Product Liability

  • October 21, 2016

    RJ Reynolds Caused Man's Cancer Death, Widow Tells Jurors

    The widow of a smoker who died of lung cancer urged a Florida jury Friday to find R.J. Reynolds Tobacco Co. liable for his death, saying it conspired with other tobacco companies to hide the dangers of cigarettes until it was too late.

  • October 21, 2016

    Sailor Seeks $5M From RJ Reynolds Over Wife's Death

    A sailor whose wife who died of lung disease after decades of smoking cigarettes urged a Florida jury on Friday to award him $5.3 million plus punitive damages against R.J. Reynolds Tobacco Co., saying the company lied about smoking's dangers, causing his wife's addiction and ultimately her death.

  • October 21, 2016

    Fla. Farm's Contaminated Crop Negligence Suit Kept Alive

    A Florida federal judge on Friday decided to allow a farm’s negligence claim against the supplier of a soil fumigant it contends provided defective application tanks that led to excessive weed growth, denying the supplier’s argument that the claim was barred.

  • October 21, 2016

    Arab Bank Can Face Terror Financing Suit, Justices Told

    Relatives of victims of terrorist attacks have asked the U.S. Supreme Court to decide whether Arab Bank PLC is immune from lawsuits under the Alien Tort Statute alleging it provided bank accounts for terror groups, arguing the Second Circuit split from several others when deciding it was.

  • October 21, 2016

    Self-Driving Car Makers Air Concerns Over Draft Calif. Rules

    Autonomous vehicle pioneers including Google, Ford and Uber told the California Department of Motor Vehicles this week that its proposed regulations for driverless cars are “overly restrictive” and potentially burdensome for manufacturers.

  • October 21, 2016

    BHP Billiton Workers Accused Of Homicide In Brazil Disaster

    Federal prosecutors in Brazil on Thursday announced that 21 people, including employees of Samarco Mineração SA and its owners BHP Billiton and Vale SA, were charged with homicide in connection with the 2015 dam collapse that killed 19 people and devastated the countryside.

  • October 21, 2016

    Woman Wants Tribal Court Trial In Fall Case

    A woman who said she fell in a convenience store owned by the Sault Ste. Marie Tribe of Chippewa Indians asked a Michigan federal court to hear her case that she was denied due process when a tribal court declined to hear her personal injury case on its merits.

  • October 21, 2016

    Crane Co. Slapped With $8.5M Tip-Over Injury Verdict

    A Mississippi federal jury on Thursday hit crane manufacturer Manitowoc Cranes LLC with an $8.5 million verdict after siding with the wife of a crane operator who was severely injured in a 2014 tip-over accident, though that award will be reduced as Manitowoc wasn’t found completely at fault.

  • October 21, 2016

    Vitamin Buyers Seek Class Cert. In 'Made In USA' Suit

    Consumers alleging vitamin maker NBTY Inc. misleadingly touted its products as containing wholly domestically sourced ingredients asked a Florida federal judge to certify their proposed class on Thursday, saying the vitamin maker deceived thousands of customers in multiple states with its made-in-America label.

  • October 21, 2016

    11th US Death Linked To Takata Air Bags

    Federal regulators have confirmed that an 11th person has died in a car crash linked to a rupture of a recalled Takata air bag inflator, the National Highway Traffic Safety Administration said on Thursday.

  • October 21, 2016

    Kraft Wants 'Natural' Cheese Suit Paused Pending FDA Regs

    Kraft Foods on Thursday urged a Puerto Rico federal judge to pause a shopper’s proposed class action alleging its “natural” shredded cheese labels are deceptive, saying resources will be conserved if the court waits for guidance from the U.S. Food and Drug Administration.

  • October 20, 2016

    Condo Builder Gets Another Chance In Defect Coverage Suit

    A Florida federal judge on Thursday conditionally agreed to reconsider his ruling that a general contractor's insurance policy barred coverage for a lawsuit over damage to a condo tower because the damage was to the contractor's own work, asking for more briefing.

  • October 20, 2016

    J&J Talcum Powder Users Dying Of Ovarian Cancer, Atty Says

    An attorney representing some of the 317 litigants suing Johnson & Johnson in California state court over alleged ovarian cancer risks associated with talcum powder urged the overseeing judge on Thursday to expedite depositions of his clients, telling the court that two had already died of the disease.

  • October 20, 2016

    High Court Denies Consumers Cert. In P&G Fixodent MDL

    The U.S. Supreme Court has declined to hear a case against Procter & Gamble Co. and Wal-Mart Stores Inc. brought by consumers claiming that zinc in Fixodent denture glue can cause neurological damage.

  • October 20, 2016

    Union Pacific Not Liable For Bridge Accident: Ill. Justices

    The Illinois Supreme Court on Thursday ruled that Union Pacific Railroad Co. is not liable for a demolition accident that caused a partial leg amputation of a man during the removal of an abandoned railroad bridge in Chicago in 2006.

  • October 20, 2016

    8th Circ. Won't Rethink Negligence Verdict Against BNSF

    BNSF Railway Co. still must pay $3.7 million to the families of two employees who died in a highway accident in a company-contracted shuttle, after the Eighth Circuit on Wednesday refused to reconsider its recent decision affirming the federal jury’s negligence verdict against the railroad.

  • October 20, 2016

    Father Seeks To Revive BMW Wrongful Death Suit At 8th Circ.

    A father alleging that his son died because of a defective car jack urged the Eighth Circuit on Wednesday to revive his litigation against BMW, contending that a South Dakota federal judge should have let a jury decide whether the jack was misused and whether that use was foreseeable.

  • October 20, 2016

    Hyundai Sonatas Recalled Over Detaching Sunroof Panels

    Hyundai Motor America will recall more than 62,000 Sonata sedans over fears that their sunroof panels could detach while the car is in motion and create a hazard for other drivers, the National Highway Traffic Safety Administration announced on Thursday. 

  • October 20, 2016

    Philly Building Owner Reprises Outburst In Collapse Trial

    For the second day in a row, Richard Basciano — owner of the Center City Philadelphia building that collapsed in 2013, leading to seven deaths and 12 injuries — erupted on the witness stand Thursday, breaking down in tears after denying accusations about his conduct in the moments following the tragedy.

  • October 20, 2016

    EPA Should Have Warned Flint Earlier, Watchdog Says

    The U.S. Environmental Protection Agency’s internal watchdog said Thursday the agency had the authority and information to issue an emergency order to protect the public during Flint, Michigan’s lead contamination crisis roughly six months before it actually did.

Expert Analysis

  • Court Shows No Love for Aphrodisiac Class Certification

    Stephen McConnell

    The U.S. District Court for the Southern District of California recently blocked plaintiffs' efforts in Sandoval v. Pharmacare to certify a nationwide class of disappointed users of an herbal supplement. Lack of standing is the key issue in this case, says Stephen McConnell of Reed Smith LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • The Evolving Deposition

    Reuben A. Guttman

    In an age of email and video recording of unedited, real-time events, the significance of depositions may be, to some degree, becoming moot, say attorneys with Guttman Buschner & Brooks PLLC and Quinn Emanuel Urquhart & Sullivan LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Prosecuted For Truthful Off-Label Promotion: Part 2

    Eric Alexander

    According to the government's recent argument in U.S. v. Facteau, a completely accurate and enlightening statement about the risks, benefits and off-label nature of a particular use for a medical device proposed by a physician can be evidence of the device maker's intent to market it for a use different than what the U.S. Food and Drug Administration cleared, says Eric L. Alexander of Reed Smith LLP.

  • Are Your Witnesses Watered Down?


    Look at any deposition of any witness and within a few moments you will see them reach for the water glass, bottle, carafe or pitcher and quaff with seemingly unquenchable thirst. What could possibly be wrong with that? As a trial consultant for over three decades, I am going to tell you, says Dr. Ross Laguzza of R&D Strategic Solutions LLC.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Prosecuted For Truthful Off-Label Promotion: Part 1

    Eric Alexander

    The interplay between off-label use of drugs and medical devices, manufacturer statements about such off-label use, the First Amendment, and U.S. Food and Drug Administration enforcement creates a complex legal landscape. Eric Alexander of Reed Smith LLP examines two criminal prosecutions involving off-label promotion allegations, each of which has now been tried to a jury verdict.

  • Revisiting The Post-Sale Duty To Warn

    Rosario Vignali

    A New York federal judge's recent ruling in the General Motors ignition switch multidistrict litigation is a reminder that a manufacturer’s responsibility does not necessarily end once the product leaves its possession, says Rosario Vignali of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)