Product Liability

  • April 29, 2016

    Big Tobacco Urges Justices To Review $125M Award To Pa.

    Philip Morris, R.J. Reynolds and other tobacco companies have urged the U.S. Supreme Court to review a decision allowing Pennsylvania to receive a $125 million payment as part of a nationwide settlement over smoking-related health costs, saying a lower court exceeded its authority by altering an arbitration award.

  • April 29, 2016

    Dole Detected Listeria At Plant Long Before Shutdown: Report

    Dole officials were aware that an Ohio salad facility tested positive for listeria long before they shut it down after an outbreak that sickened more than 30 people and killed five in the U.S. and Canada was linked to the plant, according to a U.S. Food and Drug Administration report.

  • April 29, 2016

    Lumber Liquidators To End Securities Suit Over China Imports

    Lumber Liquidators Holdings Inc. told a Virginia federal judge Thursday it has reached an agreement with shareholders to end a consolidated suit alleging the company misled investors regarding its importation of cheap products that used illegally-harvested wood from China.

  • April 29, 2016

    Nissan To Recall 3M Cars Over Air Bag System Defect

    Nissan has agreed to recall about 3.17 million vehicles stretching over a range of models due to a potential air bag system defect that can leave a car to misclassify an adult passenger as a child or even as nonexistent, according to the National Highway Traffic Safety Administration.

  • April 29, 2016

    Insurer Says It Needn't Cover $16.5M Hyatt Defect Battle

    Mt. Hawley Insurance Co. on Friday filed a suit in California federal court claiming that it has no duty to defend or indemnify a general contractor in a $16.5 million construction defect action filed by the developer of a Hyatt hotel, saying that multiple policy exclusions apply to bar coverage.

  • April 29, 2016

    Reckitt Must Pay $1.3M For Putting Different Labels On Drug

    Drugmaker Reckitt Benckiser (Australia) Pty Ltd. has been ordered to pay AU$1.7 million ($1.3 million) by Australia's federal court in an Australian commission regulators' court suit over painkiller packaging that said four different varieties were targeted to four different kinds of pain, which wasn't true, the regulators said Friday.

  • April 29, 2016

    Ferrari Hid Defect Behind Total Engine Failures, Suit Says

    Ferrari hid a design defect in certain sports cars that causes exhaust manifold parts to be sucked into the engine and ultimately leads to total engine failure, according to a proposed nationwide class action filed in New Jersey federal court Friday.

  • April 29, 2016

    2nd Circ. Affirms Dismissal Of Transocean Merger Suit

    Shareholders of a company acquired by Transocean Ltd. cannot sue over a stock drop resulting from the Deepwater Horizon spill because they did not bring the suit within the three-year time limit, a Second Circuit panel said Friday, affirming a lower court’s ruling.

  • April 29, 2016

    FDA To Mull Mandatory Opioid Education For Prescribers

    The U.S. Food and Drug Administration will soon consider whether to make opioid education for prescribers mandatory — it’s currently voluntary — amid other possible modifications to the agency's plan for evaluating and mitigating the risks associated with prescribing opioid painkillers.

  • April 29, 2016

    Ex-Lockheed Worker Can’t DQ Judge In Girardi Fraud Suit

    A California federal judge refused Thursday to disqualify a fellow jurist accused by a former Lockheed Martin Corp. worker of having a conflict of interest in a lawsuit alleging Girardi Keese Law Firm pilfered from a $130 million class settlement for Lockheed employees.

  • April 28, 2016

    California To Seek $90M From PG&E For Deadly Wildfire

    California state fire officials have determined that negligence or wrongdoing on the part of a PG&E Corp. unit caused a massive wildfire in Northern California last year resulting in two deaths, saying Thursday the state will seek to recover more than $90 million in firefighting costs.

  • April 28, 2016

    Jury Awards $8M After Chicago Hospital 'Code Blue' Failure

    A Chicago jury awarded $8 million on Wednesday to the son of a woman who died after being anesthetized without an anesthesiologist present and without procedures in place for response to such “code blue” events, according to documents provided by the plaintiffs.

  • April 28, 2016

    Appvion Resists Feds' Judgment Bid Over Fox River Cleanup

    Paper coating company Appvion Inc. on Thursday told the Wisconsin federal judge overseeing the Lower Fox River Superfund site litigation it should be allowed to recover some of its cleanup costs from the federal government.

  • April 28, 2016

    NY High Court Backs Con Ed In Pipe Explosion Discovery Row

    New York's top court on Thursday upheld a ruling that a New York Supreme Court judge wrongly denied Consolidated Edison Inc.'s discovery request for the litigation documents of a contractor the utility blames for a deadly 2007 steam pipe explosion in Manhattan.

  • April 28, 2016

    Army Corps Sued Over Allegedly Ruining Fla. Palm Farm

    The U.S. Army Corps of Engineers caused more than $20 million in damages to a Florida palm tree farm, according to a Federal Claims suit filed Tuesday, alleging that a levee rehabilitation project ruined the groundwater flowing to the farm from a nearby lake.

  • April 28, 2016

    NFLers Say Former Firms Can't Claim Concussion Award Fees

    NFL legend Gale Sayers and six other former players involved in litigation over the NFL’s response to the dangers of concussions asked a Pennsylvania federal court Wednesday to block their former attorneys from taking cuts of any individual awards they might receive, saying they severed their attorney-client relationships long ago.

  • April 28, 2016

    Vet Groups Sue VA Seeking Water Contamination Benefit Docs

    The U.S. Department of Veterans Affairs is dragging its feet on handing over records on a program that veterans groups say has been giving Marines and their families who lived on a military base with a contaminated water supply short shrift on their disability benefits, the groups said in a suit filed Wednesday.

  • April 28, 2016

    WWE Wants Out Of 2nd Circ. Concussion Suit Appeal

    World Wrestling Entertainment Inc. asked the Second Circuit on Wednesday to toss an appeal by a former wrestler who accused the company of hiding the risks of traumatic brain injuries from its employees, arguing the matter has not yet been finalized by a Connecticut district court.

  • April 28, 2016

    Old Spice Deodorant Causes Rashes, Class Action Claims

    A man who claims he developed rashes and open sores after using Old Spice deodorant filed a putative class action in California federal court on Wednesday, saying Procter & Gamble knows the product can harm users' skin and has done nothing about it.

  • April 28, 2016

    Arm & Hammer Detergent Maker Hit With ‘Slack Fill’ Suit

    The maker of Arm & Hammer consumer goods was hit with a putative class action in New York federal court on Wednesday, alleging that the company’s liquid detergent products are packaged in oversize containers that mislead consumers into thinking they are getting more detergent than they are.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Leveraging In-House Attys' Reporting Obligations

    Michael W. Peregrine

    The Michigan Attorney Grievance Commission’s recent decision not to pursue six former General Motors in-house counsel for failure to disclose the safety risks of an alleged defective product provides a compelling platform from which boards and senior management can discuss the “reporting up” and “out” obligations of in-house counsel, and how those obligations can best support effective risk oversight practices, say Michael Peregrin... (continued)

  • Wave Of False Labeling Class Decertifications In Calif.

    Stephen R. Freeland

    California plaintiffs have recently tested a number of alternative approaches trying to show that restitution under California’s Consumer Legal Remedies Act may be calculated on a classwide basis for false labeling actions — but courts have not only been skeptical of these approaches, they have flatly rejected them, say Stephen Freeland and Thomas Gilbertsen at Venable LLP.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Why Celebrity Sponsors Aren't Liable For False Advertising

    Christina Guerola Sarchio

    The Ninth Circuit’s recent opinion in a case involving a dietary supplement manufacturer and its celebrity spokesperson, former NFL quarterback Joe Theismann, reaffirms a large body of case law suggesting that public figures who simply endorse a product have a viable defense against claims for false advertising, say Christina Guerola Sarchio and Emily Luken at Orrick Herrington & Sutcliffe LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Prop. 65 BPA Listing Brings Trouble, Could Lead To Reform

    Greg Sperla

    Unfortunately for everyone but plaintiffs attorneys, California's Proposition 65 may have to get worse before it gets better. But the silver lining of the coming Bisphenol A fiasco may be its potential to raise awareness of the need for legislative and regulatory fixes to Proposition 65 that all sides can accept, say Greg Sperla and Anthony Cortez at Greenberg Traurig LLP.

  • Statutes Of Repose In Environmental Litigation After CTS

    Anthony B. Cavender

    A recent Fourth Circuit decision, Stahle v. CTS Corp., has again focused attention on the unique role that statutes of repose can play in environmental litigation, says Anthony Cavender at Pillsbury Winthrop Shaw Pittman LLP.

  • Gov't Hiring Private Attys Is Proper As A Matter Of Law

    Linda Singer

    Various corporate defendants have vigorously fought, lost and refought challenges to the government’s ability to hire outside counsel on a contingent-fee basis. These failed efforts show why the use of outside counsel by government agencies, rather than being wrong, is entirely right, says Linda Singer, former District of Columbia attorney general now with Cohen Milstein Sellers & Toll PLLC.

  • No Minimum Level For R-Squared In Regression Analysis

    William Choi

    Presentations of regression analysis in litigation matters often emphasize the R-squared statistic, which provides, in a single number, a measure of how well the regression model fits the data. But is there a minimum threshold for R-squared? We reviewed 315 economics articles where a regression analysis was undertaken across three peer-reviewed journals published in 2014 and 2015 and observed a wide range of values for R-squared, s... (continued)