Product Liability

  • November 25, 2014

    Sony Settles FTC Suit Over Deceptive PlayStation Vita Ads

    Sony Computer Entertainment America on Tuesday agreed to settle Federal Trade Commission allegations that its launch advertising campaign touting “game-changing” features on its PlayStation Vita deceived consumers, saying it would offer either $25 in cash or a $50 voucher to eligible purchasers.

  • November 25, 2014

    Allstate Liable For 1 Limit In Lead Paint Suits: Top NY Court

    Separate tenants of a Rochester, New York, apartment who claimed injuries from exposure to lead paint must divide a single $500,000 Allstate Insurance Co. liability policy limit, New York's high court ruled Monday, finding that the exposures constituted a single occurrence despite efforts by the landlord to fix the condition.

  • November 25, 2014

    FDA Releases Long-Awaited Menu Labeling Rules

    The U.S. Food and Drug Administration issued final rules Tuesday that require chain restaurants, grocery stores and other food establishments to list caloric information on menus, long-awaited regulations intended to provide consumers with easily understood health information about their dietary choices.

  • November 25, 2014

    Pelvic Mesh MDL Plaintiffs Say Cases Should Be Combined

    The plaintiffs in pelvic mesh multidistrict litigation pressed a West Virginia federal judge Monday to consolidate 185 individual cases for an upcoming trial in January, saying that the cases are sufficiently similar and that individual trials would subject them to an unfair burden.

  • November 24, 2014

    Judge Raises Questions About Redefined J-M Pipe Class

    A California federal judge asked for further briefing Monday on Cambridge Lane LLC’s class certification bid over claims that J-M Manufacturing Co. Inc. falsely stated its PVC pipes met industry standards, saying further clarification is needed to determine whether purchasers and owners or just purchasers are included.

  • November 24, 2014

    GM Can't Keep Calif. Ignition Switch Suit Out Of State Court

    A New York federal judge on Monday remanded a California district attorney’s suit against General Motors LLC over its ignition switch defect back to state court, agreeing with the prosecutor that it was exempt from removal as a police-power action.

  • November 24, 2014

    Worker Says Immigration Info Spoils 'Popcorn Lung' Verdict

    A former factory worker who lost the first “popcorn lung” case tried in California on Monday urged a state appeals court to order a new trial, saying the trial judge’s telling jurors the plaintiff is an illegal immigrant was so prejudicial it “ruins” the whole trial.

  • November 24, 2014

    Honda Failed To Report 1,729 Deaths And Injuries Since 2003

    Since 2003, Honda Motor Co. has failed to report 1,729 deaths and injuries to the U.S. National Highway Traffic Safety Administration, the company announced on Monday after it sent the results of a third-party audit to the agency.

  • November 24, 2014

    Product Liability MVP: Covington & Burling's Paul Schmidt

    Covington & Burling LLP partner Paul Schmidt spent a busy year racking up trial and appellate wins for Hoffmann-La Roche Inc. in lawsuits over the alleged risks of gastrointestinal injury tied to the acne drug Accutane, earning him a spot among Law360's Product Liability MVPs.

  • November 24, 2014

    Honeywell To Pay $10M To Settle NJ Chromium Suit

    Honeywell International Inc. has agreed to pay just over $10 million to settle a class action alleging property damage and health risks caused by chromium pollution in Jersey City, New Jersey, according to a Friday filing in New Jersey federal court.

  • November 24, 2014

    Texas Court Won't Make Zimmer Retry Metal Plate Suit

    A Texas appellate court on Friday stepped in to prevent medical device maker Zimmer Inc. from facing a second trial over a metal plate implant, saying a trial judge had incorrectly granted a new trial based on juror misconduct to a man claiming faulty implants left him permanently disabled.

  • November 24, 2014

    Met Opera Loses Worker Injury Coverage Suit In NY Court

    The New York Court of Appeals ruled Monday that Mt. Hawley Insurance Co. has no obligation to defend the Metropolitan Opera House's owner in a personal injury suit filed by a worker, finding that the Met isn't an additional insured under a painting contractor's comprehensive general liability policy.

  • November 24, 2014

    BMW Cruises Out Of Class Action Over Mini Cooper Defects

    A California federal judge on Friday tossed a proposed class action that alleged BMW of North America LLC hadn't disclosed that transmissions in certain models are prone to premature failure, saying the plaintiffs’ claims were too vague.

  • November 24, 2014

    Deepwater Fraudster Deserves Harsh Sentence: 6th Circ.

    The Sixth Circuit on Monday affirmed the 15-year prison sentence of a former Detroit mayoral candidate who was convicted of filing a fake $2.58 million claim for damages suffered in the Deepwater Horizon oil spill, saying the upward variation in his sentence was warranted.

  • November 24, 2014

    Enviro Groups Want To Defend Maui GMO Ban In Court

    The Center for Food Safety and other advocacy groups moved Friday to defend a voter-approved moratorium on the cultivation and testing of genetically engineered crops in Hawaii's Maui County from a legal challenge mounted by Monsanto Co. and a Dow Chemical Co. affiliate.

  • November 24, 2014

    Fiat Chrysler Rebuts NHTSA Criticism Of Jeep Recalls

    Fiat Chrysler CEO Sergio Marchionne on Friday reportedly hit back at the National Highway Traffic Safety Administration’s criticisms that the automaker was not aggressively repairing 1.5 million Jeeps affected by a fuel-tank recall.

  • November 24, 2014

    GM Admits Ignition Switch Defect Led To 2004 Deadly Crash

    General Motors Co. on Monday told a Texas state court that a 2004 Saturn Ion involved in a deadly crash would have been included in the massive ignition switch recall, allowing a judge to overturn the conviction of a woman who had been accused of killing her fiance by driving under the influence.

  • November 24, 2014

    Classes Get Tentative OK In ConAgra 'Natural' Oil Actions

    A California federal judge on Monday tentatively ruled to certify classes in 10 states alleging ConAgra Foods Inc. falsely advertises its Wesson-brand vegetable oils as 100 percent natural even though they contain oils extracted from genetically modified organisms, relying on new expert evidence months after denying an earlier bid.

  • November 24, 2014

    FDA Warns Of Cancer Risk With Uterine Fibroid Surgery Tool

    A surgical device may spread cancer and shouldn't be used in gynecological surgery that involves cancer or fibroids, the U.S. Food and Drug Administration said in a Monday guidance update.

  • November 24, 2014

    FDA Dodges Consumer Groups' Mercury Labeling Suit

    A Washington, D.C., federal judge on Friday threw out a suit from consumer advocates accusing the U.S. Food and Drug Administration of dragging its feet on a rule requiring mercury labeling for seafood, finding that the agency is properly taking its time in weighing the risks and rewards of seafood consumption.

Expert Analysis

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historical time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Pa. High Court Tort Ruling Is Relief To Local Gov't

    Casey A. Coyle

    Zauflik v. Pennsbury School District represents a significant victory for local governments — had the Pennsylvania Supreme Court reached a contrary result it could have served as a catalyst for renewed challenges to the constitutionality of governmental immunity statutes nationwide, says Casey Coyle of Eckert Seamans Cherin & Mellott LLC.

  • 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 documentation 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.