The Los Angeles City Council passed an ordinance placing restrictions on the sales of electronic cigarettes on Wednesday, claiming the devices may pose a health hazard.
A Texas federal court on Thursday refused to send a putative class action alleging Samsung didn’t make customers whole on faulty Galaxy S phones into arbitration, finding that clauses in the customers’ wireless carrier contracts did not include the phones’ maker.
A Florida federal judge on Thursday tossed a married couples’ putative class action against Volkswagen Group of America Inc. alleging locks on their Jetta sedan were defective, ruling they were time-barred from bringing express warranty and deceptive practices claims.
A metal processing plant on Thursday argued that if the Texas Supreme Court affirms a jury’s damages award stemming from environmental contamination since cleaned up to meet regulatory standards, it will introduce industry confusion and create open-ended potential liability.
The U.S. Food and Administration is widening its criticism of pharmaceutical companies that haven't completed mandatory post-approval studies of their products' safety and effectiveness in children, although Pfizer Inc. and others being targeted are describing good-faith efforts to comply.
Lululemon asked a New York federal judge on Wednesday to toss a consolidated shareholder complaint accusing the retailer of inflating its stock after consumers discovered its yoga pants were see-through, arguing that investors failed to prove that the company made misleading statements.
As trial lawyers line up to target the Metro-North railroad with multimillion-dollar claims over a deadly New York City train crash, attorneys saw the potential for liability to stretch beyond the railroad's corporate parent — possibly to the makers of the train itself — depending upon how an investigation shakes out.
A Pennsylvania federal judge on Monday dismissed a man's lawsuit against Bristol-Myers Squibb Co. over a movement disorder he developed after taking the drug Abilify, saying that drugmakers are not required to provide detailed instructions to physicians about monitoring for adverse reactions.
An Indiana appeals court on Thursday freed ACE American Insurance Co. from chipping in $3 million toward the settlement of a class action that property owners brought over ethanol emissions from a Seagram distillery, but allowed the plaintiffs' bad faith claim against the insurer to proceed anyway.
Liberty Mutual Insurance Co. filed a lawsuit Monday on behalf of Turner Construction Co. against a plumbing company that the insurer blames for water damage at a New Jersey medical office building that led to costly repairs and will likely cause substantial business interruption losses.
Louisiana's state levee board association on Wednesday overwhelmingly opposed a lawsuit seeking billions of dollars from nearly 100 energy companies to cover coastal damage linked to oil and gas drilling activities, urging a regional flooding authority to drop the legal action.
Ford Motor Co. and two other companies notched a win on Tuesday as the Pennsylvania Supreme Court said it would not hear an appeal of an April ruling that found plaintiffs in a hotly contested asbestos-related product liability suit had been improperly granted a mistrial.
A Texas appeals court said Thursday that an industrial engineering firm must face a general contractor's suit over allegedly flawed designs for a hazardous waste facility expansion, saying trial courts have broad discretion to extend the deadline for filing a required expert affidavit in such cases.
Lumber Liquidators Inc. was hit with a proposed class action Tuesday accusing the retailer of selling unsuspecting consumers formaldehyde-laden Chinese flooring, with some of it sourced from endangered habitats, in violation of the Racketeer Influenced and Corrupt Organizations Act and other U.S. laws.
Consumers who allege Mattel Inc. designed a baby seat with poor ventilation that is prone to unhealthy mold growth asked a California federal judge Wednesday to certify a class in the lawsuit.
Richmond, Calif.'s city council voted Tuesday to expand the city’s anti-smoking laws to include electronic cigarettes, saying that allowing people to use the devices in smoke-free locations, including public spaces and workplaces, would undermine compliance with regulations on traditional cigarettes.
The product liability firm Bowman and Brooke LLP has opened an office in San Diego with two former Morris Polich & Purdy LLP attorneys who specialize in drug and medical device injury lawsuits.
The U.S. Food and Drug Administration said Wednesday it has reached a $1.25 million settlement with Advanced Sterilization Products and two of its executives over allegations that the company knowingly distributed products with inaccurately printed expiration dates to customers.
The U.S. Department of Agriculture unveiled a new initiative on Wednesday aimed at combating deadly salmonella contamination linked to more than a million illnesses in the U.S. every year, starting with an overhaul of the nation’s poultry slaughter inspection system.
Five former Kansas City Chiefs players claimed in a lawsuit Tuesday that the team had failed to warn them about the health risks posed by concussions — the first time NFL retirees have targeted a team, rather than the league, over head injuries.
The U.S. Food and Drug Administration has not yet indicated whether products with genetically modified organisms can be labeled as “all natural,” nor has it indicated when such a label would be false or misleading. This lack of action has led some courts to stay proceedings in anticipation of a clear determination — the main question for courts in 2014 will be whether to stay future cases in hope of obtaining FDA guidance, says Josh Becker at Alston & Bird LLP.
In Rowland v. Novartis Pharmaceuticals Corp., three Pennsylvania plaintiffs — merely because they were rousted to multidistrict litigation — received the advantage of the different choice-of-law rules for states to which they had no connection, rather than being bound by the choice-of-law rules of their actual domiciliary state. Where, as in Rowland, the plaintiff is a pure litigation tourist, this is an absurd result, says James Beck of Reed Smith LLP.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonne McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
The Federal Trade Commission’s recent actions against nine companies making allegedly deceptive environmental marketing claims send a strong message to companies about the agency's enforcement priorities and their own need to possess adequate substantiation for claims about the environmental benefits of products, says David Mallen at Loeb & Loeb LLP.
Simply put, older cases interpreting the former version of section 1441 of the U.S. Code are no longer good law. A defendant confronted with a general maritime law tort claim should give serious consideration to removing the claim to federal court under the “original jurisdiction” clause of section 1441(a), says Brian Schneider of Moran Reeves & Conn PC.
Although only a trial court-level opinion, Gambrell v. Hess Corp. now offers litigants in New Jersey state court unambiguous direction on whether offers of judgment have any place in class action proceedings, say Paul Halasz and Matthew Stuart Miller of Day Pitney LLP.
The Wisconsin Court of Appeals in Cleaver Brooks v. AIU Insurance Co., reinforces the notion that plastics engineering is not simply a case that makes insurers liable for more than their pro rata share. It also allows policyholders the right to access policies in a manner that maximizes their overall coverage, say Jeffrey Davis and Keith Bruett of Quarles & Brady LLP.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.