A New York federal court ruled Wednesday that communications between General Motors and its outside counsel King & Spalding over ignition switch-related settlements are privileged documents, in a significant decision that attorneys say shows that plaintiffs cannot invoke the crime fraud exception unless they show that a defendant's attorneys actually participated in the alleged fraud.
Four insurers urged a Wisconsin federal court on Wednesday to grant their summary judgment motions and let them stop defending a whey supplier in a suit by Land O'Lakes over whey allegedly tainted with a urine byproduct, saying the supplier can't twist the underlying complaint to paint the adulteration as a covered accident.
A juror in the trial of former New York State Assembly Speaker Sheldon Silver raised eyebrows when she asked to be excused just two hours into deliberations, citing discomfort and stress. But it certainly wasn't the first time that discussions in the jury room became dramatic. Here, Law360 looks at four times the actions of jurors threatened to overshadow trials.
Proctor & Gamble recently urged the Eleventh Circuit not to revive multidistrict litigation claiming that zinc in Fixodent denture glue can cause neurological damage, saying a lower court didn’t err in concluding scientific evidence submitted by the denture users was too unreliable.
A pair of consumers defended their right to sue Procter & Gamble and Kellogg over labels indicating Pringles potato chips contain “0 trans fat” and vegetarian ribs use “evaporated cane juice,” respectively, telling a California judge on Wednesday that their testimony didn't undermine their bid for class certification as the companies had argued.
The U.S. Department of Transportation has delayed until March a new final rule mandating that hybrid and electric vehicles meet certain sound standards and be able to alert pedestrians, bicyclists and other motorists that they’re approaching.
An Atlanta jury hit Wright Medical Technology Inc. with an $11 million verdict Tuesday in the first bellwether trial in multidistrict litigation over its allegedly defective metal hip implant, finding that the plaintiff's implant was defective and that the company had misrepresented the safety of the device.
Volkswagen has developed a technical fix to recently-exposed emissions problems in millions of its European diesel cars, the company said Wednesday, though the solution won’t be available to automobiles in North America.
Drivers accusing Toyota, Ford and GM of leaving their vehicles’ computers vulnerable to hackers had their proposed class action claims dismissed in California federal court on Wednesday, after a judge said they haven’t shown that they’ve suffered any actual injury.
A Texas federal court Tuesday denied Halliburton Co.’s request to stay proceedings pending a Fifth Circuit appeal of an order certifying an investor class action that’s made two trips to the U.S. Supreme Court, saying the delay would prejudice investor claims that have been pending since 2002.
Oregon’s attorney general succeeded Wednesday in persuading a state appellate court to revive allegations that Johnson & Johnson broke the rules with an undisclosed “phantom recall” of defective batches of its painkiller Motrin that didn’t dissolve quickly enough.
Motley Rice LLC co-founder Joseph Rice's long reputation for creative approaches to complex settlements at the negotiating table, including his roles in reaching historic settlements with BP over the 2010 Deepwater Horizon disaster, landed him a spot on Law360's list of Product Liability MVPs for 2015.
A Florida woman suing Lieff Cabraser Heimann & Bernstein LLP for allegedly ruining her claims against several tobacco companies for her mother’s death urged a federal court on Tuesday to deny the firm’s attempt to dismiss her suit, saying her malpractice claims are not subject to a statute of limitations.
The Pennsylvania Supreme Court has refused to reinstate the license of a personal injury attorney who was disbarred following convictions on tax and health care fraud charges.
New case law demands a Texas federal court take another look at last year's ruling that Lexington Insurance Co. wasn't responsible for covering the $46.5 million class action settlement of a suit accusing The O'Quinn Law Firm of overbilling clients in suits over defective breast implants, the firm told the court Tuesday.
Kimberly-Clark urged a New York federal court on Tuesday to toss two shoppers' claims that certain Huggies brand disposable diapers and baby wipes are falsely advertised as “natural,” saying other cases the pair cited in support for their claims aren't similar enough.
Chicago's latest complaint accusing major pharmaceutical companies of downplaying the risks of long-term use of opioid painkillers has a stronger chance of surviving the pleading stage, as attorneys say new details focusing on doctors the drugmakers allegedly worked with to promote the drugs will likely persuade a court to allow the city to press its case.
A West Virginia federal judge on Tuesday trimmed some claims from a proposed class of Ford car owners claiming their vehicles are subject to sudden acceleration but told them they could file an amended consolidated complaint to fix a drafting error.
A California appellate court on Tuesday upheld a lower court’s dismissal of a suit filed against BMW by a man who claimed a four-hour motorcycle ride gave him an erection that lasted 30 hours, finding that the motorist failed to provide evidence linking the ride to his erectile dysfunction.
The New Jersey Supreme Court will review an appellate court's decision to toss a jury's $25 million award to a man who claimed Hoffmann-LaRoche Inc.'s acne drug Accutane caused him to lose his colon, agreeing to consider whether Alabama's two-year statute of limitations should apply rather than New Jersey law.
Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.
There is growing tension between steps taken by state and local officials to protect their constituents from perceived risks associated with the transportation of crude oil by rail and the pervasive and comprehensive federal authority over the railroad industry, says Raymond Atkins, leader of Sidley Austin LLP's transportation practice group and former general counsel of the Surface Transportation Board.
After years of uncertainty, controversy and litigation surrounding the use of “natural” on food labels, the U.S. Food and Drug Administration has begun accepting public comments on the issue — and industry reactions are already pouring in, say Sarah Brew and Courtney Lawrence at Faegre Baker Daniels LLP.
After four and a half years, the U.S. Food and Drug Administration recently finalized the first two of seven major rules required under the Food Safety Modernization Act, and the industry has already begun weighing in, says Brent Reichert at Robins Kaplan LLP.
The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.
Creating a rule in asbestos litigation whereby plaintiffs win with a heap of evidence, but lose with just grains of evidence, ends with competing arguments about heaps and grains that cannot be rationally resolved. Bringing risk factor epidemiology into the mix further confuses the matter, as demonstrated in the recent Pennsylvania district court decision in Mortimer v. A.O. Smith Corp., says David Oliver at Vorys Sater Seymour and Pease LLP.
Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)
While the Washington federal court's recent ruling in Hassebrock v. Air & Liquid Systems Corp. relates specifically to product liability claims against shipbuilders, the arguments and analysis may be persuasive in cases where manufacturers or distributors of products that may include some asbestos-containing component parts have been sued under product liability theories, says Paul Knobbe of Goldberg Segalla LLP.
A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.
Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.