Product Liability

  • September 23, 2016

    Obama Vetoes Terror-Suits Bill, Backers Say Override Coming

    President Barack Obama on Friday vetoed a bill to allow victims of terrorist attacks on U.S. soil to sue foreign governments over the attacks, which was proposed by lawmakers citing Saudi Arabia's possible connection with the 9/11 attacks, saying the law would undermine principles of sovereign immunity.

  • September 23, 2016

    Judge Rips Kirkland, Facebook For Sending Junior Attorney

    A Brooklyn federal judge reportedly came down hard on a Kirkland & Ellis LLP associate in a pre-motion conference on Thursday, taking the young lawyer’s firm to task for sending him instead of a partner to defend Facebook Inc. against claims it facilitated international terrorism.

  • September 23, 2016

    GSK Still Wants Hearing On Expert Of Reed Smith Atty's Widow

    GlaxoSmithKline PLC on Thursday urged an Illinois federal court not to call off a pretrial hearing to vet the mental health expert of a widow of a Reed Smith LLP partner who killed himself after taking the company's antidepressant, saying it is making a legitimate request for information.

  • September 23, 2016

    Claims In Fiat Chrysler Car-Hacking Suit Trimmed By Judge

    An Illinois federal judge on Friday kept alive a proposed class action alleging Fiat Chrysler’s automobiles have a defective internet connectivity system that allows hackers to take control of the vehicle, but significantly trimmed the drivers’ claims.

  • September 23, 2016

    Lenovo Says Apple Earbud Win Subverts Adware Class Claims

    Lenovo told a California federal judge Friday that customers who claim they could be harmed in the future by hidden adware preinstalled on their computers don’t qualify for class certification in multidistrict litigation, citing a 2010 Ninth Circuit decision that threw out claims that Apple's iPod headphone carried an undue risk of hearing damage.

  • September 23, 2016

    Exxon Can't Avoid $2.6M Spill Fine, PHMSA Tells 5th Circ.

    The U.S. Pipeline and Hazardous Materials Safety Administration asked the Fifth Circuit on Friday to uphold a $2.6 million fine levied against ExxonMobil Pipeline Co. over a spill, saying the company unreasonably concluded that an Arkansas pipeline was not susceptible to seam failure.

  • September 23, 2016

    Duke Energy Agrees To Pay NC $6M For River Pollution

    North Carolina's environmental regulator said Friday it reached a $6 million settlement with Duke Energy to resolve environmental violations related to the energy company's 2014 coal ash spill at its Dan River power plant.

  • September 23, 2016

    Takata Didn’t Disclose 2003 Rupture To NHTSA, Report Says

    Takata Corp. withheld information from the National Highway Traffic Safety Administration regarding a 2003 air bag rupture in Switzerland possibly caused by the defect that led to the largest automotive recall campaign in history, a Takata internal investigation released Friday said.

  • September 23, 2016

    Judge Puts Some Claims To Rest In Wall Bed Defect Suit

    A New York federal judge on Thursday tossed several claims from a man’s suit claiming that he was injured when his wall bed collapsed beneath him, saying that he hadn’t offered any evidence of an alternative design that would be both technically feasible and commercially viable.

  • September 23, 2016

    Tobacco Cos. Slammed With $9M Verdict In Engle Trial

    A Florida jury on Friday hit R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. with a total of $3 million in punitive damages in an Engle progeny trial over a longtime smoker's lung cancer death, adding to a $6.1 million compensatory verdict awarded in the case earlier this week.

  • September 23, 2016

    2nd Circ. Says CoreLogic Doesn't Have To Pay $4M In FTC Suit

    The Second Circuit on Friday upheld a lower court’s ruling that LeadClick Media LLC violated the Federal Trade Commission Act through its role in a deceptive marketing scheme for weight-loss products but differed in finding that parent company CoreLogic wasn’t required to pay out $4.1 million.

  • September 23, 2016

    Sugar Co. Let Stones Into Yogurt Ingredients, Suit Says

    AmCane Sugar LLC has asked that Ohio federal court, rather than a state court, hear a suit accusing it of selling tainted evaporated cane juice to a company that prepares fruit chunks for Chobani yogurts, which sued after receiving sweetener that was allegedly littered with rocks and stones.

  • September 23, 2016

    Philip Morris Beats $19M Engle Progeny Suit At Trial

    Philip Morris USA Inc. is not liable in a $19 million Engle progeny trial brought by the widow and daughter of a chain-smoking clothing store owner who died of lung cancer, a Miami jury decided on Thursday.

  • September 23, 2016

    Apple Hit With Class Action Over Alleged Mac Pro Defects

    Apple Inc. on Thursday was slapped with a proposed class action in California state court alleging that its 2013 line of Mac Pro computers contain defective components that cause them to freeze, crash and eventually render them useless.

  • September 23, 2016

    Texas Justices Won't Review Medical Device Claims Ruling

    The Texas Supreme Court Friday denied a medical device manufacturer’s request for review of an appellate court ruling that personal injury claims aren’t subject to the same tort-reform requirements imposed on health care liability claims, despite the company’s argument it’s a health care provider.

  • September 23, 2016

    Domino’s Liable For Driver’s Car Accident, Justices Hear

    A man awarded more than $31 million by a Texas state jury when a Domino’s delivery driver killed one person and injured another in a car accident has asked the U.S. Supreme Court to review the case after a Texas state appeals court overturned it, saying the ruling denied his right to a fair trial.

  • September 23, 2016

    Liberty Can't Appeal Asbestos Cap Ruling, Court Finds

    Liberty Mutual cannot appeal a ruling that it could be liable for more than $10 million in asbestos personal injury claims against a policyholder, valve maker Fairbanks, because the time is not right, a New York federal judge said Thursday.

  • September 23, 2016

    Deepwater Appeal Still Has Life, BP Tells 5th Circ.

    BP Exploration & Production Inc. urged the Fifth Circuit to keep alive the company's appeal of the liability finding in the Deepwater Horizon litigation, saying Wednesday its settlement with the federal government doesn't warrant tossing its appeal over general maritime law claims brought by private plaintiffs and local governments.

  • September 23, 2016

    China Moves To Reopen Market To US Beef

    The Chinese Ministry of Agriculture on Thursday announced that it is lifting its decade-plus mad cow disease-based ban on U.S. beef.

  • September 23, 2016

    Consumers Defend Starbucks Underfill Class Action

    Starbucks drinkers vehemently defended an Illinois federal court class action over beverage underfilling on Thursday, saying Starbucks promises a certain amount of fluid but replaces a discretionary portion of that with ice, a solid.

Expert Analysis

  • 9th Circ. Limits CDA Immunity From Failure-To Warn-Cases

    Tyler Newby

    Although the Ninth Circuit's recent opinion in Beckman v. Match.com is unpublished, it creates a potentially troubling gap in the Communications Decency Act immunity protecting online services from suits based on the conduct of their users, say Tyler Newby and Hanley Chew of Fenwick & West LLP.

  • Triclosan: Proposition 65’s Next BPA?

    Gabriel J. Padilla

    A new rule from the U.S. Food and Drug Administration bans the sale of over-the-counter antibacterial soaps containing certain chemicals, including triclosan. With this recent federal ban, and the growing evidence that triclosan may be harmful to human health, it could end up on the list of chemicals subject to California's Proposition 65 warning requirements, says Gabriel Padilla of Bick Law LLP.

  • What To Know About New NHTSA Self-Driving Cars Policy

    Michael R. Nelson

    With the release of its long-awaited guidelines on the regulation of highly automated vehicles Tuesday, the National Highway Traffic Safety Administration appears to be providing automakers a great deal of latitude. However, consumer watchdogs will likely cite the string of recent product recalls as evidence that automakers cannot and should not be allowed to police themselves, says Michael Nelson of Sutherland Asbill & Brennan LLP.

  • The Yates Memo And Parallel Products Liability Litigation

    Geoffrey M. Drake

    There has been little discussion of the potential impact of the Yates Memo on parallel civil litigation — particularly product liability and other types of mass tort litigation — or of the reactionary measures that companies and their executives and other employees may be taking in response, says Geoffrey Drake of King & Spalding LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • The Return Of Evaporated Cane Juice Class Action Claims

    Stephen R. Freeland

    The Ninth Circuit's decision in Kane v. Chobani earlier this year was viewed as a temporary breather for food companies facing class actions challenging the use of "evaporated cane juice." But a California federal court's recent decision in Swearingen v. Santa Cruz Natural may signal a revival of cases involving such claims, says Stephen Freeland of Venable LLP.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • Parsing Negligence Vs. Gross Negligence In New Jersey

    Timothy R. Freeman

    In Steinberg v. Sahara Sam’s Oasis LLC, the New Jersey Supreme Court attempted to provide guidance regarding the nebulous but important distinction between ordinary negligence and gross negligence. The often subjective distinction can have significant implications for corporate defendants in personal injury lawsuits, says Timothy Freeman of Sedgwick LLP.

  • Secretly Guiding A Jury’s Emotions

    Roy Futterman

    Jurors’ emotional and behavioral responses to the events at a trial depend on their perceptions of intent. If trial attorneys can adopt the methods of certain ancient philosophers and modern psychologists to regulate how jurors perceive the intent behind each party’s behavior, they can affect juror decision-making, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • Manufacturing Mishaps Don't Make For Plaintiff Paydays

    Carolyn R. Davis

    An Oregon federal court's decision in Hamilton v. General Mills rightfully curbed yet another class action effort to capitalize on an isolated manufacturing error. As in a similar California action, the court rightfully rejected the plaintiff's argument as a creative effort to paint General Mills’ accidental mislabeling incident as a fraudulent or deceptive scheme, says Carolyn Davis of Weil Gotshal & Manges LLP.