Product Liability

  • October 26, 2016

    Los Angeles Jury Awards $7M In Asbestos Mesothelioma Case

    A Los Angeles jury has awarded $7 million to a man who was diagnosed with mesothelioma and his wife of 50 years, finding former manufacturer of asbestos-containing products Rich-Tex Inc. partially liable for his illness, the plaintiffs' attorneys said Wednesday.

  • October 26, 2016

    TPP Could Increase Safety Risks Of Imported Seafood: Study

    The controversial Trans Pacific Partnership trade deal could worsen seafood safety as the majority of the nation’s seafood products are imported but not properly inspected, Food and Water Watch said on Tuesday.

  • October 26, 2016

    Grocer Still Stuck To Octopus False Ad Suit

    A California federal judge refused to let a wholesale grocer out of a proposed class action alleging it falsely marketed foods as octopus when in reality they contained jumbo squid, ruling Wednesday that the grocer's sales figures weren't enough to show that the class failed to meet the damages threshold.

  • October 26, 2016

    Mitsubishi Deal Over Truck Engine Troubles Gets Judge's Nod

    A New Jersey federal magistrate judge preliminarily blessed a $17.5 million settlement Wednesday of a class' claims that Mitsubishi Fuso box trucks had defective engines that became a major hurdle for the business owners and distributors who rely on them.

  • October 26, 2016

    Bowel Drug False Ad Suit Kept Alive

    Two pharmaceutical companies are still locked in a false advertising and trademark feud over a colonoscopy bowel preparation drug, after a Massachusetts federal judge said Tuesday that there were still factual questions about whether one company’s use of a newsletter article was misleading.

  • October 26, 2016

    Blankenship Says Faulty Jury Instructions Led To Conviction

    Ex-Massey Energy CEO Don Blankenship’s attorneys took aim at allegedly faulty jury instructions in appealing his conviction before the Fourth Circuit on Wednesday, saying that the directives made it too easy to conclude that Blankenship willfully violated safety rules at a West Virginia coal mine, according to media reports.

  • October 26, 2016

    Judge Dissolves 'Slack-Filling' Suit Over Sour Patch Kids

    A New York federal judge on Wednesday tossed a proposed class-action brought by a candy buyer who alleged the makers of Sour Patch Kids candy "slack-filled" pouches of its product, saying the entire complaint fell short of pleading requirements.

  • October 26, 2016

    Chicago Says Drug Cos.' Opioids Forced Spending On Addicts

    The city of Chicago took a last stab at updating its complaint in its suit against Janssen Pharmaceuticals Inc. and several other pharmaceutical companies over their alleged deceptive marketing of opioid painkillers Tuesday, adding details about the city's own fight against abuse of the addictive drugs.

  • October 26, 2016

    Contractor's Worker Can't Pursue Damages, Calif. Panel Says

    A California state appellate court ruled Wednesday that an employee of an independent contractor on an electrical project at a California university can’t recover damages for work-related injuries from the entity that hired the contractor.

  • October 26, 2016

    GM Wants Brand Devaluation Claims Gone From Ignition MDL

    Vehicle owners whose theory that the General Motors brand lost value because of an ignition switch defect was rejected by the New York federal judge overseeing their multidistrict litigation should not get to amend that claim because it was dismissed permanently, GM argued on Tuesday.

  • October 26, 2016

    Eastman Reaches Deal In W.Va. Chemical Spill Fight

    Eastman Chemical Co. said Wednesday it has reached a deal to resolve class allegations over the company's role in a Freedom Industries Inc. coal-processing chemical mixture spill in West Virginia that left nearly 300,000 people without drinking water for days in early 2014.

  • October 26, 2016

    Supplement Co. Says Foe Stealthily Selling Harmful Products

    Nutrition Distribution LLC sued Line One Nutrition Inc. in California federal court on Tuesday, accusing its competitor of cheating in the $32 billion marketplace for nutritional supplements by selling steroid substitutes that aren't labeled as such and that it says pose health risks.

  • October 26, 2016

    Farmers Insurance Hit With Class Action After LA Wildfire

    A Los Angeles homeowner hit a Farmers Insurance Co. unit with a proposed class action in California state court on Wednesday alleging the insurers illegally limited coverage of wildfire smoke damage by changing policies without adequate notice and saying it was "not actual fire damage."

  • October 26, 2016

    Couple Wants Stay Lifted In Fiat Car-Hacking Suit

    Two drivers involved in a larger suit against car manufacturer Fiat Chrysler Automobiles over an allegedly hacker-sensitive system in certain cars sold by Fiat asked an Illinois federal judge on Tuesday to revive their claims against the technology company that made that system now that they've dropped their claims against the carmaker.

  • October 26, 2016

    Toyota Recalls 5.8M Cars Worldwide Over Takata Air Bags

    Toyota Motor Corp. said Wednesday that it is recalling about 5.8 million vehicles worldwide over possibly defective air bags manufactured by Takata Corp. that are reportedly prone to exploding. 

  • October 26, 2016

    Costco Misses Boat For Quick Win In Hepatitis Berry Row

    Costco's bid for quick judgment in the class action over berries contaminated with hepatitis A was struck down Wednesday by a California federal judge, who agreed with the consumers that the retailer made the attempt a month too late.

  • October 26, 2016

    NAACP Members Sue Luxury Hotel After Food Poisoning

    More than 100 members of the NAACP on Tuesday hit hotel chain Sofitel with a suit in California state court alleging they were stricken with food poisoning after eating tainted salmon at a gala dinner event, and that the hotel's refusal to help them while they were ill was discriminatory.

  • October 26, 2016

    Mich. House Dems Want DOJ Probe Of Flint Lawsuit Block

    Michigan’s Democratic members of the U.S. House of Representatives on Tuesday asked the U.S. Department of Justice to review how the state has allegedly blocked the city of Flint from suing the state in connection with the city’s lead-tainted drinking water crisis.

  • October 26, 2016

    Appvion Affiliate Needed In Fox River Suit, Judge Told

    Menasha Corp., the city of Appleton, Wisconsin, and other parties fighting cost recovery claims from Appvion Inc. at the Lower Fox River Superfund Site urged a federal judge to join an affiliate of Appvion to the suit, saying the company that paid the vast majority of Appvion's $199 million claim must be added to the suit to ensure the claims are resolved with finality.

  • October 26, 2016

    Takata Nabs DOJ Veteran To Lead Ethics, Compliance Division

    Takata Corp. has brought on a former U.S. Department of Justice federal prosecutor to head ethics and regulatory compliance for its U.S. subsidiary TK Holdings Inc., as the company continues to deal with the fallout from manufacturing faulty air bag parts that have caused more than 12 million vehicles to be recalled.

Expert Analysis

  • FDA Moves Toward Online Database For Medical Device Info

    Carolina Wirth

    The U.S. Food and Drug Administration's proposed rule requiring electronic submission of labels and package inserts for certain “home-use” medical devices furthers the agency's plan to make the information available to the public through the internet. But the proposal should not place significant additional burdens on medical device establishment owners or operators, says Carolina M. Wirth of Kilpatrick Townsend & Stockton LLP.

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • Personal Jurisdiction Key In Dismissal Of Asbestos Claim

    Carolyn Riggs.jpg

    The Rhode Island Superior Court's recent dismissal of an asbestos-related mesothelioma claim brought by a Tennessee resident affirmed the importance of personal jurisdiction in liability lawsuits. The ruling extended the U.S. Supreme Court’s standard passed down in Daimler AG v. Bauman, say Carolyn E. Riggs and Brian Gross of Manion Gaynor & Manning LLP.

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • Louisiana Supreme Court Ruling A Sweet One For Insurer

    Natasha Corb

    The Louisiana Supreme Court recently decided, in Arceneaux v. Amstar Corp., that in long latency disease cases, an insurer’s payments of defense costs may be prorated when the insurer’s occurrence-based policy was effective only during part of the plaintiffs’ exposure years. But the narrow scope of the ruling leaves its ultimate impact uncertain, says Natasha Corb of Manion Gaynor & Manning LLP.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • What To Know About PHMSA's New Emergency Authority Rule

    Kathryn B. Thomson

    A new interim final rule recently published by the Pipeline and Hazardous Materials Safety Administration gives the agency authority to issue emergency orders to owners and operators of gas or hazardous liquid pipelines. The new tool is intended to augment PHMSA’s existing authorities by providing the ability to respond swiftly to conditions that pose a substantial threat to health and safety, say Katie Thomson and Bob Fleishman of... (continued)

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • Court Shows No Love for Aphrodisiac Class Certification

    Stephen McConnell

    The U.S. District Court for the Southern District of California recently blocked plaintiffs' efforts in Sandoval v. Pharmacare to certify a nationwide class of disappointed users of an herbal supplement. Lack of standing is the key issue in this case, says Stephen McConnell of Reed Smith LLP.