Product Liability

  • July 26, 2016

    PG&E’s Profit Push Led To Blast, Feds Tell Jury In Closing

    The U.S. government on Tuesday accused Pacific Gas and Electric Co. engineers of willfully prioritizing profits over upholding federal safety standards in closing arguments of a California federal criminal trial over the deadly 2010 San Bruno pipeline explosion.

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    J&J Can't Speed Up Appeal In Hip MDL, Patients Tell 5th Circ.

    A Johnson & Johnson unit facing thousands of lawsuits over its hip prosthetics shouldn’t get an expedited appeal after a trial loss, patients told the Fifth Circuit on Monday, arguing that the record from the second bellwether is too complex and voluminous.

  • July 26, 2016

    Heating Pad Co. Seeks Dismissal In Defect Suit

    A Helen of Troy Ltd. unit accused of selling dangerous heating pads asked a New York federal court Tuesday not to certify a class action, saying the suit was filed too late for a three-year statute of limitations.

  • July 26, 2016

    Insurer Says Defective Concrete Suit Doesn't Trigger Policies

    Old Republic General Insurance Co. asked a federal court Monday to rule that it does not have to defend a Florida building company in a pending lawsuit over defective concrete it provided for a project, saying the policies it issued clearly exclude the client's claims.

  • July 26, 2016

    J&J Can't Nix Causation Experts In 1st Tylenol Bellwether

    A Pennsylvania federal judge on Tuesday denied Johnson & Johnson's bids to prevent two causation experts from testifying during the first bellwether trial in multidistrict litigation over the alleged liver damage risks of various Tylenol products, rejecting the company's arguments that their opinions weren’t reliable.

  • July 26, 2016

    Volkswagen Gets Preliminary OK For $14.7B Emissions Deal

    A California federal judge on Tuesday granted preliminary approval to Volkswagen AG's deal, valued at $14.7 billion, to settle claims with consumers and the federal government related to its scheme to evade government-mandated emissions testing in some diesel engine cars.

  • July 26, 2016

    BMW Gets Class Fee Bid Reduced In Mini Cooper Engine Deal

    A New Jersey federal judge on Tuesday gave final approval to BMW's $30 million class settlement over allegedly defective Mini Cooper engines, also awarding the plaintiffs $2.1 million in attorneys' fees after the automaker argued that their $2.3 million fee bid was too high.

  • July 26, 2016

    NFL, Union Launch Concussion Enforcement Protocol

    The National Football League and the NFL Players Association on Monday said they have agreed to enforce a concussion protocol and will discipline clubs with heavy fines or forfeited future draft picks if they violate it.

  • July 26, 2016

    Pa. Judge Won't Ax $70M Risperdal Breast-Growth Verdict

    A Pennsylvania state judge on Monday rejected a Johnson & Johnson unit’s bid to nix a $70 million verdict awarded to a family that claimed an adolescent boy grew breasts after taking antipsychotic drug Risperdal, shooting down the company’s claims that the evidence didn’t support the award.

  • July 26, 2016

    FDA Updates Warnings For Antibiotics Class

    The U.S. Food and Drug Administration said Tuesday that it has signed off on safety labeling changes for a class of antibiotics known as fluoroquinolones, to bolster warnings about a link with potentially permanent side effects.

  • July 26, 2016

    Insurer Asks Pa. Judge To Nix Building Collapse Coverage

    An insurance company has urged a Pennsylvania judge to void coverage for an amateur demolition contractor implicated in a fatal 2013 building collapse in Philadelphia, arguing the contractor obtained the policy only through fraud.

  • July 26, 2016

    NHL Commish Disputes Link Between Hockey & Brain Injuries

    National Hockey League Commissioner Gary Bettman dismissed a link between hockey head injuries and the degenerative brain condition known as CTE in a letter to Sen. Richard Blumenthal that was filed Monday in multidistrict litigation over the issue.

  • July 26, 2016

    Drugmakers Say Rulings Don't Back Chicago Opioid Case

    Pharmaceutical companies that the city of Chicago accused of deceptively marketing addictive painkillers on Monday shot back at arguments that recent rulings from the U.S. Supreme Court and the Ninth Circuit back the city's case.

  • July 26, 2016

    FDA, Nonprofits Ask Ninth Circ. To Stay Perchlorate Case

    The U.S. Food and Drug Administration and the six nonprofits pushing it to ban the food additive perchlorate asked the Ninth Circuit on Monday to stay a lawsuit brought by the nonprofits over the agency’s alleged delay in acting on their petition to ban the substance, agreeing that if the agency acts by March 2017 the case would be moot.

  • July 26, 2016

    Intimidating Coconut Oil Maker Needs Sanctions, Court Told

    A woman who dropped class allegations that Carrington Tea falsely labels its coconut oil as "healthy" told a California federal court Monday that it is the tea company, not her attorney, who deserves sanctions, arguing it tried to intimidate her with its "baseless" motion.

  • July 26, 2016

    Adidas Asserts Class Bid Is Overbroad In Defective Shoe Suit

    Adidas filed court papers Monday asking a New York federal judge to deny class certification for a group of shoe buyers angry over the construction of its Springblade running shoes, which sport an innovative sole design that the buyers say fails rapidly.

  • July 26, 2016

    FDA Warning Wire: 'Slimy Build-Up' At Big Salad Co.

    This week’s U.S. Food and Drug Administration enforcement actions targeted a major seller of supermarket salads over bacteria and “slimy build-up,” cosmetic makers for extravagant skincare claims and an allergenic-extract maker for lousy equipment maintenance. Here’s a look at the discipline.

Expert Analysis

  • And Now A Word From The Panel: 4 All-Star MDLs

    Alan E. Rothman

    In honor of the recent Major League Baseball All-Star Game, this month’s column will name its own all-star team — four multidistrict litigations, across various categories, that changed or are changing the game, says Alan Rothman of Kaye Scholer LLP.

  • 2nd Circ. GM Ruling Shows Value Of Debtor’s Disclosures

    Darren Azman

    Bankruptcy Code Section 363 offers a powerful tool for a debtor in bankruptcy to sell its assets free and clear of liens and other interests. However, as the Second Circuit's recent decision in the Motors Liquidation Company case underscores, this power is not without limit, say Darren Azman and Megan Preusker at McDermott Will & Emery LLP.

  • Recent Off-Label Drug Cases Are A Road Map For The Future

    Dulce J. Foster

    Although the question of whether the government may properly use off-label speech as evidence of intent to misbrand a drug is likely to remain unsettled for years, two recent decisions offer clues to the government’s future off-label prosecution strategies, notwithstanding how that question is resolved, says Dulce Foster at Fredrikson & Byron PA.

  • Eliminating Ultrahazardous Activity Liability In Enviro Cases

    Thomas A. Manakides

    In toxic tort or environmental cases, both the causal chain and the equities at stake are markedly different compared to standard ultrahazardous activity cases. Such cases raise the question of whether an activity involving no known serious risks at the time it was carried out can give rise to strict liability decades later, say Thomas Manakides and Joseph Edmonds at Gibson Dunn & Crutcher LLP.

  • A Big Question For Self-Driving Car Developers

    Steven Baik

    For self-driving cars, it's possible to give artificial intelligence complete control over all perception and driving decisions, or AI can be used not at all or in limited ways to augment elaborate software. The choice might impact a self-driving car designer’s liability if its car crashes, say Steven Baik and Nathan Greenblatt of Sidley Austin LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • REBUTTAL: Let's Hope The Fla. High Court Undoes Daubert

    James W. Gustafson Jr.

    Contrary to a recent Law360 guest article, the Florida Legislature’s adoption of the Daubert standard has been a major distraction and burden for state courts that do not have the resources of the federal system, say James Gustafson at Searcy Denney Scarola Barnhart & Shipley PA and David Sales at David J. Sales PA.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • USDA Food Safety Data Plan Hints At Larger Institutional Goals

    Robert G. Hibbert

    With the U.S. Department of Agriculture’s Food Safety and Inspection Service's announcement of its plan to share more food safety data regarding slaughter and processing facilities, it seems clear that the agency hopes such publicity will provide additional stimulus for a race to the top in the area of pathogen reduction, say Robert Hibbert and Hilary Lewis at Morgan Lewis & Bockius LLP.

  • Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

    Christine R.M. Kain

    It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.