Product Liability RSS

  • April 15, 2014

    Ex-MLB Player To Hit Tribe With $10M Suit Over Casino Fall

    Former Major League Baseball star Brooks Robinson plans to sue the Seminole Tribe of Florida for more than $10 million for injuries he suffered in a fall at the tribe's casino and intends to challenge the damages cap in the state's gaming compact with the tribe, his attorney said Tuesday.

  • April 15, 2014

    The Great Persuader: 7th Circ. Chief Judge Diane Wood

    Seventh Circuit Chief Judge Diane Wood talks to Law360 about managing a court in crisis, surviving two U.S. Supreme Court near-misses, and tailoring crafty dissenting opinions that can change the mind of even the staunchest of ideological opponents.

  • April 15, 2014

    Mass. Court Upends Gov.'s Zohydro Ban

    A Massachusetts federal judge on Tuesday blocked plans by Massachusetts Gov. Deval Patrick to ban the controversial painkiller Zohydro ER, siding with the drug's manufacturer Zogenix Inc.'s argument that the planned ban is preempted by federal law. 

  • April 15, 2014

    Donziger Owes Atty Fees Despite No Damages, Chevron Says

    Chevron Corp. on Monday reiterated a demand for $32 million in attorneys' fees it spent discrediting an Ecuadorian court’s $9.5 billion pollution judgment, contending that its victory on racketeering claims against opposing attorney Steven Donziger triggers a fee award automatically.

  • April 15, 2014

    NY County Raises Tobacco Sales Age Limit To 21

    New York's Suffolk County joined the ranks of some of the strictest counties in the country on tobacco sales when it greenlighted a measure Monday to raise the age for the purchase of all tobacco products and e-cigarettes to 21 years old. 

  • April 15, 2014

    Dow Unit Left On Hook In NY Bakelite Asbestos Death Suit

    A New York appellate court on Tuesday affirmed a decision keeping Dow Chemical Co. unit Union Carbide Corp. as a defendant in an asbestos death suit brought by the widow of a Cadillac parts purveyor who said his work with material sold under the Bakelite trade name caused his pleural mesothelioma diagnosis.

  • April 15, 2014

    Texas Justices Asked To Rethink $10M Gas Explosion Suit

    Crosstex Energy Services LP asked the Texas Supreme Court a second time Monday to revive a $10 million suit it filed against Pro Plus Inc. over a natural gas pumping station explosion, saying the court’s March decision leads to a draconian interpretation of a filing deadline.

  • April 15, 2014

    Health Groups Muscle In On Hawaii GMO Ordinance Suit

    A federal judge on Monday allowed public health advocacy groups to throw their weight behind a Hawaii county fighting efforts by agribusiness units of Syngenta AG, BASF SE and other multinational corporations to overturn legislation restricting their cultivation of genetically engineered crops.

  • April 15, 2014

    Judge Limits Attys' Fees In $53M IPhone Deal To 25%

    A California federal judge on Monday slashed the attorneys' fees requested in a $53 million settlement to a class action alleging that Apple Inc. wrongfully refused warranty coverage on iPhones and iPods, saying the plaintiffs’ attorneys hadn’t shown they deserved more.

  • April 15, 2014

    2nd Circ. Tosses Smokers' Suit After NY High Court Answer

    The Second Circuit on Monday threw out a proposed class action by a group of smokers seeking to charge Philip Morris USA Inc. for medical tests, based on a December ruling by New York state’s highest court that their claims for such tests were not tied to actual injury.

  • April 15, 2014

    Kia Asks Texas Justices For Redo On Airbag Defect Opinion

    Kia Motors Corp. on Monday called on the Texas Supreme Court to retract a ruling that erased a nearly $1 million award for the family of a woman who died when a Kia Spectra airbag failed to deploy, saying the family is not entitled to a new trial and should take nothing.

  • April 15, 2014

    Great American Seeks To Limit Meningitis Outbreak Coverage

    Great American E&S Insurance Co. asked a Connecticut federal court on Monday for declaratory judgment that it is not obligated to indemnify contamination control supplier Liberty Industries Inc. for Liberty’s role in a 2012 meningitis outbreak that killed 64 people.

  • April 15, 2014

    11th Circ. Urged Not To Publish Duty-To-Defend Ruling

    A boat manufacturer fought Continental Insurance Co.'s request that the Eleventh Circuit publish a recent decision in an injury coverage suit, arguing Monday that the appeals court did not tackle an issue of first impression when it relied on extrinsic evidence to decide the insurer's defense obligations.

  • April 15, 2014

    Pasta Maker Forks Over $8M In Low-Carb Labeling Deal

    Post Holdings Inc. unit Dakota Growers Pasta Co. has agreed to spend $7.9 million and change the labeling on its Dreamfields Pasta to settle class claims that it falsely hawked the brand as containing fewer digestible carbohydrates than traditional pasta, according to settlement papers filed Monday.

  • April 15, 2014

    Hawaiian Airlines Faces FAA Fine Over Plane Inspections

    Hawaiian Airlines Inc. is facing a nearly $550,000 fine from the Federal Aviation Administration, which alleged Monday the company didn't inspect one of its airplanes for an engine safety issue as the agency had instructed.

  • April 14, 2014

    The Plaintiffs Atty Who Exposed GM's Fatal Flaws

    Three years ago, plaintiffs attorney Lance Cooper found something unusual about the ignition key on a 2005 Chevrolet Cobalt that crashed, killing his clients' 29-year-old daughter: It was in the wrong position at impact. That inconsistency led to Cooper's extraordinary discovery that General Motors Co. ignition switches were defective and ultimately pushed the automaker into its largest crisis since its 2009 bankruptcy.

  • April 14, 2014

    Drilling Services Co. Sues BP For Lost Business In Gulf

    An oil-drilling services company sued BP America Inc. in Louisiana federal court Monday, alleging that BP is liable under the Oil Pollution Act to compensate the company for the irreparable harm it says it has suffered since the Deepwater Horizon oil spill.

  • April 14, 2014

    Bayer Escapes Bulk Of Trasylol Off-Label Marketing Suit

    A New Jersey federal judge on Friday cut down a long-running employee whistleblower suit accusing Bayer Corp. of fleecing government health programs by pushing off-label uses of heart-surgery drug Trasylol and breaching anti-kickback law, ruling that violations of federal misbranding law alone are insufficient to trigger False Claims Act liability.

  • April 14, 2014

    AIG Says Sinkholes Fell Outside Texas Brine Policy Period

    Two American International Group Inc. units on Monday asked a federal judge to find they have no duty to cover salt producer Texas Brine Co. in litigation over the company’s alleged responsibility for a potentially dangerous 2012 Louisiana sinkhole that led to forced evacuations.

  • April 14, 2014

    Exxon Accused Of Damaging Engines With Bad Gas Batch

    ExxonMobil Corp. was hit with a putative class action in Louisiana federal court Thursday that accuses it of knowingly selling a batch of defective fuel that damaged the engines of users' vehicles.

Expert Analysis

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Are You Covered For Food Product Recalls?

    Joshua D. Davey

    While relatively few food recall claims have been litigated, there is a small body of case law that has developed in the last few years highlighting important considerations for policyholders. The cases generally hold that there is no coverage for a purely prophylactic recall, a result that has the potential to exclude a significant number of recalls from coverage — policyholders must demonstrate actual contamination or mislabeling, says Joshua Davey of McGuireWoods LLP.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Consequential Damages Clause At Heart Of $100M Dispute

    Rick Robinson

    In Biotronik AG v. Conor Medsystems Ireland Ltd., the New York Court of Appeals ruled that a no consequential damages clause in a distribution agreement did not preclude the distributor from proceeding with a claim for lost profit damages. A manufacturer must recognize that, if it breaches an agreement, the clause may not protect it from claims on the sale of a product had the agreement not been breached, say Rick Robinson and Glen Banks of Norton Rose Fulbright.

  • Keep Your Audience From Checking Email: 5 Legal Talk Tips

    Michael H. Rubin

    Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.

  • NY Medical Monitoring Cases Are Ones To Watch

    Kristie Tappan

    A New York state appeals court recently refined the New York Court of Appeals' ruling in Caronia v. Philip Morris USA Inc., allowing plaintiffs to pursue medical monitoring as a form of damages where they had an existing tort cause of action. Parties can expect further litigation on the issue of what constitutes physical injury sufficient to seek damages for medical monitoring since injury can be an entryway for such damages, says Kristie Tappan of Sedgwick LLP.

  • More Lift For Airlines Defending State Law Tort Claims

    William V. O’Connor

    The recent Ninth Circuit ruling in Ventress v. Japan Airlines correctly affirms years of preemption jurisprudence holding that state law claims that intrude upon the federally regulated area of aviation safety will be preempted. This well-reasoned approach furthers Congress’ goal of creating a uniform system of aviation safety, and provides airlines with another tool in their kit to combat state law claims, employment or otherwise, say attorneys with Morrison & Foerster LLP.

  • A Remarkable New Tool For Multijurisdiction Coordination

    Daniel Pariser

    Legal practitioners should pay heed to the recently published "Multijurisdiction Litigation Guide," a joint project by the National Center for State Courts, U.S. Judicial Panel on Multidistrict Litigation and Federal Judicial Center. The guide represents a remarkable consensus of well-known federal and state judges on the benefits of coordination and offers judges and attorneys an unprecedented collection of concrete resources to achieve coordination, say Daniel Pariser and Matthew Sullivan of Arnold & Porter LLP.

  • Drug Design Defect Claims Post-Bartlett

    Anand Agneshwar

    In conjunction with PLIVA Inc. v. Mensing, the U.S. Supreme Court’s recent decision in Mutual Pharmaceutical Co. v. Bartlett effectively forecloses state law product liability claims against generic manufacturers. However, plaintiffs, citing the so-called Bartlett footnote, argue that design defect claims are not preempted if the prescription drug was misbranded under federal law — despite the footnote being a red herring, say Anand Agneshwar and Anna Thompson of Arnold & Porter LLP.

  • How Will Halliburton Affect Product Liability Cases?

    William H. Voth

    While the fate of securities fraud class actions has garnered most of the attention from the U.S. Supreme Court's forthcoming decision in Halliburton Co. v. Erica P. John Fund Inc., little has been paid to the possible ramifications for product liability or mass tort cases. Halliburton seems unlikely to affect the use of presumptions of reliance in product cases given state consumer protection statutes and common law of fraud, say William Voth and Maggie Maurone of Arnold & Porter LLP.