Product Liability

  • August 20, 2014

    Russia Shuts Down 4 McDonald's Restaurants

    Russia has suspended operations at four McDonald's Corp. restaurants in Moscow, citing "numerous sanitary violations," amid the country's ongoing sanctions battles with the U.S. and the European Union.

  • August 20, 2014

    Class Cert. Denied In NJ Train Derailment Case

    A New Jersey federal judge on Wednesday denied class certification to residents and businesses suing Consolidated Rail Corp. for lost income over the fallout of a 2012 derailment and chemical spill in New Jersey, finding insufficient evidence that the proposed class members would be numerous enough.

  • August 20, 2014

    GM Should Face Wrongful-Conviction Claims, Trustee Says

    Trustee Wilmington Trust Co. and General Motors LLC filed dueling briefs Tuesday in New York bankruptcy court in response to a former GM employee’s bid to pursue claims against GM over his wrongful conviction for rape, with Wilmington arguing GM should face the claims.

  • August 20, 2014

    Deal Ending $7M Fen-Phen Referral Fee Row May Be Near

    A Texas attorney's fight to make a Utah lawyer pay $7 million awarded in a fen-phen referral fee dispute may soon be over, as the parties are nearing a settlement following an appeals court's decision blocking collection efforts in the state, a lawyer involved in the case said Wednesday.

  • August 20, 2014

    Novartis Gets Zometa Jaw Injury Suit Thrown Out In Calif.

    A California federal judge on Tuesday dismissed for the second time a suit accusing Novartis Pharmaceuticals Corp.'s bone drug Zometa of causing jaw injuries, ruling the plaintiff could not use Maryland law to skirt a California statute of limitations on the case.

  • August 20, 2014

    NastLaw Founder Joins GM MDL Executive Committee

    A New York federal judge has appointed plaintiffs litigation firm NastLaw LLC's founder Dianne Nast as one of 10 members of the plaintiffs executive committee in the General Motors Co. ignition switch multidistrict litigation. 

  • August 20, 2014

    JPML Sends NHL Concussion Suits To Minnesota

    The U.S. Judicial Panel on Multidistrict Litigation on Tuesday consolidated three concussion injury suits against the National Hockey League in federal court in Minnesota, reasoning that the location is convenient for many of the parties who are in Canada. 

  • August 20, 2014

    Old Republic Loses Reconsideration Bid In Asbestos Case

    A Pennsylvania federal judge won’t reconsider rulings in an asbestos coverage suit brought by Ampco-Pittsburgh Corp. that Old Republic Insurance Co. has a duty to defend and that another pump maker’s excess liability policy was not affected by its settlement with underlying insurers.

  • August 20, 2014

    Air Force Grounds Lockheed F-16Ds After Finding Cracks

    The U.S. Air Force has grounded more than half of its fleet of Lockheed Martin Corp.'s F-16D fighter jets after discovering cracks in the planes, it said Tuesday.

  • August 20, 2014

    Gap, Saks Sued For Duping Outlet Store Shoppers

    The Gap Inc., Banana Republic LLC and Saks Fifth Avenue LLC have been hit with proposed class actions in California court for allegedly deceiving customers about the quality and supposed savings of outlet store items — bringing to five the number of clothing retailers recently accused of similar deceptive marketing.

  • August 20, 2014

    Generic-Drug Consumers Get Rare Boost With Ala. Ruling

    The Alabama Supreme Court's decision to uphold its controversial view that brand-name drug makers can be liable for inadequate warnings on generics marks the first such ruling by a state's highest court and endorses a theory of misrepresentation that plaintiffs can now use to persuade other courts, attorneys say.

  • August 20, 2014

    GM Bankruptcy Stay Doesn't Halt Remand Bid, Calif. Says

    Attorneys for the state of California asked a New York bankruptcy judge on Tuesday not to halt proceedings in a suit alleging General Motors LLC concealed serious ignition switch safety defects to avoid having to issue recalls, to provide the state an opportunity to have the case sent back to state court.

  • August 20, 2014

    Glenmark Ducks Class Action Over Birth Control Packaging

    A Michigan appeals court tossed a proposed class action against Glenmark Generics Inc. USA alleging the company unjustly profited from the sale of birth control pills that were later recalled, saying the company hadn’t directly benefited from a woman who bought the medication.

  • August 20, 2014

    Jury Clears Butter Flavor Co. In 'Popcorn Lung' Trial

    New York-based flavor giant International Flavors and Fragrances Inc. won a jury verdict Tuesday in Iowa federal court, defeating an injury suit that claimed its butter flavoring, which contains the compound diacetyl, caused a man to develop a serious lung condition from microwaving popcorn containing that flavoring. 

  • August 20, 2014

    Norwegian Air Passengers Seek $28M For Delayed Flights

    Norwegian Air Shuttle ASA is facing claims in Swedish courts from 35,000 passengers who have experienced travel delays resulting from technical problems with the new Dreamliner aircraft manufactured by Boeing Co. and seek up to $28 million in compensation, the Wall Street Journal reported Wednesday.

  • August 20, 2014

    9th Circ. Derails Union Pacific Air-Pollution Suit

    The Ninth Circuit on Wednesday refused to revive a suit brought by three environmental groups claiming diesel-based air pollution from Union Pacific Corp. and BNSF Railway Co. — California’s two biggest rail yard operators — exceeds safe levels, ruling the plaintiffs couldn't state a plausible claim for relief under federal law.

  • August 20, 2014

    Yamaha Japan Ducks Boat Motor Suit But US Co. Still On Hook

    A California federal judge has partially granted a motion to dismiss a proposed class action involving allegedly defective outboard boat motors manufactured by Yamaha Corp., dismissing Yamaha's Japanese unit from the suit and tossing negligence, consumer protection and other claims against the U.S. subsidiary while preserving class allegations.

  • August 20, 2014

    NHTSA Unveils New Online Recall Tracking System

    The National Highway Traffic Safety Administration on Wednesday launched a new tracking tool for vehicle recalls on a website that allows users to search vehicle identification numbers. It is also requiring all major automobile and motorcycle manufacturers to provide similar search capabilities for uncompleted recalls on their own websites.

  • August 19, 2014

    Victims' Expert Plays Down Terror Lists At Arab Bank Trial

    As the trial of Arab Bank PLC over allegations it funneled money to terrorists and their families continued Tuesday, an expert on the Palestinian group Hamas downplayed the singular importance of government blacklists, running up against one of the bank's key defenses.

  • August 19, 2014

    Judge Says Super Juice Co. Must Face Class Action Suit

    A New Jersey federal judge on Tuesday allowed a proposed class action to proceed against "superfood" juice maker MonaVie Inc. a year after a previous, nearly identical company was shut down, ruling that the plaintiff had sufficiently pled her claims that the company promotes bogus health drinks through a predatory pyramid scheme.

Expert Analysis

  • Conn. High Court Ensures Insurers Can Sue Each Other

    Dennis O. Brown

    The Connecticut Supreme Court's ruling in Travelers Casualty & Surety Company of America v. The Netherlands Insurance Company is significant because it broadens an insurer’s ability to bring a declaratory judgment action against a mutual insurer to determine the existence or allocation of a duty to defend a common insured, say Dennis Brown and Thomas Blatchley of Gordon Rees Scully Mansukhani LLP.

  • NY Court Cuts Back On Runner Doctrine

    David M. Cost

    While New York plaintiff attorneys will likely continue to fit cases where a plaintiff does not fall or no object falls on him under Labor Law Section 240(1), Diaz v. Globalfoundries U.S. Inc. may serve as a basis to move for summary judgment in the event the evidence shows that an object neither fell nor was on a descent when injury occurred, says David Cost of Hiscock & Barclay LLP.

  • 8th Circ. Provides Guidance On FCA Public Disclosure Bar

    Joe Dosch

    The Eighth Circuit recently affirmed the dismissal of a qui tam False Claims Act suit in Paulos v. Stryker Corp. and in doing so offered helpful guidance regarding the proper application of the public disclosure bar, while highlighting an open issue regarding public disclosure, say Scott Stein and Joe Dosch of Sidley Austin LLP.

  • 9th Circ. Questions De Minimis CERCLA Settlements

    Rick R. Rothman

    The Ninth Circuit's decision in Arizona v. Tucson does not change the legal standards for approval of Comprehensive Environmental Response Compensation and Liability Act consent decrees, but it does suggest that courts will be taking a closer look at de minimis settlements, say attorneys at Bingham McCutchen LLP.

  • USDA Poultry Regulations To Undergo Major Overhaul

    Ann P. Havelka

    The nation's first major overhaul of its poultry inspection system in nearly 60 years is poised to privatize the inspection process, however the shifting onus of regulation and inspection duties from government to industry have raised concerns from agency inspectors and advocacy groups, say Ann Havelka and Ryan Farnsworth of Shook Hardy & Bacon LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Consider Hearsay Issues Before A Rule 30(b)(6) Deposition

    Susan F. DiCicco

    To avoid the risk of multiple depositions or inadmissible testimony, all counsel should focus prior to a deposition — and before designating a witness — on knowledge and hearsay issues that may arise at Rule 30(b)(6) depositions, say Susan DiCicco and Stephen Scotch-Marmo of Bingham McCutchen LLP.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.

  • NY High Court Cuts Middle Path For Medical Disclosure

    Rachel T. Reynolds

    The New York Court of Appeals' joint opinion in Hamilton v. Miller and Giles v. A. Gi Yi suggests the state is taking a pragmatic approach to disclosure of medical reports and causation and is striking a balance between the interests of plaintiffs and defendants, says Rachel Reynolds of Sedgwick LLP.

  • NJ High Court Improves Cleanup Cost Allocation System

    Kevin J. Bruno

    The New Jersey Supreme Court's Magic Petroleum Corp. v. Exxon Mobil Corp. decision is particularly significant to the regulated community because it allows courts to make a percentage allocation of liability prior to the final tally of cleanup costs, ensuring that remediation proceeds promptly, say Kevin Bruno and Kevin Doherty of Blank Rome LLP.