Product Liability

  • July 23, 2014

    5th Circ. Nixes Remand Of Elliott Co. Asbestos Suit

    The Fifth Circuit overturned a district court decision to remand to state court an asbestos case against turbomachinery manufacturer Elliott Co., ruling Wednesday that the company wasn't required to file a notice of removal to federal court since the case had already been removed.

  • July 23, 2014

    Lloyd's Insurers Target Cameron Over Gulf Of Mexico Blowout

    Underwriters at Lloyd's of London sued Cameron International and others in Texas federal court Tuesday, aiming to recover losses from a fire during gas drilling in the Gulf of Mexico allegedly tied to a defective blowout preventer and inadequate inspections.

  • July 23, 2014

    Vermont Sues Dollar Tree To Halt Jewelry Sales

    Vermont Attorney General William Sorrell announced Tuesday that the state has sued discount retail chain Dollar Tree Stores Inc. for violating the terms of a previous settlement that prohibited the company from continuing to sell jewelry.

  • July 23, 2014

    3rd Time's A Charm For Miss. AG's Plavix Remand Motion

    After twice failing to have his lawsuit against Bristol-Meyers Squibb Co. and Sanofi-Aventis U.S. LLC remanded, Mississippi Attorney General Jim Hood won a bid to move the suit back to state court after a New Jersey federal judge on Tuesday made an about-face in the venue dispute.

  • July 23, 2014

    GNC Ducks Herbal Testosterone Supplement RICO Action

    A California federal judge on Wednesday tossed a Racketeer Influenced and Corrupt Organizations Act class action against Gencor Nutrients Inc., oral supplement manufacturers and GNC Corp. over an allegedly discredited herbal extract touted as a testosterone-boosting silver bullet, ruling the claims were insufficient.

  • July 23, 2014

    GM Issues 6 Recalls Of More Than 700K Vehicles In US

    General Motors Co. on Wednesday said it is recalling 717,949 recent-model vehicles in the United States in six separate actions for a variety of reasons, all unrelated to the ignition switch defect.

  • July 23, 2014

    5 Detained In Chinese Expired-Meat Scandal

    Chinese authorities have detained five people in connection with a U.S. food company's Chinese meat supplier unit's alleged sale of expired meat to international fast food companies, including McDonald's, that have restaurants in China, authorities in Shanghai said in a brief statement Wednesday.

  • July 23, 2014

    National Guard Vet's Asbestos Suit Revived In Wash. Court

    A Washington state appeals court on Tuesday revived a former National Guardsman's lawsuit alleging the successor to an asbestos company is liable for damages stemming from his lung cancer diagnosis, holding there is sufficient evidence linking the illness to exposure to the company’s products.

  • July 23, 2014

    Chrysler Recalls Older Jeeps Over Ignition Switch Defect

    Chrysler Group LLC said Tuesday that it is recalling about 792,000 older Jeep models over an ignition switch defect that potentially causes engines to stall and airbags not to deploy properly, just one month after the National Highway Traffic Safety Administration opened an investigation into the issue.

  • July 23, 2014

    EU OKs Proposal Allowing Member States To Ban GMOs

    As the U.S. continues to push the European Union to soften its opposition to genetically modified organisms in international trade talks, EU leaders on Wednesday adopted a legislative proposal allowing member states to ban GMOs in their territories that have been approved at an EU-wide level.

  • July 23, 2014

    Whole Foods Hit With 'All Natural' Labeling Suit

    Whole Foods Market California Inc. mislabels several of its 365 Everyday Value brand products as “all natural” or “organic” when they actually contain artificial ingredients and nonorganic substances, according to a putative class action removed Tuesday to Arkansas federal court.

  • July 23, 2014

    Alex Energy Found Liable For W.Va. River Pollution

    A West Virginia federal judge on Tuesday found Alex Energy Inc. liable for violating the Clean Water Act and the Surface Mining Control and Reclamation Act by discharging pollutants at a West Virginia platinum mine into the Gauley River, ruling in favor of Sierra Club and two other environmental groups.

  • July 23, 2014

    Buyer Blasts Mercedes' Bid To Trim Faulty-Suspension Suit

    A Mercedes owner urged a Louisiana federal judge Tuesday to deny Mercedes-Benz USA LLC’s bid to trim claims in a suit alleging it installed a defective air suspension system in its GL model sport utility vehicles, despite marketing the vehicles as safe, arguing the suit shows the system contains a defect the carmaker refused to repair.

  • July 23, 2014

    DOT Floats Stricter Rules For Crude Oil, Ethanol Rail Transport

    The U.S. Department of Transportation on Wednesday proposed rules to safeguard the railroad transportation of flammable materials like crude oil and ethanol, including enhanced tank car standards and new braking controls and speed restrictions.

  • July 22, 2014

    Out-Of-State Accutane Users Shut Out Of Calif. Litigation

    A California judge stayed two suits in the consolidated injury litigation against Swiss drugmaker Hoffman-La Roche Inc. over its acne medication Accutane, saying Monday that California has a "miniscule interest" in the claims brought by the out-of-state plaintiffs who were prescribed the drug by non-California doctors.

  • July 22, 2014

    BP, Anadarko Want 2nd Shot At 5th Circ. Deepwater Decision

    BP PLC and Anadarko Petroleum Corp. asked the Fifth Circuit on Monday for another chance to show they were not liable for Clean Water Act violations tied to the Deepwater Horizon disaster and potentially billions in penalties, arguing the rig operators were liable.

  • July 22, 2014

    Burger King, Starbucks Tangled In Expired Meat Scare

    International fast food companies including Burger King Worldwide Inc. and chain coffee shop Starbucks Corp. on Tuesday said they had stopped selling products with meat from a U.S. food company's Chinese meat supplier unit that Chinese authorities are investigating for allegedly selling expired meat.

  • July 22, 2014

    BSH Seeks Sanctions In Moldy Washing Machine Suit

    BSH Home Appliances Corp. on Tuesday urged a California federal court to sanction a putative class of customers alleging they paid elevated prices for defective washing machines, arguing the plaintiffs engaged in bad-faith litigation and knowingly manipulated expert evidence.

  • July 22, 2014

    GM's Previous Ignition Switch Disclosures Sought In MDL

    General Motors LLC should immediately produce all pre-discovery disclosures in the multidistrict litigation over its deadly ignition switches and their impact on the value of GM cars because the documents were already handed over to the federal government, according to a Monday letter to a New York federal judge.

  • July 22, 2014

    Lexus Buyers Say Interiors Couldn't Take Florida Sun

    Two Lexus owners in Florida on Monday lodged a class action suit against the luxury vehicle company and its parent, a Toyota Motor Corp. unit, saying the company sold defective vehicles with interiors that couldn’t withstand the Florida heat.

Expert Analysis

  • Think Before You Transfer Your Product Liability Case

    Cynthia H. Cwik

    Despite a decline over the past eight years, the U.S. Judicial Panel on Multidistrict Litigation continues to grant far more product liability transfer motions than it denies. Considering parties' geography and preferences, among other factors, will help when advising clients with centralization and the selection of a transferee court, say attorneys at Jones Day.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • The Promise And Problem Of Genomic Marketing

    Ivan J. Wasserman

    Genomic scientific advances have brought the promise of "personalized medicines" to consumers, creating opportunities for marketers that have in turn brought the attention of the Federal Trade Commission and U.S. Food and Drug Administration, say Ivan Wasserman and La Toya Sutton of Manatt Phelps & Phillips LLP.

  • Calif. Is Particular About Secondary Exposure Liability

    Joel B. Crane

    Two California appellate courts recently decided cases that will significantly impact secondary asbestos exposure claims, differentiating between product manufacturers and premises owners, and may ultimately invite clarification from the California Supreme Court, say Joel Crane and Danila Toscano of Sedgwick LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • EPA May Threaten Reverse Distribution Of Pharmaceuticals

    Jonathan E. Wells

    The U.S. Environmental Protection Agency may adopt starkly different approaches toward regulating nonhazardous pharmaceuticals and pharmaceuticals containing hazardous ingredients, with additional inconsistencies between health care facilities and other retailers — a regulatory nightmare for industry, say Jonathan Wells and Elise Paeffgen of Alston & Bird LLP.

  • Calif. Retailers Are Not Required To Have AEDs, Yet

    Edward A. Stumpp

    The California Supreme Court's Verdugo v. Target Corp. is a reprieve — likely a temporary one — and falls short of providing guidance retailers can rely on in deciding whether to make automated external defibrillators available on their premises, say Edward Stumpp and Mitchell Langberg of Brownstein Hyatt Farber Schreck LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Conn. Ponders Liability In The Absence Of Evidence

    Ryan M. Frierott

    The question that remains, following oral argument in White v. Mazda Motor at the Connecticut Supreme Court, is to what extent an expert must conclusively rule out alternative causes of an incident in order to raise the malfunction theory of liability, say attorneys with Goldberg Segalla.