Product Liability

  • November 21, 2014

    Meat Co. Can't Shake Starbucks Suit Over Ham Sandwiches

    A New Jersey federal judge on Friday rejected a meat distributor’s bid to escape Starbucks Corp.’s $4.8 million suit alleging it supplied bacteria-infected ham for Starbucks’ sandwiches, ruling Hahn Brothers Co. could not apply Maryland’s statute of limitations based on the complaint.

  • November 21, 2014

    Calif. Court Takes On Jurisdiction Dispute In Plavix Suit

    The California Supreme Court agreed on Wednesday to decide whether state courts have jurisdiction over out-of-state plaintiffs’ claims that Bristol-Myers Squibb Co. falsely advertised its blood thinner Plavix after the U.S. Supreme Court’s landmark Daimler v. Bauman decision.

  • November 21, 2014

    Insurer Asks 5th Circ. For Rehearing In Home Defect Row

    Mid-Continent Casualty Co. has asked the Fifth Circuit to review its reversal of an earlier decision that the insurer had correctly applied a contractual liability exclusion, arguing the panel mistakenly held that replacing two homeowners’ defective foundation represented property damage.

  • November 21, 2014

    Product Liability MVP: Jones Day's Stephanie Parker

    Jones Day's Stephanie Parker has been R.J. Reynolds Tobacco Co.’s go-to attorney since she began trying cases for it 15 years ago, and as its lead defense counsel, she has helped it win cases even in the post-Engle litigation landscape, including the first federal dispute involving a living smoker, landing her among Law360’s Product Liability MVPs.

  • November 21, 2014

    Calif. City Defends Expert In High Court Water Pollution Case

    The city of Pomona, California, has asked the U.S. Supreme Court to reject SQM North America Corp.’s petition to review the Ninth Circuit’s reinstatement of expert testimony in the city’s suit blaming the chemical manufacturer for perchlorate contamination in the public water system.

  • November 21, 2014

    GM Wants To Limit Discovery In Defect Cover-Up Suit

    General Motors told a New York federal court on Friday that it only wants to submit discovery documents that are related to claims that the automaker hid key details about its defective ignition switches, and not years of employee records, in multidistrict litigation related to a massive recall earlier this year.

  • November 21, 2014

    Pa. Tort Revamp Gets High Marks From Both Sides

    Attorneys from both sides of the bar found much to cheer in a landmark Pennsylvania Supreme Court ruling overhauling product liability law in the state, with defense attorneys hailing an end to slanted jury instructions and plaintiffs lawyers celebrating a continued focus on the defects of a product rather than the conduct of the manufacturer.

  • November 21, 2014

    Device Cos. Want Separate Twitter Guidance From FDA

    The U.S. Food and Drug Administration’s proposed policies for drug and device promotion on Twitter are facing a fresh round of opposition as device makers increasingly demand separate guidance for their products, newly released correspondence shows.

  • November 21, 2014

    Japan Orders Takata To Investigate Flawed Air Bags

    The Japanese Ministry of Transport on Friday said it told Takata Corp. to investigate its defective air bags, a day after the auto supplier faced a hostile U.S. Senate over the potentially deadly defect, according to news reports.

  • November 21, 2014

    Supplement Co. Nutronics Can't Dodge False-Ad Class Action

    A California federal judge on Thursday refused to toss a proposed class action accusing Nutronics Labs Inc. of falsely extolling the myriad health benefits of its deer antler velvet supplements even though studies show they are only effective when injected, saying the claims weren’t time-barred or inadequately pled.

  • November 21, 2014

    Group Cautions Congress On COOL Consequences

    A group advocating changes to the United States' controversial country-of-origin meat-labeling rules urged Congress on Friday to take action enabling the laws to be repealed or altered if the World Trade Organization determines they don't jibe with U.S. trade obligations.

  • November 21, 2014

    Texas High Court To Weigh Dow's Liability In Asbestos Suit

    The Texas Supreme Court agreed on Friday to hear an appeal in an asbestos suit from survivors of an independent contractor who say an appeals court reversed a $2.6 million jury verdict against Dow Chemical Co. by wrongfully applying state law limiting liability for a property owner’s negligence.

  • November 21, 2014

    Pipeline Cos. Can Recoup Safety Upgrade Costs, FERC Says

    The Federal Energy Regulatory Commission on Thursday proposed a formal policy that would allow interstate gas pipeline owners to recover costs for performing safety and reliability upgrades to their infrastructure in response to tougher standards from environmental and pipeline safety regulators.

  • November 21, 2014

    Garlock Says Asbestos Racketeering Claims Not Time-Barred

    Garlock Sealing Technologies LLC on Thursday fired back against Simon Greenstone Panatier Bartlett PC, telling a North Carolina judge that the bankrupt gasket sealer’s filings support its claims that the law firm engaged in racketeering while settling personal injury asbestos claims, and that its complaint is not time-barred.

  • November 21, 2014

    Zurich Can't Duck Pipe Defect Coverage Suit

    A Louisiana federal judge on Thursday denied Zurich American Insurance Co.’s bid to toss pipe manufacturer Shaw Group Inc.’s bad faith claims in coverage litigation involving defective product claims, saying the insurer could still be liable for damages even if it finally paid the policy cap.

  • November 21, 2014

    Eli Lilly, Takeda Win Dismissal Of Ark. Taxpayer Actos Suit

    A Louisiana federal judge on Thursday threw out a proposed class action alleging that Takeda Pharmaceutical Co. and Eli Lilly & Co. ripped off taxpayers by hiding the risks of their diabetes drug Actos, after the Arkansas Supreme Court ruled the drug was properly prescribed by doctors.

  • November 20, 2014

    Big Tobacco Says Using Engle Findings Violates Federal Law

    R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. on Thursday argued before the Eleventh Circuit that Engle progeny plaintiffs cannot rely on the findings of that landmark suit to establish their strict liability and negligence claims against the tobacco companies because it violates federal law.

  • November 20, 2014

    Product Liability MVP: Sidley Austin's Sherry Knutson

    Drawing on her knack for simplifying complicated science and regulatory jargon, Sherry Knutson of Sidley Austin LLP helped Takeda Pharmaceutical Co. Ltd. escape liability in the first jury trial among thousands of Illinois lawsuits blaming the company’s diabetes drug Actos for causing bladder cancer, earning her a spot among Law360’s Product Liability MVPs.

  • November 20, 2014

    Siemens Avoids Liability For Texas Gas Plant Explosion

    Siemens Energy Inc. is not liable for a 2011 gas plant explosion that left an electrician severely burned, a Texas state jury found on Thursday, in a verdict that held the plant’s owner and an engineering firm responsible for the accident.

  • November 20, 2014

    Porter Hayden, AIG Insurers Ink $15M Asbestos Coverage Deal

    Defunct Porter Hayden Co. sought approval Thursday for a $15 million settlement of its asbestos injury coverage dispute with two American International Group Inc. insurers, telling a Maryland federal judge the deal will shield the insurers from future litigation over the asbestos claims and immediately benefit claimants.

Expert Analysis

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of docementation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • Solace For Wis. Suppliers Over Defective Components

    Jeffrey O. Davis

    Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. is important for all manufacturers since the decision correctly found that defective components that ruin an end product are covered under a standard general liability policy, but with an important caveat — the fully integrated product must be ruined by the defective component, say attorneys at Quarles & Brady LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Where Lawyers Impact The Triple Bottom Line

    John Page

    Legal departments are not bystanders in corporate social responsibility efforts. They ensure compliance, infuse ethics into the decision-making process, weigh legal risks and protect the company’s reputation. With increasing business actions to address social issues, it is time for the legal community to get more involved, says John Page, chairman of the board of directors for the Association of Corporate Counsel and chief legal of... (continued)

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Pushback Prompts FDA To Propose New Food Safety Rules

    Sonali P. Gunawardhana

    The U.S. Food and Drug Administration's recent response to objections from the food industry on proposed rules to the Food Safety Modernization Act has led to significant revisions, which include a hybrid approach toward the safety of imported food products and a tiered approach for water-quality standards, say James Czaban and Sonali Gunawardhana of Wiley Rein LLP.

  • Fighting 'Fugitive Dust' Claims With Rule 403

    Sean Patterson

    Jim Aana v. Pioneer Hi-Bred International Inc. should be used as a guideline for challenging the use of experts in "fugitive dust" claims under Rule 403 when expert testimony and other evidence of health and environmental effects have minimal relevance to a plaintiff's claims and risk confusing the jury while unnecessarily increasing the complexity and length of the trial, says Sean Patterson of Sedgwick LLP.

  • What's In A Name? When 'Just Mayo' Isn't 'Mayonnaise'

    Christopher G. Van Gundy

    Unilever's false advertising lawsuit against Hampton Creek Inc.’s “Just Mayo” trademarked brand of egg-free mayo pits an established food manufacturer with beloved brands in recognized product categories against a new company seeking to redefine or create a new category and implicates important aspects of food and advertising law, including the standards of identity in food labeling, says Christopher Van Gundy of Keller and Heckman LLP.

  • Texas Cites Other States In Fighting A Fracking Ban

    Barclay Nicholson

    Motions filed by the Texas General Land Office and Texas Oil and Gas Association against Denton's hydraulic fracturing ban demonstrate that both parties have structured their filings in a manner to align with the reasoning of courts that have invalidated local fracking bans, say Barclay Nicholson and Johnjerica Hodge of Norton Rose Fulbright.