BP PLC asked the Fifth Circuit on Monday to expedite its bid to claw back payouts it made under a since-overturned claims calculation in its $9.2 billion settlement in the Deepwater Horizon multidistrict litigation, saying that there won’t be any money left to recover if the appeal goes too long.
A Texas appeals court on Tuesday affirmed a lower court's judgment for Abraham Watkins Nichols Sorrels Agosto & Friend LLP, in a malpractice suit alleging the firm forced its clients to settle a $10 million suit stemming from a BP PLC refinery explosion for pennies on the dollar.
A California jury has walloped Toyota Motor Corp. with a $12.5 million verdict, finding a defectively designed lap seat belt caused a passenger riding in a sport utility vehicle that crashed into a tree in a drunk driving accident to become a paraplegic.
Bringing an eight-week bellwether trial to a close in Dallas federal court, a hip implant patient on Tuesday accused Johnson & Johnson's DePuy Orthopaedics Inc. unit of putting marketing and sales before safety in its allegedly defective Pinnacle line of metal-on-metal implants.
Pfizer Inc. on Tuesday fought what it called the plaintiffs' bid for a "do-over" on a Pennsylvania federal court's Daubert rulings in multidistrict litigation over its antidepressant Zoloft's alleged risk of birth defects, arguing that the plaintiffs should not be allowed to name a new expert after the deadline has passed.
A Michigan federal judge on Tuesday signed off on a settlement between Enbridge Energy Partners LP and a developer that sought damages for a 2010 oil spill that dumped more than 20,000 barrels of crude oil into the Kalamazoo River, putting the brakes on an upcoming jury trial.
The National Hockey League was hit with a multidistrict action Monday in Minnesota federal court over concussion-related injuries, with former players accusing the league of failing to inform them about the increasing research linking concussions to serious cognitive ailments.
The Fifth Circuit on Monday tossed a widower’s suit against Toyota Motor Corp. alleging that defective air bags in his wife's 2010 Highlander led to her death, saying that Texas law requires claims for manufacturing defects to cite more than just deviation from the automaker's performance standards.
Mercedes-Benz USA LLC told a California federal judge on Monday that consumers’ supposed reliance on its “reputation” can't be used to pursue claims that it allegedly failed to fix leaks present in Sprinter model van air-conditioning units, asking that the class action be tossed.
A group of defendants facing civil claims over a fatal building collapse in Center City Philadelphia urged a state judge on Monday to protect their right against self-incrimination and issue a stay while they appeal an order forcing them to give depositions as part of the litigation.
The Third Circuit on Tuesday refused to revive a putative class action accusing GlaxoSmithKline PLC of violating the warranty on its diabetes drug Avandia, ruling a label declaring the drug “safe and effective” was not enough to create a warranty under New Jersey law.
The Tenth Circuit on Monday affirmed a lower court's decision that Ace American Insurance Co. and Zurich American Insurance Co. did not wrongfully deny Headwaters Resources Inc. coverage in product liability and pollution suits, saying that the policies clearly contained pollution exclusions.
Attorneys on both sides of multidistrict litigation over deaths and injuries caused by alleged unintended acceleration defects in Toyota Motor Corp. vehicles told a California federal judge on Tuesday that the settlement process has been efficient and effective, saying more than half of nearly 250 individual lawsuits have been resolved.
Exxon Mobil Corp. on Tuesday pushed back against arguments that it seeks to “rewrite” the Clean Water Act by saying oil spill liability should be limited to oil that reaches navigable waters, arguing in Arkansas federal court that the act makes no mention of air or ground pollution.
The U.S. Food and Drug Administration on Tuesday finalized new policies on oversight of drug manufacturing plants, adopting an aggressive stance on its photography powers while also describing situations in which it’s acceptable to inhibit inspections.
A New Jersey federal judge overseeing multidistrict litigation over whether Pfizer Inc. conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses on Monday appointed a special master to handle a dispute over attorneys' fees between opt-out plaintiff Walgreen Co. and class counsel.
The Canadian and Mexican governments said on Monday that they are prepared to pursue hefty economic retaliation if the U.S. will not budge from its controversial meat labeling regulations, which have now been struck down by World Trade Organization panels on three different occasions.
The state of Alabama has asked the Louisiana federal judge overseeing multidistrict Deepwater Horizon litigation to throw out counterclaims that would subtract BP PLC expenditures from a possible judgment the state could receive in a pending trial, one of a flurry of pretrial filings from BP, federal and state governments.
The Bank of England on Monday suspended the part of its system that handles high-value daily payments between U.K. banks after the system encountered a “disruption,” prompting the bank to launch a formal investigation into what caused the crash, which held up bank transfers and home purchases.
A team of public-relations specialists have filed a suit accusing a pair of Houston-based law firms and their principal attorneys of cheating them out of $7.9 million in fees for bringing the firms some 10,000 clients filing claims for damages from the Deepwater Horizon disaster.
The inadequacies of party selection are particularly troubling when compared to random selection, which yields representative plaintiffs, is fair to both sides, and also produces valuable information for courts and litigants, say Loren Brown and Matthew Holian at DLA Piper LLP and Dov Rothman at Analysis Group Inc.
What constitutes an excessive fine has been articulated by the U.S. Supreme Court as a proportionality test, and, as Pacific Gas & Electric Co. argued in its brief before the California Public Utilities Commission, courts sometimes measure excessiveness in penalties by reference to fines levied in other, like circumstances, says Michael Dotten of Marten Law PLLC.
The Court of Federal Claims' recent decision in DiMare Fresh Inc. v. U.S. should prevent a flood of takings claims in the wake of garden-variety governmental warnings. Any other holding would have stifled the U.S. Food and Drug Administration's ability to issue timely and potentially life-saving health warnings to the public, say Ann Havelka and Jara Settles of Shook Hardy & Bacon LLP.
Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.
In the last 15 years, a few courts have expressed greater resistance to the protection the learned intermediary doctrine provides pharmaceutical companies given the way medications are prescribed and advertised since the rule was originally developed, say Keri Arnold and Sarah Duncan of Arnold & Porter LLP.
California's Safer Consumer Products Regulation will be closely watched given the potential for its broad application — indeed, following its enactment, Congress attempted to develop nationwide green chemistry initiatives, say Joshua Bloom and Christopher Jensen of Barg Coffin Lewis & Trapp LLP.
It may well be a good thing that the D.C. Circuit's Ivy Sports Medicine LLC v. Burwell decision does not apply to medical devices currently under review — if the U.S. Food and Drug Administration knew it could only rescind a 510(k) clearance through the cumbersome rulemaking process it might become even more conservative about granting clearances, says Lynn Tyler of Barnes & Thornburg LLP.
The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.
Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.
If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.