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Product Liability
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October 01, 2024
Judge Stays Calif. Locomotive Emissions Rule Challenge
A California federal judge halted litigation brought by rail industry groups challenging a regulation requiring railroads to transition to zero-emission locomotives in the Golden State over the next decade, finding the U.S. Environmental Protection Agency's upcoming authorization decision will greatly impact the case.
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October 01, 2024
Water Firm Can't End Flint Children's Negligence Claims
The federal judge presiding over Flint, Michigan, water crisis litigation again ruled on Tuesday that an engineering firm won't be able to avoid professional negligence claims related to its consulting work with the city, issuing the 70-page opinion days before jury selection for a bellwether trial begins.
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October 01, 2024
Georgia-Pacific Tells 6th Circ. Rivals Liable In CERCLA Row
Georgia-Pacific Consumer Products LP on Tuesday asked the Sixth Circuit to affirm a Michigan federal judge's ruling that International Paper Co. and Weyerhaeuser Co. can be sued for future cleanup costs of a Michigan Superfund site.
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October 01, 2024
Tesla Dodges Investor Suit Over Self-Driving Tech Claims
A California federal judge has released Tesla Inc. from litigation accusing it of deceiving investors about the capabilities and safety record of its self-driving technology, granting it at least a temporary reprieve from the class action litigation because suing shareholders hadn't shown that CEO Elon Musk knew his statements about the technology were false.
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October 01, 2024
Ford Must Face Trimmed Suit Over Alleged Truck Roof Defects
A Michigan federal judge trimmed a proposed class action alleging Ford Motor Co. knowingly sold defective trucks with weak roofs that collapse in a rollover, tossing certain claims brought on behalf of unrepresented states, but rejecting other defense arguments — including Ford's statute-of-limitations defense — for being premature.
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October 01, 2024
Apple Users Win Partial Cert. In Storage False Ad Suit
A California federal judge granted class certification Monday in a suit accusing Apple Inc. of falsely advertising the storage capacity of older mobile devices, but only for a subclass of certain individuals who purchased 16-gigabyte devices preinstalled with Apple's iOS 8 operating system in the Golden State.
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October 01, 2024
Ga. Industrial Fire Ignites Slew Of Suits From Residents
As a chlorine plant about 20 miles outside of Atlanta continues to belch chemical fumes into the skies in the aftermath of an industrial fire, the company that owns the facility was hit with proposed class actions Monday from residents who say the disaster is already causing dangerous health problems.
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October 01, 2024
Boeing Can't Escape Investors' 737 Max Fraud Suit
An Illinois federal judge trimmed but refused to toss a proposed securities class action against Boeing over claims that it harmed investors by misrepresenting the 737 Max's safety, pushing back against defendants who wanted him to reach the same conclusion as the suit's previously assigned judge.
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October 01, 2024
NC Man Defends $1.6M Verdict Over Vape Battery Explosion
A North Carolina man is asking a state appeals court to affirm his $1.6 million verdict in a suit against a distributor over injuries he suffered when a lithium-ion battery for his vape exploded in his pocket, saying there was plenty of evidence for the jury to conclude the distributor sold the battery in question.
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October 01, 2024
TikTok Petitions 3rd Circ. To Review Section 230 Ruling
TikTok asked for another crack in the Third Circuit on Tuesday, requesting an en banc rehearing of the appeals court's decision holding that its "For You Page" algorithm doesn't enjoy Section 230 immunity and reviving a suit accusing the app of recommending a "blackout challenge" that led to a 10-year-old's death.
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October 01, 2024
Enviro Group Sues Over PFAS In Carefree Menstrual Liners
Makers of the Carefree brand of menstrual liners, Edgewell Personal Care Co., on Monday were sued by an environmental group in California state court over allegations that the personal care products contain a type of so-called forever chemicals.
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October 01, 2024
Monsanto Can't Avoid Vt. Schools' Nuisance Claims Over PCBs
A Vermont federal judge has refused to dismiss nuisance and trespass claims by public school districts asserting their buildings were contaminated with a toxic chemical made by Monsanto Co., finding they plausibly alleged Monsanto knew the products would make their way onto the properties yet chose not to warn the districts.
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October 01, 2024
EBay Beats Gov't Claims Over Sale Of Polluting Products
A New York federal judge Monday tossed a government lawsuit accusing eBay Inc. of hawking illegal automotive, paint removal and pesticide products, holding that the e-commerce giant does not meet the definition of a "seller" and has Section 230 immunity as a publisher of third-party content.
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October 01, 2024
Video Game Cos. Want Gaming Addiction Suit Tossed
Microsoft Corp., Roblox Corp. and Sony Interactive Entertainment LLC moved Monday to dismiss a lawsuit filed against them by a mother who alleges they and other video game creators caused her teenager's mental disorders by deliberately engineering addictive experiences.
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October 01, 2024
Arkansas AG Says YouTube Addicts And Harms Youth Users
The Arkansas attorney general has sued YouTube LLC, Google LLC and their parent company in state court, alleging that the YouTube platform is deliberately designed to addict youth users and shows them harmful content, leading to a mental health crisis that has cost the state hundreds of millions of dollars.
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October 01, 2024
Insurer Says Polaris Gave Late Notice Of Death, Burn Suits
An excess insurer for a manufacturer of off-road vehicles said it should recover the $10 million it spent to help settle two lawsuits against the manufacturer over a fatal vehicle fire, telling a Minnesota federal court it was "severely prejudiced" by the manufacturer's claim notice delay.
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October 01, 2024
Delta Wants Suit Over IT Outage Response Thrown Out
Delta Air Lines is asking a Georgia federal judge to toss a proposed class action brought by customers who claim its botched response to a massive IT outage left them stranded and on the hook for numerous expenses, arguing their claims are barred by a federal deregulation law and its ticket terms.
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October 01, 2024
FanDuel Sued For $250M By Convicted Ex-Jaguars Employee
A former employee of the NFL's Jacksonville Jaguars who's in federal prison for embezzling millions to spend on online gambling sued FanDuel for $250 million in New York federal court Tuesday, accusing the betting platform of preying on his addiction to encourage him to continue.
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September 30, 2024
AI Safety Bill Veto Shows Calif. Taking Regulatory 'Baby Steps'
The California governor's rejection of sweeping legislation to ensure the safe deployment of large-scale artificial intelligence models — and his simultaneous embrace of more targeted proposals to regulate the technology — is likely to result in the wider creation of regimes that favor "baby steps" over broad strokes, experts say.
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September 30, 2024
Consumer 'Overslept' On Some Drowsy Cough Syrup Claims
An Illinois federal judge said Monday a consumer can continue her suit alleging Tussin cough syrup's "non-drowsy" label is deceptive because the syrup made her sleepy, but ruled she waited too long to pursue warranty breach claims.
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September 30, 2024
GM's Cruise To Pay $1.5M Penalty Over SF Robotaxi Crash
General Motors Co.'s Cruise LLC agreed to pay a $1.5 million civil penalty for failing to promptly disclose that one of its self-driving vehicles last year had dragged a pedestrian for 20 feet, the U.S. Department of Transportation's National Highway Traffic Safety Administration announced on Monday.
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September 30, 2024
Big Banks Get Brazilian Pollution Suit Booted From NY
A New York federal judge on Monday dismissed an effort by a Brazilian city and residents to hold several big banks liable for allegedly financing environmentally ruinous mining operations in their region, ruling the matter would be more appropriately heard in Brazil.
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September 30, 2024
Apache Tribe Urges Supreme Court To Take Up Mining Case
The San Carlos Apache Tribe is asking the U.S. Supreme Court to review a ruling by Arizona's high court that sides with a state agency decision letting a copper mining company discharge treated wastewater from potential future operations into a local waterway.
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September 30, 2024
DOE Plutonium Pit Plan Found To Violate Environmental Law
A South Carolina federal judge on Monday backed antinuclear groups' challenge to a U.S. Department of Energy plan to boost production of plutonium cores used in nuclear weapons, saying the DOE hadn't properly considered the potential environmental impact of the plan.
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September 30, 2024
Marathon Unit Wants 8th Circ. To Nix Appeal In Pipeline Fight
A Marathon Petroleum Corp. subsidiary is asking the Eighth Circuit to dismiss an appeal by tribal landowners trying to intervene in its lawsuit challenging the Interior Department's reversal of prior decisions related to a pipeline crossing part of the Fort Berthold Indian Reservation in North Dakota.
Expert Analysis
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG
A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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5 Credibility Lessons Trial Attys Can Learn From Harris' Run
In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.
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Mich. Whistleblower Ruling Expands Retaliation Remedies
The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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Opinion
Big Oil Climate Ruling Sets Dangerous Liability Precedent
The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.
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Opinion
3rd. Circ. Got It Right On Cancer Warning Claims Preemption
The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.