Product Liability

  • November 25, 2015

    GM Ruling On Atty Docs Shows High Bar For Fraud Exception

    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. 

  • November 25, 2015

    Land O'Lakes' Whey Suit Not About Negligence, Insurers Say

    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.

  • November 25, 2015

    4 Times Drama Rocked Jury Deliberations

    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.

  • November 25, 2015

    P&G Says Fixodent Users' Appeal Is Backed By Bad Evidence

    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.

  • November 25, 2015

    Shoppers Defend Cert. Bid In P&G, Kellogg False Ad Suit

    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.

  • November 25, 2015

    DOT Delays 'Quiet Car' Sound Rule Until March

    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.

  • November 25, 2015

    Wright Hit With $11M Jury Verdict In Hip Implant Bellwether

    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.

  • November 25, 2015

    Volkswagen Says It's Devised Fix For European Diesels

    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.

  • November 25, 2015

    Toyota, Ford, GM Topple Car-Hacking Claims

    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.

  • November 25, 2015

    Halliburton Can't Stay Investor Suit For 5th Circ. Appeal

    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.

  • November 25, 2015

    Ore. Gets Suit Over J&J's Motrin 'Phantom Recall' Revived

    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.

  • November 25, 2015

    Product Liability MVP: Motley Rice's Joseph Rice

    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.

  • November 25, 2015

    Fla. Woman Says Time Not Up In Suit Against Lieff Cabraser

    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.

  • November 25, 2015

    Pa. High Court Won't Reinstate Atty Disbarred Over Fraud

    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.

  • November 25, 2015

    O'Quinn Says Insurer's Win In Billing Suit Flouts Rulings

    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.

  • November 25, 2015

    Huggies Maker Pushes To Toss 'Natural' False Ad Suit

    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.

  • November 24, 2015

    Chicago Improves Opioid Case With Details About Doctors

    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.

  • November 24, 2015

    Ford Throttle Defect Suit Moves Forward With Fewer Claims

    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.

  • November 24, 2015

    BMW Not To Blame For Biker's 30-Hour Erection: Calif. Court

    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.

  • November 24, 2015

    NJ High Court To Review Reversal Of $25M Accutane Verdict

    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.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    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.

  • Testing The Limits On State Regulation Of Crude Oil By Rail

    Raymond Atkins

    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.

  • FDA Takes A Step Forward On 'Natural' Food Labeling


    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.

  • 2 FSMA Final Rules Give Industry Food For Thought

    Brent L. Reichert

    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.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    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.

  • Grains, Heaps And Risk Factors In Pa. Asbestos Litigation


    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.

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    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)

  • Naval Vessel Is Not The Sum Of Its Asbestos-Containing Parts

    Paul L. Knobbe

    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.

  • 3 Ways Technology Is Changing Law Office Designs


    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.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    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.