Product Liability

  • April 24, 2015

    Ford Recalling 390,000 Cars Over Door Latch Safety Problems

    Ford Motor Co. issued a safety recall Friday of 390,000 cars believed to be affected by faulty door latches that may prevent doors from closing or allow them to unlatch while the car is in motion, the third and largest door latch-related recall so far this year.

  • April 24, 2015

    9 Contractors Should Be Tossed From Asbestos Suit: Judge

    A Delaware federal magistrate on Friday recommended that nine defendants be dismissed from a former U.S. Navy shipyard worker's suit accusing dozens of government contractors of helping expose him to asbestos because their products couldn’t be linked to the worker’s mesothelioma. 

  • April 24, 2015

    Quake Links Turn Up Legal, Regulatory Heat On Drillers

    Studies released this week by federal and state geologists linking oil and gas drilling to an increase in earthquakes will provide more ammunition for plaintiffs in lawsuits over wastewater injection wells cited as the likely culprit and for regulators to impose tighter restrictions on those wells, experts say.

  • April 24, 2015

    7th Circ. Lead Paint Ruling Threatens Cos., High Court Told

    Dupont Co. and former manufacturers of lead paint have told the U.S. Supreme Court that a Seventh Circuit decision in a man's injury suit over lead paint has broad implications and could expose companies to billions of dollars in liability.

  • April 24, 2015

    Wal-Mart, Others Sued Over Bangladesh Factory Collapse

    Wal-Mart Stores Inc., JCPenney Corp. Inc. and The Children’s Place Inc. were hit with a proposed class action on Thursday in Washington, D.C., federal court alleging that they were partially responsible for a Bangladesh clothing factory collapse two years ago that killed more than 1,000 workers.

  • April 24, 2015

    Carnival Settles With Many Of Cruise Disaster Plaintiffs

    Carnival Corp. has reached a settlement with most of the remaining plaintiffs in a Florida federal court suit alleging that the cruise ship operator was negligent in connection with the infamous 2013 Triumph cruise disaster, leaving just four holdout plaintiffs.

  • April 24, 2015

    Home Depot Supplier Recoups $30M Spent In Sealant MDL

    Cleaning solution supplier Roanoke Companies Group Inc. has been awarded nearly $30 million after an arbitrator found it shouldered a disproportionate share of the liability in multidistrict litigation over illnesses and deaths caused by a grout sealing spray it sold to Home Depot Inc.

  • April 24, 2015

    Texas Justices Dump Mexican Crash Suit Against Bridgestone

    The Texas Supreme Court on Friday said a wrongful death suit against Bridgestone Americas Tire Operations LLC can’t be heard in Texas court because it arose from a car accident that took place in Mexico, involving Mexican residents.

  • April 24, 2015

    Ex-Chicago Bear's Estate To Appeal NFL Settlement

    The estate of late NFL player Dave Duerson intends to appeal the league’s settlement approved Wednesday over concerns that it doesn’t adequately address chronic traumatic encephalopathy, a degenerative neurological disease linked to repeated blows to the head, according to the estate’s attorney.

  • April 24, 2015

    Toxic Tort Claims Over Fracking Create IP Discovery Risk

    A recent Pennsylvania ruling finding that trade secrets, including the makeup of hydraulic fracturing fluids, should be handed over in discovery in a toxic tort case against Range Resources Corp. is likely just the beginning of attempts by plaintiffs to win access to proprietary information, experts say.

  • April 24, 2015

    Pharmacies Are Health Care Providers, Texas High Court Says

    The Texas Supreme Court on Friday dismissed a woman’s claim she was blinded by a nutritional supplement provided by a compounding pharmacy, holding the pharmacy is a health care provider entitled to protections from medical malpractice tort reforms.

  • April 24, 2015

    Philip Morris Beats $20M Punitive Award In Engle Suit

    Philip Morris USA Inc. persuaded a Florida federal judge to vacate a $20 million punitive damages award for a longtime smoker Thursday in an Engle progeny case when the judge found that the plaintiff had not shown enough evidence that the company's fraudulent marketing tactics influenced her smoking choices.

  • April 24, 2015

    Texas High Court Won't Extend Gov't Immunity To Contractors

    The Texas Supreme Court on Friday held that third-party contractors doing work for state agencies are not entitled to the same sovereign immunity that protects those agencies from suits, in a wrongful death case in which Brown & Gay Engineering Inc. claimed its position as a contractor for a state agency should give it such protection.

  • April 24, 2015

    Indoor Tanning Salons Hiding Cancer Risks, NY AG Says

    New York Attorney General Eric Schneiderman on Thursday sued two tanning companies in the state whom he accused of false advertising and misleading consumers by hiding or downplaying the potential skin cancer risks of indoor tanning.

  • April 24, 2015

    Canada Regulators Order Oil-Carrying Trains To Slow Down

    Canada transportation regulators on Thursday lowered the speed limit on trains carrying crude oil and other hazardous materials through highly urbanized areas, mirroring actions taken by the U.S. Department of Transportation last week.

  • April 24, 2015

    Skechers Wants State Shape-Ups Injury Suits Blocked

    Skechers USA Inc., already involved in multidistrict litigation over its Shape-Ups toner shoes, urged a Kentucky federal judge on Friday to block numerous personal injury suits over the shoes that have been brought in various state courts, saying plaintiffs attorneys are unfairly seeking to drive up legal costs on the shoe retailer.

  • April 24, 2015

    Blankenship Judge's Law Clerk Quarantined From Suit

    A law clerk allegedly friendly to mine workers' rights has been quarantined from the trial in which former coal magnate Don Blankenship is accused of mandating mine-safety obstructions that killed 29 Massey Coal Co. employees.

  • April 24, 2015

    JPML Asked To Merge SeaWorld Orca Abuse Claims Suits

    Consumers accusing SeaWorld Entertainment Inc. of misleading ticketholders about the theme park giant’s alleged mistreatment of whales urged the Judicial Panel on Multidistrict Litigation on Thursday to consolidate in southern California four putative class actions challenging SeaWorld’s sales and marketing tactics.

  • April 24, 2015

    Jury Hits Concrete Sealer Maker With $11M Verdict

    An Illinois state jury has hit a concrete sealer manufacturer with a nearly $11 million verdict in favor of a man who was burned over two-thirds over his body in an explosion when he was sealing his basement floor.

  • April 24, 2015

    Pa. Consumer Says Bayer's MiraLax Caused Kidney Damage

    Bayer Corp. and several other pharmaceutical companies were hit with a Pennsylvania state court lawsuit on Thursday in which a Philadelphia man claimed the company’s MiraLax laxative was responsible for his acute kidney injury.

Expert Analysis

  • 3 Developments You Need To Know About Calif.'s Prop 65

    Judith Praitis

    All three branches of California's government rendered important determinations on Proposition 65 during the first quarter of 2015: a court of appeal affirmed a major defense victory on how lead exposures in food can be assessed, the executive branch promulgated major new warning regulations and the legislature is considering new curbs on frivolous lawsuits, say Judith Praitis and Amy Lally of Sidley Austin LLP.

  • CERCLA 'Arranger Liability' Continues To Elude Clarity

    Meline G. MacCurdy

    Since the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. U.S., courts still struggle with the distinction between parties that bear liability as “arrangers” and parties that instead sell “useful products,” the most recent being the Fourth Circuit in Consolidation Coal Co. v. Georgia Power Co., says Meline MacCurdy of Marten Law PLLC.

  • New GM Is Free And Clear, But The Battle Will Rage On

    Lesley S. Welwarth

    A recent Southern District of New York decision in the General Motors bankruptcy case raises important bankruptcy policy questions, including whether the outcome creates improper incentives for debtors that are subject to product liability and latent defect claims, and how the rights of creditors who are affected by lack of a claims bar date notice are to be dealt with in future cases, say Henry Jaffe and Lesley Welwarth of Pepper Hamilton LLP.

  • Drinking Game: Plaintiffs Slam Down Spirits Class Actions

    Simon A. Fleischmann

    If courts fall into line with the first decision against the maker of Tito’s Handmade Vodka, we may begin to see settlements in consumer class actions against the spirits industry. However, class settlements for significant amounts may drive an increase in litigation, say Simon Fleischmann and Thomas Cunningham of Locke Lord LLP.

  • 9th Circ. Deepens Split Over Complex CERCLA Sites

    Michael D. Daneker

    The Ninth Circuit's holding in AmeriPride Services Inc. v. Texas Eastern Overseas Inc. deepens an unresolved circuit split and increases uncertainty regarding the legal effect of settlement with fewer than all responsible parties at complex Comprehensive Environmental Response, Compensation, and Liability Act sites, say Michael Daneker and Lauren Daniel of Arnold & Porter LLP.

  • 10 Topics For Corporate Counsel To Consider On Coal Ash

    Kirsten L. Nathanson

    The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.

  • REBUTTAL: Donziger’s Lies Cannot Excuse His Fraud

    Stephen W. Green

    Steven Donziger’s recent “op-ed” in this publication is his latest deception — repeating on the eve of appeal the lies he has told a thousand times before. Far from a never-before-detailed account, his article is nothing more than a recycling of discredited misrepresentations and outright falsehoods, says Stephen Green, vice president for policy, government and public affairs, Chevron Corp.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Calif. Retailers Better Check Their Supply Chains

    Stephanie A. Sheridan

    The California Department of Justice's recent letter campaign targeting retailers and manufacturers centers around the Transparency in Supply Chains Act. This is California's first step in enforcing the law and we have reason to believe over 100 companies were targeted, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • OPINION: Donziger's Case Against Chevron, In His Own Words

    Steven R. Donziger

    With all eyes on the Second Circuit this Monday when oral arguments begin in the appeal of Judge Lewis Kaplan's decision in Chevron Corp.'s RICO case against Steven Donziger and two of his clients from the Ecuadorian rainforest, the plaintiffs attorney for the first time offers his view, in detail, of the decades-long, multibillion-dollar Lago Agrio oil field pollution case.