Product Liability

  • May 27, 2016

    RJR Owes For Woman's Smoking-Related Death, Fla. Jury Told

    The daughter of a police chief's secretary who died of smoking-related lung disease urged a Florida jury Friday to find R.J. Reynolds Tobacco Co. liable for her death, saying the tobacco company hid the dangers of smoking from her until it was too late.

  • May 27, 2016

    DuPont Can't Get 'Last Word' On Cancer Trials, Court Told

    Lawyers leading multidistrict litigation against Teflon maker DuPont over a pollution-related cancer cluster urged an Ohio federal court Thursday not to let the company get the "last word" on who selects dozens of cases slated for 2017 trials, just as they prepare to launch a key bellwether trial on Tuesday.

  • May 27, 2016

    Calif. Utility Wins Some Docs In San Bruno Explosion Case

    A California federal judge on Thursday largely denied Pacific Gas & Electric Co.’s bid for certain documents in the government’s suit over a deadly 2010 San Bruno pipeline explosion, but said the government must hand over ministerial grand jury records.

  • May 27, 2016

    Insurer Says Chemical Co.'s Fatal Explosion Suit Is Duplicative

    Ironshore asked a Texas federal court Friday to dismiss an ammonium nitrate maker's suit accusing it and two other insurers of unfairly refusing to cover defense costs in litigation over a deadly 2013 explosion at a Texas fertilizer plant, saying a previously filed suit involves nearly identical issues.

  • May 27, 2016

    Exxon, Others Beat Time-Barred MTBE Claims At Vt. Top Court

    The Supreme Court of Vermont on Friday refused to revive claims brought by the state’s attorney general against Exxon Mobil Corp. and a host of other gasoline companies over methyl tertiary-butyl ether groundwater contamination in the state, finding them time-barred.

  • May 27, 2016

    FCA Asks For Dismissal Or Transfer Of Jeep Defect Suit

    Claims by a proposed class of Jeep owners that Fiat Chrysler botched a recall fix should be dismissed for lacking even basic allegations, or else moved to a New York federal bankruptcy court since the vehicles at issue were made by now-defunct Chrysler LLC, the automaker said Friday.

  • May 27, 2016

    Investors Slam Halliburton's Bid To Muzzle Accounting Pro

    A class of investors alleging Halliburton misled them over its asbestos liabilities shot back at the oil field services giant’s bid to block expert testimony from an accounting professor, arguing Friday that the statements at issue are in direct rebuttal to those of a Halliburton witness.

  • May 27, 2016

    Scotts Miracle-Gro Seeks Swift Victory In False Ad Suit

    The Scotts Miracle-Gro Co. pushed a New York federal judge Thursday to grant it a quick win in a class action accusing the company of falsely advertising a line of grass seed, saying there is no evidence showing EZ Seed’s consumers were unable to grow plants from the product.

  • May 27, 2016

    Starbucks Wants Underfilled Drink Suits Heard In Wash.

    Starbucks asked a multidistrict judicial panel Thursday to consolidate a handful of class action lawsuits against the company that allege the coffee giant underfills and over-ices its beverages, resulting in customers getting less than they paid for.

  • May 27, 2016

    Water Polo Org Says Concussion Suit Misconstrues Law

    American water polo’s governing body on Friday moved a California federal court to dismiss a putative class action by a mother of an injured player claiming it didn’t do enough to prevent concussions, saying she misunderstands how California law assigns liability for injuries.

  • May 27, 2016

    Asbestos-Exposed Carpenter Awarded $8.7M By Oregon Jury

    An Oregon jury has awarded $8.75 million to a carpenter who developed mesothelioma after being exposed to asbestos in drywall joint cement, attorneys involved in the suit said Friday.

  • May 27, 2016

    Altria Sues FDA Over 'Black & Mild' Cigar Ban

    Altria Group is suing the U.S. Food and Drug Administration over an expansion of anti-tobacco powers, arguing in D.C. federal court that the agency’s approach would improperly ban its popular Black & Mild brand of cigars.

  • May 27, 2016

    Abbott Pushes To Exclude Depakote Testimony On Eve Of Trial

    Abbott Laboratories filed a motion Thursday seeking to exclude expert evidence from a mid-June bellwether trial over Depakote-related birth defects, saying a doctor's opinions that exposure to the anti-convulsant drug caused a child's cognitive problems and behavioral problems are not admissible.

  • May 27, 2016

    FDA Delays Approval Of AstraZeneca Unit's Potassium Drug

    The U.S. Food and Drug Administration has initially rejected a drug to treat high potassium levels made by a newly acquired AstraZeneca unit, citing manufacturing issues, the London-based drugmaker said Friday.

  • May 27, 2016

    Texas Atty Can't Duck Claims In $8M BP Spill Contract Suit

    A Mississippi federal judge on Thursday refused to dump an attorney from an $8 million contract suit brought by a public relations team that alleges it was stiffed on payment for drumming up clients after the Deepwater Horizon disaster, saying there's evidence she partnered with the other lawyers named in the suit.

  • May 27, 2016

    Auto Cos. To Recall 12M More Cars With Takata Air Bag Parts

    Automakers including Fiat Chrysler Automobiles and Honda have agreed to recall about 12 million additional vehicles in the U.S. over possibly defective air bags manufactured by Takata, according to documents released Thursday by the National Highway Traffic and Safety Administration.

  • May 26, 2016

    GOP Reps Chide HHS On Off-Label Marketing, Urge Changes

    High-ranking Republican lawmakers on Thursday accused the U.S. Department of Health and Human Services of hamstringing new guidance on acceptable off-label promotion for prescription drugs and medical devices, and they floated legislation to loosen limits on promotion.

  • May 26, 2016

    Keep Malaysian Airline Crash Cases Separate, Families Urge

    The families of American citizens and residents who died onboard Malaysian Airline 370 want to have their cases heard independently of one another, asking a panel of judges that met in Chicago Thursday to deny the airliner’s request that the suits be consolidated in Illinois.

  • May 26, 2016

    Exxon Urges 5th Circ. To Back $3.3M Injury Coverage Win

    Exxon Mobil Corp. hit back Tuesday at Old Republic Insurance Co. in its latest attempt to get out of covering a $3.3 million personal injury suit, telling the Fifth Circuit that a lower court correctly interpreted an agreement with a contractor and its insurance policy.

  • May 26, 2016

    Another Customer Hits Theranos With Blood Test Rip-Off Suit

    Theranos Inc. was hit with a second proposed consumer class action in two days Thursday when a customer accused the company of defrauding consumers by claiming that its blood tests were accurate, in a suit filed by Hagens Berman Sobol Shapiro LLP in California federal court.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • 4 Employer Lessons From Perez V. Lear Corp.

    Punam Kaji

    The ongoing litigation between the secretary of labor and Lear Corp. has created an interesting playbook for employers dealing with occupational safety and health whistleblower claims, say Punam Kaji, Matthew Deffebach and Abby Kotun at Haynes and Boone LLP.

  • Professional Negligence Under MICRA: A Goldilocks Dilemma

    David W. Moreshead

    Courts have differed in determining whether certain negligence claims against health care providers sound in professional or ordinary negligence, and accordingly, which statute of limitations to apply. Hopefully, the California Supreme Court's decision in Flores v. Presbyterian International Community Hospital has established a test for professional negligence that fits “just right,” says David Moreshead at Horvitz & Levy LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Calif. Asbestos Case Opens Door For Shaky Expert Opinions

    Thomas A. Manakides

    While the California Court of Appeal's holding in Davis v. Honeywell can and should be limited to the specific facts and expert testimony in that case, the decision serves as a warning that courts may not always vigorously enforce their responsibility to screen expert opinions, which could open the door for plaintiffs in asbestos cases to depend on testimony that may not be entirely reliable, say attorneys at Gibson Dunn & Crutcher LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Why Mediations Fail And What To Do About It

    Cecilia H. Morgan

    The standard responses for why mediations fail are “wrong people, wrong time, no joint session,” but in interviews with colleagues and fellow mediators, Cecilia Morgan at JAMS ADR takes a look at other common reasons why mediation are unsuccessful, and the best ways to guide a mediation to a satisfactory conclusion.