medication abortions, arguing the investigation is based on political "animus" and violates their free speech rights.

  • November 30, 2023

    EPA Proposes Removing All Lead Pipes In Next Decade

    The U.S. Environmental Protection Agency released a proposal Thursday aimed at replacing all lead pipes throughout the country within the next 10 years to protect the public from the significant, and irreversible, health effects tied to exposure to lead in drinking water.

  • November 30, 2023

    Lloyd's, Flooring Co. Agree To End Dispute Over $2.8M Fire

    A group of insurers has agreed to dismiss claims against a flooring company accused of causing a fire at a New Orleans high school resulting in $2.8 million in property damage, the insurers told a Louisiana federal court.

  • November 30, 2023

    11th Circ. Orders New Trial In Pill Mill Row Over Ruan

    The Eleventh Circuit gave a new trial to a Florida doctor accused of participating in a pill mill scheme after finding that the district court's jury instructions failed to properly instruct whether the doctor acted with criminal intent after new mens rea precedent in USA v. Ruan. 

  • November 30, 2023

    NY Tribe Sues To Stop Sewage Pipeline On Wildlife Refuge

    The Tonawanda Seneca Nation is asking a New York federal judge to scrap a U.S. Fish and Wildlife Service permit allowing a wastewater pipeline to cross a national wildlife refuge in its ancestral territory and block its construction, saying the agency's review was inadequate and construction has already led to damaging drilling fluid spills.

  • November 29, 2023

    SC Paper Mill Says Pollution Class Suffers From 'Incoherence'

    A South Carolina paper mill co-owned by New England Patriots owner Robert Kraft says a South Carolina federal court should not certify two classes of "unprecedented scope" in a pollution suit over the alleged release of hydrogen sulfide, arguing that the class members are too individualized to be lumped together for the purposes of litigation.

Expert Analysis

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

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