Product Liability

  • July 28, 2015

    NJ Enviro Groups To Appeal Exxon Mobil Intervenor Denials

    Environmental groups united against the New Jersey's proposed $225 million settlement from Exxon Mobil Corp. over natural resource damage claims said Tuesday they plan to appeal the rejection of their attempts to join the litigation between the Department of Environmental Protection and the energy giant.

  • July 28, 2015

    General Mills Can't Use FDA To Nix Trans Fat Suit, Judge Told

    Consumers urged a California federal court Monday to keep alive their putative class action alleging General Mills Inc. used partially hydrogenated oils containing trans fats in its baking mixes, saying the company's argument that the U.S. Food and Drug Administration has primary jurisdiction "defies credibility."

  • July 28, 2015

    Judge Slashes $150M Jury Award After Fatal Jeep Fire Trial

    A judge reduced a Georgia jury's award against Fiat Chrysler LLC to the parents of a boy who burned to death in a Jeep Grand Cherokee from $150 million to $40 million, after the parents indicated they'd accept a "reasonable" reduction of that award.

  • July 28, 2015

    PG&E Says 45-Year-Old Charges Barred From Pipe Blast Case

    PG&E Corp. on Tuesday said several of the federal charges its facing following a fatal 2010 pipeline explosion and fire in San Bruno, California should be dismissed under the statute of limitations.

  • July 28, 2015

    A Guide To Fluor's Asbestos Coverage Fight With Hartford

    The California Supreme Court will soon deliver its long-awaited decision on whether an obscure state insurance law overrides a 2003 ruling by the court that created a barrier to transferring insurance rights during mergers and corporate restructurings. Here, Law360 recaps Fluor Corp.'s case against Hartford Accident and Indemnity Co. in anticipation of the ruling.

  • July 28, 2015

    Purdue Loses Reconsideration Bid In Chicago's Painkiller Suit

    In a battle between the city of Chicago and Purdue Pharma LP over allegedly dishonest marketing of opioid painkillers like Oxycontin, an Illinois federal judge on Monday denied the drugmaker’s motion to reconsider his refusal to dismiss the case.

  • July 28, 2015

    John Crane Hit With $1.4M Verdict In Asbestos Death Trial

    A New York jury has awarded $1.42 million to the widow of a man who died of mesothelioma in an asbestos exposure suit against John Crane Inc., which the company says will be offset by medical bill payments and settlements.

  • July 28, 2015

    Ohio Doc Must Face Claims In Meningitis MDL, Court Rules

    A Massachusetts federal judge refused to let an Ohio doctor escape a suit over his role in a woman's death from steroid injections tainted by a compounding pharmacy, ruling on Tuesday the federal court need not apply a state rule governing medical claims.

  • July 28, 2015

    Pittsburgh Corning Insurers Renew Ch. 11 Plan Opposition

    Two insurers Monday urged the Third Circuit to reverse a Pennsylvania federal judge's order that upheld a Chapter 11 plan ending Pittsburgh Corning Corp.’s 15-year bankruptcy and found the “insurance neutral” reorganization would not hamstring the insurers in related asbestos litigation.

  • July 28, 2015

    Maker's Mark Beats False Ad Suit Over 'Handmade' Label

    A California federal judge on Monday tossed a putative class action claiming Maker’s Mark Distillery Inc. misled consumers by labeling its whiskey “handmade” when it isn’t, axing allegations of negligent and intentional misrepresentation while finding that no reasonable consumer could be misled by the bottle's claim.

  • July 28, 2015

    Fla. Woman Fights To Get Smoking Suit Reinstated

    A woman whose mother died of smoking-related illnesses fought Tuesday to have her suit against R.J. Reynolds Tobacco Co. and others reinstated after it was dismissed because of her four-year delay in becoming a personal representative for her mother's estate and amending the complaint.

  • July 28, 2015

    White House Punts On Mandatory GMO Labeling

    The White House gave no official position Tuesday on mandatory labeling of genetically modified food, but said food bearing the U.S. Department of Agriculture's organic seal is not genetically engineered and the U.S. Food and Drug Administration is considering two citizen petitions.

  • July 28, 2015

    Locke Lord Booted From Supplement False Ad Class Action

    A California federal judge on Tuesday said Locke Lord LLP was not adequate class counsel in a suit accusing a nutritional supplement company of selling pills laced with high levels of lead in a pyramid scheme, saying a related malpractice suit against predecessor firm Edwards Wildman Palmer LLP has created a conflict.

  • July 28, 2015

    Riddell Says Football Helmet Suit Doomed By 4th Circ. Ruling

    Riddell Inc. again blasted a proposed class action in West Virginia federal court alleging it misled consumers as to the concussion safety benefits of its youth football helmets arguing the plaintiff’s cannot circumvent a recent Fourth Circuit decision by arguing the advertisements, based on a scientific study, were true but nevertheless misleading.

  • July 28, 2015

    Philip Morris Can't Stay Appeal In $17M Case, 11th Circ. Told

    A Florida woman who won a $17 million jury verdict against Philip Morris USA in a suit claiming her cigarette addiction led to the amputation of her legs fired back at the cigarette company’s motion to stay the case in the Eleventh Circuit, saying Monday that any delays would threaten irreparable harm.

  • July 28, 2015

    Class Attys In BSH Moldy Washer Suit Win $6.5M Payday

    A California federal judge on Monday granted final approval to a claims-made settlement providing $55 to owners of BSH Home Appliances Corp. washing machines that are allegedly susceptible to mold, overruling objections that class counsel requested excessive fees.

  • July 28, 2015

    GM Ignition Switch Plaintiffs Urge Judge To Limit Claims

    Co-lead counsel representing plaintiffs in multidistrict litigation over defective ignition switches in General Motors Co. vehicles urged a California federal judge on Monday to stand firm in his decision to dismiss claims from several plaintiffs pursuing property damage claims against the automaker.

  • July 28, 2015

    4th Circ. Won't Reconsider GNC Win In False Ad Suit

    The Fourth Circuit on Monday said it won’t rehear a June case against GNC Corp. where it ruled an advertising claim can’t be actually false if even just one scientific expert says it's true and the “vast weight” of scientific evidence refutes the claim.

  • July 27, 2015

    Whistleblower Fights Trinity's Bid For New Guardrails Trial

    A whistleblower slammed Trinity Industries Inc.’s motion for a new trial Friday following a $663 million False Claims Act verdict that found the company defrauded the U.S. government by selling defective guardrails, saying Trinity continues to misstate the issues under dispute.

  • July 27, 2015

    Insurer Can't Revive Negligence Claim For $11.5M Hotel Flood

    A Pennsylvania federal judge on Monday rejected Insurance Co. of Greater New York's bid to revive a professional negligence claim in its lawsuit over a flood at a Holiday Inn hotel that resulted in $11.5 million in damages, saying the company failed to support its attacks on defense deposition testimony.

Expert Analysis

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • Texas Property Insurers Consider Changes To Hail Policies

    Todd M. Tippett

    Texas is in the midst of a hail lawsuit crisis. Tens of thousands of lawsuits have been filed across the state and abuse and outright fraud are commonplace. Despite a strong push by the insurance industry, the 2015 Texas Legislature failed to pass any significant reform measures. Absent a legislative or policy form solution, the end result is predictable, says Todd Tippett at Zelle Hofmann Voelbel & Mason LLP.

  • Absent Class Members And Constitutional Standing

    Christopher J. Michie

    Will the decision in Neale v. Volvo Cars of North America LLC cause district courts to adopt a more relaxed view of the injury requirement in terms of the predominance analysis in class action certification? It is here that the Third Circuit’s discussion of the Comcast decision presents the potential for misinterpretation, says Christopher Michie of Clark Michie LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Highlights Of China's 2015 Food Safety Law

    Mark_Liza_HaynesBoone.jpg

    The last version of China's Food Safety Law was passed in 2009 in response to food safety scandals like the milk scandal in 2008, but it did not effectively solve the problem. Under the new law, which becomes effective Oct. 1, 2015, stakeholders can expect the contradictions of the old law will be methodically eliminated, say attorneys at Haynes & Boone LLP.

  • Trans Fat Ban Makes For Slippery Supply Chain Issues

    Whitney Passmore

    The U.S. Food and Drug Administration's recent trans fat ruling will make more work for food manufacturers, suppliers, producers and their attorneys all along the supply chain as the ruling contains no protections against civil litigation during the three-year compliance period, says Whitney Passmore at Womble Carlyle Sandridge & Rice LLP.

  • Ex Ante Vs. Ex Post: Janis Joplin’s Yearbook Revisited

    Paul E. Godek

    Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.

  • Shedding Light On Shady Grove: Rule 23 Trumps State Law

    Michael R. Carroll

    The Eleventh circuit ruling in Lisk v. Lumber One Wood Preserving LLC eliminates substantive statutory protections embedded in the very state laws under which plaintiffs are bringing suit. Given the lack of any other appellate precedent on this issue, Lisk carries the potential of an outsized impact and will inevitably encourage forum shopping in the Eleventh Circuit, say attorneys at Ballard Spahr LLP.

  • The Internet Of Things: Liability Risks For Tech Cos.

    H. Michael O’Brien

    In light of several documented failures in Internet of Things devices in 2015 it is important for stakeholders at the forefront of the development and implementation of these technologies to be aware of the emerging liability risks, says Michael O’Brien at Wilson Elser Moskowitz Edelman & Dicker LLP.

  • The Power Of The Petrillo Rule In Ill. State Courts

    Eugene A. Schoon

    Although the finding of a Petrillo rule violation was the most significant aspect in Thompson v. University of Chicago Medical Center, the order was surprising for other reasons. For one, the document on which the sanctions were based was publicly available — it was a copy of the complaint which the doctor’s lawyer could, and probably would, have obtained anyway, say Eugene Schoon and Jamie Gliksberg of Sidley Austin LLP.