Product Liability

  • August 24, 2016

    Calif. Theranos Actions Combined Into Single Suit

    A California federal judge has consolidated six proposed class actions against embattled blood-testing startup Theranos Inc. and Walgreens Boots Alliance Inc. alleging fraud and false advertising over the accuracy of the laboratory’s blood test results after determining consolidation would “save time and effort.”

  • August 24, 2016

    Ind. Homeowners Demand Johnson Controls' Vapor Test Data

    Hoosier State homeowners suing Johnson Controls Inc. over alleged groundwater contamination asked an Indiana federal court Tuesday to force the conglomerate to produce the results of an underground vapor sampling taken in their neighborhood, saying withholding the information could be dangerous.

  • August 24, 2016

    Judge Asked To Deny KBR’s Discovery Bid In Burn Pit MDL

    Military personnel asked a Maryland federal judge Wednesday to deny KBR Inc.’s motion for them to respond to certain discovery requests in multidistrict litigation contending service members were exposed to toxic fumes from a burn pit the defense contractor allegedly operated in Iraq, arguing that it would impose “an enormous burden” on them.

  • August 24, 2016

    New GM Can Argue Old GM Ignorance Of Ignition Defect

    The New York federal judge overseeing bellwether trials over GM’s ignition-switch defect said on Wednesday that New GM can retry the question of whether Old GM should have known about the defect before its 2009 bankruptcy, rejecting a driver’s bid to hold off on a redo.

  • August 24, 2016

    Whey Execs Dodge Urea Suit, Insurers Escape Coverage

    Former executives of a whey protein supplier accused by Land O’Lakes of selling it products tainted with urine byproduct secured quick favorable judgment Wednesday, and a group of insurers for the executives were also let off the hook by a Wisconsin federal judge for coverage of the debacle.

  • August 24, 2016

    Groups Tell FCC Wireless Car Tech Unsafe, Violates Privacy

    Consumer groups on Wednesday told the Federal Communications Commission that wireless technology that the auto industry will soon begin to deploy isn't safe, makes cars more susceptible to cyberattacks and is a violation of consumers’ privacy.

  • August 24, 2016

    Feds Update Hazardous Materials Commerce Regs

    The U.S. Department of Transportation has proposed new regulations for packaging and stowing certain hazardous materials during transport, updates that officials said Wednesday are intended to bring domestic rules in line with international standards.

  • August 24, 2016

    RJ Reynolds Owes For Longtime Smoker's Disease, Jury Told

    A former train conductor who had been smoking since he was 10 years old urged a Florida jury on Wednesday to find R.J. Reynolds Tobacco Co. liable for his lung disease, saying the company hid the dangers of smoking from him until he was hopelessly addicted.

  • August 24, 2016

    Ford Recalls 111K Vehicles To Fix Fuel Pump, Window Issues

    Ford will recall more than 111,000 vehicles for three separate issues including Ford and Lincoln models with fuel pump control modules that may cause an engine to stall or not start and Ford SUVs with power window software problems, the automaker said Wednesday.

  • August 24, 2016

    Target Faces Class Action Claiming Its Aloe Gel Has No Aloe

    A consumer slapped Target with a proposed class action in California federal court Tuesday alleging the retailer touts an aloe vera gel as containing “pure aloe vera” when the product actually lacks the popular ingredient.

  • August 24, 2016

    Enviros Ask 9th Circ. To Force New EPA Lead Paint Standards

    Environmental and community groups on Wednesday asked the Ninth Circuit to force the U.S. Environmental Protection Agency to update standards for neurotoxic lead-based paint and lead dust, claiming the EPA has taken too long to do so.

  • August 24, 2016

    Barnes & Thornburg Nabs Product Liability Pro From Bowman

    Barnes & Thornburg LLP has snagged a product liability and litigation partner from Bowman & Brooke LLP who needed a bigger platform for the work he was having to turn down in a boutique environment, the new hire said on Wednesday.

  • August 24, 2016

    Texas Atty Wants Stay Lifted In BP's Deepwater Fraud Suit

    Texas attorney Mikal Watts, who was acquitted last week of all fraud charges related to Deepwater Horizon settlement funds, asked a federal court Tuesday to lift a stay on BP PLC’s civil suit against him that has been on hold since February 2014.

  • August 24, 2016

    Medicare Settlements In Tainted Steroids MDL Get Early OK

    A federal judge in Boston on Wednesday gave provisional approval to a resolution of Medicare liens in the 2012 fatal meningitis outbreak linked to a local pharmacy, clearing an important hurdle to victims receiving settlement checks.

  • August 24, 2016

    Toyota Slapped With Suit Over Air Bag Defect Response

    Toyota was hit with a proposed class action in California federal court Wednesday by a Lexus owner saying the automaker’s lax response after a May recall of certain vehicles containing defective Takata air bag inflators flouted its warranty and caused her economic harm.

  • August 24, 2016

    Snoop Dogg, Wiz Khalifa Sued Over Concert Railing Collapse

    Snoop Dogg, Wiz Khalifa and Live Nation Worldwide Inc. were slapped Wednesday with a negligence lawsuit in Pennsylvania over a collapsed railing that injured fans and event workers during the rappers' "The High Road" tour stop in Camden, New Jersey, earlier this month.

  • August 24, 2016

    Zydus Can't Escape Wrongful Death Suit, Judge Says

    Zydus Pharmaceuticals can’t escape a wrongful death suit alleging the company negligently violated federal health statutes by not providing medication guide provisions, a Wisconsin federal judge said on Tuesday.

  • August 24, 2016

    Michelin, Takata Win $80M Rollover Crash Suit In Fla. Trial

    A Florida jury on Wednesday afternoon cleared Michelin and Takata in an $80 million suit that alleged a defective tire and seat belt caused catastrophic injuries in a 2009 rollover crash of a Chevrolet Trailblazer.

  • August 24, 2016

    Lawmakers Question Youth Football Group’s Safety Stats

    Federal lawmakers on Tuesday called on USA Football to explain why it has been citing allegedly false statistics on the success of its Heads Up Football program in reducing concussions and other injuries.

  • August 24, 2016

    3rd Circ. Won't Rehear NY Housing Authority Asbestos Claims

    The Third Circuit declined Monday to rehear claims brought by the New York City Housing Authority against construction materials supplier G-I Holdings Inc. after a panel decided that the company’s bankruptcy shielded it from having to remove asbestos-laden material from public housing.

Expert Analysis

  • New FDA 'Generally Recognized As Safe' Rule: What To Know

    Matthew Hegreness

    The U.S. Food and Drug Administration recently published its final rule on substances generally recognized as safe for their intended use in food, formalizing the voluntary GRAS notification procedure under which industry has operated for years and imposing certain requirements for such notifications that were not in place previously, say attorneys at Covington & Burling LLP.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Revolutionizing UK Product Recall Action?

    Alison Newstead

    Billed as “the U.K.’s first central register of electrical appliances,” a new recall database aims to address some of the most commonly reported shortcomings of the current recall system in the United Kingdom. Calls are also being made for swifter action by manufacturers to address safety issues, says Alison Newstead of Shook Hardy & Bacon LLP.

  • Rule Of Law Trumps Rhetoric In Chevron’s 2nd Circ. Win

    William E. Thomson

    The Second Circuit’s unanimous decision in Chevron v. Donziger is an important victory for the rule of law and should serve as a powerful warning to U.S. lawyers who are tempted to leave their ethics at the border when seeking to recover huge transnational judgments against U.S. corporations, say attorneys at Gibson Dunn & Crutcher LLP.

  • The Evolution Of Diacetyl-Related Litigation: Part 2

    Sherry A. Knutson

    The history of diacetyl litigation began when respiratory disease was discovered in nine workers at a Missouri microwave popcorn processing plant back in 2000. Today, there are several new players to the game including the growing industry of e-cigarettes and the accompanying liquids, which may be the next target in diacetyl and acetyl propionyl litigation, say Sherry Knutson and Jennifer Steinmetz at Tucker Ellis LLP.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

  • The Evolution Of Diacetyl-Related Litigation: Part 1

    Sherry A. Knutson

    For over a decade, plaintiffs attorneys have targeted the flavoring chemical diacetyl in a series of national lawsuits. In recent years, however, plaintiffs have shifted their focus to new industries and alternative chemicals, say Sherry Knutson and Jennifer Steinmetz at Tucker Ellis LLP.

  • Beware The 'Standard' Mediation Confidentiality Agreement

    Jeff Kichaven

    There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.