Product Liability

  • November 30, 2015

    Homeowners Say Expert Report Too Late In Drywall MDL

    Homeowners in multidistrict litigation over allegedly defective drywall have shot back at China National Building Materials Group Corp.'s latest efforts to dismiss the claims against it, arguing that the Chinese company has tried to bring in new evidence too late. 

  • November 30, 2015

    Amazon Says Fine Print Still Mandates Arbitration

    Retail behemoth Amazon insisted Monday that arbitration is the only recourse for a customer who bought a dangerous supplement through the site, telling a panel of Second Circuit judges that the customer clicked to signify his assent to the fine print — and that it didn't matter how allegedly fine or ill-placed it was.

  • November 30, 2015

    E-Cig Group Wants More Products Spared From FDA Rules

    An industry group representing manufacturers of e-cigarettes sought Monday to limit the impact of the U.S. Food and Drug Administration's so-called deeming regulations requiring stricter warnings on novel smoking products to newly introduced products.

  • November 30, 2015

    Arkema Unit Slapped With $55M Defective Tile Mortar Suit

    A homeowner has hit Arkema subsidiary Bostik with a proposed class action in California federal court, alleging the adhesive company owes California homeowners at least $55 million for marketing a certain type of mortar as being able to prevent cracks in tile floors when the product was no different from an older, non-crack-preventing formula.

  • November 30, 2015

    GE Microwave Buyers Can Tweak Shatter-Prone Glass Claims

    A Connecticut federal judge allowed consumers suing General Electric over microwaves with glass doors that allegedly can shatter to tinker with some of their warranty and unjust enrichment claims in their proposed class action on Monday, while tossing a separate warranty claim and letting two others stand.

  • November 30, 2015

    Nordstrom, Jeans Co. To Pay $4M To End 'Made In USA' Row

    Nordstrom Inc. and a luxury denim manufacturer are paying more than $4 million to settle a proposed consumer class action accusing them of falsely marketing jeans as "made in the USA," according to a Monday filing in California federal court.

  • November 30, 2015

    Confidentiality OK'd In Railroad Hazardous Shipment Row

    The Surface Transportation Board on Friday approved a protective order in fertilizer distributor Agrium Inc.'s dispute over Canadian Pacific Railway Co.'s hazardous shipments tariff, requiring the two sides to mark information shared during discovery as confidential.

  • November 30, 2015

    'Fast & Furious' Actor's Estate Sues Porsche Over Fatality

    Porsche Cars North America Inc. on Wednesday was hit with the latest suit over the crash that killed “Fast and the Furious” star Paul Walker, with the late actor’s estate telling a California state court that the car was unsafe.

  • November 30, 2015

    Anadarko Must Pay $159M For 2010 Deepwater Spill

    A Louisiana federal judge ordered Anadarko Petroleum Corp. to pay $159.5 million for Clean Water Act violations stemming from the massive 2010 Deepwater Horizon oil spill, saying the penalty was relatively small because the company was a minority owner of the well and didn't cause the spill.

  • November 30, 2015

    NHL Wants Concussion Doc Demands Applied In Canada

    The National Hockey League last week asked the Minnesota federal court overseeing concussion litigation brought by former players to push a Canadian court to force a group of doctors and medical scholars who advised the players union to hand over related documents and communications sought by the league.

  • November 30, 2015

    NJ High Court Won't Hear Casino Injury Row

    The New Jersey Supreme Court has declined to consider whether a crane technician hired to work at the now-defunct Revel Hotel Casino’s construction site was liable for injuries sustained by a worker during the machine’s disassembly after the technician had left the site.

  • November 30, 2015

    Fla. Pharmacy Recalls Vitamins For 'Severe' Vitamin D Risks

    Florida-based pharmacy Glades Drugs Inc. has recalled compounded multivitamin capsules that the U.S. Food and Drug Administration says contain excessive vitamin D, which the agency said could lead to "severe" health problems in the long term, including heart problems and seizures.

  • November 30, 2015

    Judge Calls Atty Fees Too High In Faulty Nissan Brakes Deal

    A California federal judge on Monday refused to approve a settlement between Nissan and a proposed class claiming the braking system in certain vehicles is prone to sudden failure along with $3.4 million in proposed attorneys fees, calling the fees “grossly disproportionate” to the proposed settlement amount.

  • November 30, 2015

    North Carolina Decries EPA Coal-Ash Cleanup Delays

    North Carolina environmental officials slammed the U.S. Environmental Protection Agency on Monday for further delaying coal-ash cleanup efforts after three Duke Energy Corp. subsidiaries pled guilty in May to causing a 2014 spill in the state’s Dan River.

  • November 30, 2015

    Philip Morris Wants 'Jargon' On Verdict Form, Judge Told

    A deceased smoker's daughter heading into a wrongful death compensatory damages trial against Philip Morris USA Inc. has urged a California federal judge to block the tobacco giant's inclusion of purportedly confusing "legal jargon" in a proposed jury verdict form, calling it unnecessary.

  • November 30, 2015

    10th Circ. Affirms Insurers' Win In Asbestos Coverage Row

    The Tenth Circuit on Friday upheld a lower court's decisions freeing a trio of excess insurers from covering oil-drilling products manufacturer Montello Inc. against hundreds of asbestos injury and wrongful death claims.

  • November 30, 2015

    Coke Says Consumers' False Labeling Claims Fall Flat

    Coca-Cola Co. has urged a California federal court to toss a class action over allegedly false claims that Coke has no artificial ingredients, saying the plaintiffs didn’t rely on the list of ingredients to buy the soda.

  • November 30, 2015

    Convicted Contractor Can't Stay Philly Collapse Deposition

    A Pennsylvania state court judge ruled Monday that the contractor found guilty of involuntary manslaughter in the 2013 Philadelphia building collapse that killed six must appear for a deposition in January, rejecting his request for a continued stay in the civil litigation.

  • November 30, 2015

    2nd Circ. Upholds Ski Resort Victory In Injury Lawsuit

    The Second Circuit on Monday upheld a Vermont district court's decision in a case brought by an injured skier who claimed the resort was negligent, agreeing that there is not sufficient evidence to support the argument that the resort should be held responsible.

  • November 30, 2015

    Montel-Endorsed Apparel Co. Scammed Consumers, FTC Says

    The Federal Trade Commission has accused an apparel company endorsed by talk show host Montel Williams in New York federal court of deceiving consumers into thinking the company's copper-infused compression clothing can alleviate pain.

Expert Analysis

  • A New Paradigm For Prescription Drug Labeling?


    The drug industry is anxiously awaiting new regulations from the U.S. Food and Drug Administration that could dramatically alter drug labeling in the U.S. and level the playing field for both generic and brand-name drug companies — but there is a sharp disagreement within the industry on what the FDA should do, say attorneys at Duane Morris LLP.

  • How Trial Counsel Can Take Advantage Of New Federal Rules

    Mark E. Tully

    Will the amendments to the Federal Rules of Civil Procedure actually help streamline cases, reduce discovery costs and improve case management? That is certainly the hope, although the key will be how well judges and counsel take advantage of early case assessment and management techniques, say Mark Tully and Michelle Briggs of Goodwin Procter LLP.

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • Testing The Limits On State Regulation Of Crude Oil By Rail

    Raymond Atkins

    There is growing tension between steps taken by state and local officials to protect their constituents from perceived risks associated with the transportation of crude oil by rail and the pervasive and comprehensive federal authority over the railroad industry, says Raymond Atkins, leader of Sidley Austin LLP's transportation practice group and former general counsel of the Surface Transportation Board.

  • FDA Takes A Step Forward On 'Natural' Food Labeling


    After years of uncertainty, controversy and litigation surrounding the use of “natural” on food labels, the U.S. Food and Drug Administration has begun accepting public comments on the issue — and industry reactions are already pouring in, say Sarah Brew and Courtney Lawrence at Faegre Baker Daniels LLP.

  • 2 FSMA Final Rules Give Industry Food For Thought

    Brent L. Reichert

    After four and a half years, the U.S. Food and Drug Administration recently finalized the first two of seven major rules required under the Food Safety Modernization Act, and the industry has already begun weighing in, says Brent Reichert at Robins Kaplan LLP.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Grains, Heaps And Risk Factors In Pa. Asbestos Litigation


    Creating a rule in asbestos litigation whereby plaintiffs win with a heap of evidence, but lose with just grains of evidence, ends with competing arguments about heaps and grains that cannot be rationally resolved. Bringing risk factor epidemiology into the mix further confuses the matter, as demonstrated in the recent Pennsylvania district court decision in Mortimer v. A.O. Smith Corp., says David Oliver at Vorys Sater Seymour and Pease LLP.

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • Naval Vessel Is Not The Sum Of Its Asbestos-Containing Parts

    Paul L. Knobbe

    While the Washington federal court's recent ruling in Hassebrock v. Air & Liquid Systems Corp. relates specifically to product liability claims against shipbuilders, the arguments and analysis may be persuasive in cases where manufacturers or distributors of products that may include some asbestos-containing component parts have been sued under product liability theories, says Paul Knobbe of Goldberg Segalla LLP.