Product Liability

  • February 11, 2016

    Insurer Rips $12M Claim Over Botched Oil Well In 5th Circ.

    Seneca Insurance Co. urged the Fifth Circuit on Wednesday to affirm that a policy it issued to a drilling contractor doesn’t cover $12 million that Solstice Oil & Gas I LLC wants for the contractor’s failure to drill accurately, claiming that an unusable, zig-zagged well doesn’t qualify as “property damage.”

  • February 11, 2016

    Metals Co. Claims Damage From Norfolk Southern Derailment

    A metals processing company sued Norfolk Southern Railway Co. in Pennsylvania federal court Thursday claiming its business was crippled by a 2014 freight derailment that sent train cars crashing into its building and crude oil spilling onto its property.

  • February 11, 2016

    KBR Seeks More 3rd Circ. Review In Wrongful Death Suit

    A contractor fighting a wrongful death suit from the family of a soldier electrocuted at a Baghdad military base urged a Pennsylvania federal court Thursday to allow a third appeal before the case goes to trial, saying the contractor is allowed to challenge a ruling on which state’s liability laws apply in the dispute.

  • February 11, 2016

    Drivers Of Recalled Hybrids Hit Back At Ford In Atty Fee Fight

    Drivers in a class action accusing Ford of ignoring a hybrid vehicle defect fired back Wednesday at the company’s objections to their request for $876,000 in attorneys’ fees, telling a California federal judge the price tag is justified by the hours the lawyers logged and the success they achieved.

  • February 11, 2016

    Building Owner Charged With Manslaughter For Gas Explosion

    The Manhattan District Attorney charged four people with manslaughter in connection with a gas explosion last year that killed two individuals, saying on Thursday the building owner and manager along with two contractors had illegally tapped a gas line and hid it from Con Edison inspectors.

  • February 11, 2016

    Citgo's $81M La. Oil Spill Penalty Too Low, Feds Say

    The federal government on Wednesday slammed Citgo Petroleum Corp.'s bid to reduce an $81 million Clean Water Act penalty for gross negligence stemming from a 2006 oil spill, arguing a Louisiana federal judge could have imposed an even higher penalty because of Citgo's actions.

  • February 11, 2016

    FaegreBD Adds 2 Litigators To LA Office

    Faegre Baker Daniels LLP has added two litigators who work in employment and in product liability and life sciences law as partners in its Los Angeles office, the firm has announced.

  • February 11, 2016

    Dannon, Chobani Battle Over Discovery In False Ad Suit

    Yogurt makers Dannon and Chobani exchanged a pair of tense letters Wednesday in New York federal court arguing whether discovery should proceed in a dispute over Chobani’s ad campaign suggesting that yogurt made by Dannon is sweetened with an ingredient that is part chlorine.

  • February 10, 2016

    3rd Circ. Ruling Backs RICO Claims Against Glaxo, Court Told

    Insurers suing GlaxoSmithKline over adulterated drugs from a now-defunct Puerto Rican factory said Tuesday a recent Third Circuit case that gave union health funds the ability to sue the drugmaker under the Racketeer Influenced and Corrupt Organizations Act supports their ability to bring similar claims.

  • February 10, 2016

    Tobacco Cos. Owe Computer Whiz's Family $12.5M, Jury Told

    Relatives of a computer analyst who died of lung cancer urged a Florida jury to award it a $12.5 million verdict plus punitive damages in its trial against Philip Morris USA Inc. and R.J. Reynolds Tobacco Co., arguing that the companies' cigarettes killed a loving father and husband.

  • February 10, 2016

    Maine Fishing Co. Repeatedly Sold Tainted Fish, DOJ Says

    The U.S. Department of Justice on Wednesday slapped a smoked salmon and trout distributor with a suit in Maine federal court alleging it has repeatedly released unsafe food into the marketplace, despite multiple warnings.

  • February 10, 2016

    Scotts CEO Wants Tainted Bird Seed Claims Tossed

    The head of Scotts Miracle-Gro Co. urged a California federal court Tuesday to address his opposition to consumers' claims against him for allegedly selling tainted bird seed before it rules on whether to certify their class.

  • February 10, 2016

    Fifth Generation Told To Mediate Tito's Handmade Vodka Suit

    A magistrate judge in New York referred to mediation a false advertising dispute involving Austin-based distilling company Fifth Generation and a man who claimed in a proposed class action that the company tricks consumers into believing that its Tito's Handmade Vodka is made in small batches and not mass-produced.

  • February 10, 2016

    Some Lumber Liquidators Flooring May Hurt Breathing: CDC

    The Centers for Disease Control and Prevention believes that certain laminate flooring sold by Lumber Liquidators tested for high formaldehyde levels could cause health problems, including irritation and breathing difficulties, according to its report Wednesday.

  • February 10, 2016

    Insurer Says It Fulfilled Wrongful Death Verdict Coverage

    Auto-Owners Insurance Company told an Indiana federal judge Wednesday it no longer owes defense costs to an Indiana man who is appealing a $10 million wrongful death verdict stemming from a 2010 car accident because it’s paid the full amount of liability owed to its policyholder.

  • February 10, 2016

    2 Major Tobacco Firms Beat Calif. Lung Cancer Suit

    A California federal jury has decided that cigarettes made by Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. didn’t cause an ex-smoker's lung cancer. 

  • February 10, 2016

    Long Island Railroad Must Face Worker Injury Suit, Judge Says

    A New York federal judge ruled Tuesday that the Long Island Railroad Co. must face a negligence suit over bad medical advice it allegedly gave an employee who hurt his back on the job, saying there’s enough to potentially hold the railroad liable for the injury.

  • February 10, 2016

    Del. Justices Urged To Revive GM Shareholders' Ignition Suit

    General Motors shareholders urged the Delaware Supreme Court on Wednesday to overturn a Chancery Court decision tossing their derivative claims that directors acted in bad faith while overseeing the company’s operations in connection with a deadly ignition switch defect, but ran into arguments they were distorting facts and ignoring contrary evidence.

  • February 10, 2016

    Toys 'R' Us Settles Insurance Row Over $25M Verdict

    Toys 'R' Us Inc. on Wednesday settled a breach-of-contract suit accusing an insurance company of failing to provide coverage for a $25 million wrongful death verdict awarded to the family of a 28-year-old woman who died after using an allegedly defective inflatable pool slide sold by the retailer.

  • February 10, 2016

    NHTSA Says Tire Sensor Issues No Threat To Vehicle Safety

    The National Highway Transportation Safety Administration has determined that tire pressure monitors that don’t light up when they’re supposed to in cars made by Tesla Motors Inc., Ferrari North America Inc. and Automobili Lamborghini SpA are not a danger to the public, according to a notice to be published Thursday in the Federal Register.

Expert Analysis

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Litigation In The Marijuana Industry Lights Up

    Abby Sacunas

    The country’s first marijuana products liability class action hit Colorado state court in October, alleging that LivWell Inc. used a pesticide on their plants not approved for use on tobacco products — but while it may be tempting to consider cannabis products in conjunction with tobacco products, the industries are at very different stages of regulation and development, say Abby Sacunas and Leigh Ann Benson at Cozen O’Connor.

  • China's Hazardous Substances Restrictions: What To Know

    Richard Ferris_FoleyLardner.jpg

    Companies manufacturing electrical and electronic products, parts or other components in China need to pay close attention to the expanded regulatory scope of China's restriction of hazardous substances regulations, particularly in the next 12-24 months, says Richard Ferris at Foley & Lardner LLP.

  • Man Vs. Machine: The New Era Of Self-Driven Cars

    Kimberly L. Wald

    Although self-driven cars are a very new development, many different companies, like Google, Tesla and Nissan are scrambling to develop a foothold in this arena. Self-driving cars have already raised a host of legal issues, and states are already introducing new legislation to try and keep up with the fast pace of progress, says Kimberly Wald at Kelley Uustal PLC.

  • Mastery In The MDL: Deposing A Science Expert


    This is the final part of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article looks at how to take a science expert deposition to set up a Daubert motion.

  • Oklahoma Quakes Trigger Legal Concerns For Energy Cos.

    Daniel M. McClure

    With more than 70 earthquakes shaking Oklahoma since the start of the year, seismicity is staged to remain a focus for the energy industry in 2016. Earthquake litigation appears to be trending up, and a variety of patterns are becoming apparent to ensure that seismic risk mitigation investments are efficiently targeted at a time when the energy industry faces tightening financial pressures, say attorneys at Norton Rose Fulbright.

  • Congress Loses Its COOL

     Matthew I. Kaplan

    Congress recently repealed the country-of-origin labeling rule for beef and pork, partially in response to the threat of retaliatory tariffs from Canada and Mexico. But COOL requirements are still in effect for other commodities and whether other countries will follow Canada and Mexico to obtain COOL repeal for these products remains to be seen, say Matthew Kaplan and Ndubisi Ezeolu at Tucker Ellis LLP.

  • Mastery In The MDL: Limiting FDA Regulatory Expert Opinion


    This is the fourth of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article explores ways to limit or exclude U.S. Food and Drug Administration expert testimony.

  • How To Prepare A Premises Liability Case

    Douglas J. McCarron

    Premises liability cases require evidence that a dangerous condition existed. Extensive knowledge of the property's policies and procedures and whether the employees are following them is the first step in proving whether or not the property owners and managers are fulfilling their duty to maintain a reasonably safe property, says Douglas McCarron at Haggard Law Firm PA.