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Product Liability
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May 17, 2013
NYC Ferry Owner Hit With Injury Claims Over January Crash
The owner of a high-speed commuter ferry that crashed in January while docking near Wall Street in lower Manhattan has been hit with 45 claims from passengers and commuters seeking more than $75 million in damages in New Jersey federal court.
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May 17, 2013
Texas Joins Other Gulf States, Hits BP With Deepwater Suit
Texas became the fifth state to take BP PLC to court over the massive Deepwater Horizon oil spill, lodging an enforcement action against the company Friday demanding civil penalties and economic damages caused by the estimated 4.9 million barrels of oil released into the Gulf of Mexico.
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May 16, 2013
LandAmerica Trustee Sues To Erase PE Firm's $10M Claim
Bankrupt title insurer LandAmerica Financial Group asked a Virginia bankruptcy court Wednesday to toss a $10 million claim brought by American Capital Ltd. accusing a company subsidiary of failing to catch defects in two apartment complexes secured by loans in a risky mortgage-backed investment vehicle.
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May 15, 2013
Indian Harbor Wants No Part Of San Diego Gas Leak Suits
The city of San Diego's primary insurer Indian Harbor Insurance Co. lodged a complaint against the municipality’s excess insurer in New York federal court Tuesday, arguing that it has no obligation to defend the city against a trio of underlying sewer pipe gas leak suits.
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May 15, 2013
First Responders Sue Conrail In Pa. Over NJ Derailment
The first responders who initiated the emergency cleanup of a November train derailment and resulting vinyl chloride spill in Paulsboro, N.J., sued Consolidated Rail Corp. and two other railroad companies in Pennsylvania state court Monday over their exposure to hazardous chemicals from the incident.
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May 13, 2013
NHL's Rough-And-Tumble History Will Color Concussion Suits
A Friday lawsuit accusing the National Hockey League of failing to warn deceased player Derek Boogaard about the long-term health risks of head injuries could kick off a torrent of litigation against the NHL, but attorneys say that hockey’s lack of involvement in concussion research and its tolerance for fighting could prove to be game-changers for the league.
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May 13, 2013
BMW Roadster’s Alloy Wheels Crack Early, Suit Says
BMW of North America LLC was targeted in a putative class action in California federal court Friday alleging that the alloy wheels it used in in its BMW Z4 sports cars from model years 2007 to 2012 are prone to cracking and create a safety hazard.
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May 10, 2013
Apple Accused Of Rigging IPhone Power Button To Fail
Apple Inc. was hit with a putative class action Friday in California federal court alleging the iPhone 4’s power button is rigged to fail just after the one-year warranty covering the device has expired, rendering the phone unusable.
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May 9, 2013
Whirlpool Hit With Class Action Over Dishwasher Defect
Whirlpool Corp. on Monday was hit with a proposed class action in California federal court, accusing it of misrepresenting its Maytag-brand dishwashers as reliable, despite a defective design resulting in frequent and expensive control panel repairs.
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May 8, 2013
Preemption No Savior For Monster In Energy Drink Fight
Monster Beverage Corp. may find it tough to persuade a California federal judge that the city of San Francisco's attempts to restrict the marketing of the company's caffeinated energy drinks are preempted by federal law, attorneys say, as the state's courts have recently allowed more state-law claims targeting advertising for food and beverages to move forward.
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May 8, 2013
Travelers Wants Money Back For Honeywell Asbestos Defense
Travelers Casualty and Surety Co. has sued several insurers and Honeywell International Inc. in New Jersey court seeking coverage contributions and retrospective premiums in connection with underlying asbestos, silica and mixed dust claims against Honeywell and a kiln maker.
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May 8, 2013
J&J Hit With Class Action Over Aveeno 'Natural' Claims
Johnson & Johnson was hit Tuesday with a proposed class action in New York federal court accusing the company of misleading consumers by advertising its Aveeno line of personal care products as "natural" when they include several synthetic chemicals.
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May 7, 2013
Yarway Sues To Shield Parent Tyco From Asbestos Claims
Defunct industrial manufacturer Yarway Corp. launched a suit Monday to protect its Swiss parent Tyco International Ltd. and other nondebtor affiliates from the asbestos claims that tipped the company into bankruptcy last month.
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May 7, 2013
Canadian Health Officials Hushed Drug Research, Suit Says
A Canadian health economist on Monday sued British Columbia's health ministry, claiming it wrongfully terminated his research contract in order to suppress his findings that some anti-psychotic medications covered by the country's health system had harmful side effects.
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May 6, 2013
San Francisco Hits Monster With Child Marketing Suit
San Francisco's top attorney on Monday opened a new front in an escalating legal battle with Monster Beverage Corp., accusing the company in a new lawsuit of marketing its purportedly dangerous energy drink to children as young as 6 years old.
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May 3, 2013
Insurer Sued Over O'Melveny's Role In Crane Collapse Cases
East 51st Street Development Co. sued Illinois Union Insurance Co. on Wednesday in New York state court, claiming the insurer refused to drop O'Melveny & Myers LLP after the firm allegedly botched $100 million litigation over a fatal crane collapse and tried to "churn its bill" through wasteful practices.
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May 3, 2013
Lululemon Must Turn Over Docs On Bonuses, Investor Says
A pension fund shareholder sued Lululemon Athletica Inc. on Friday to force the yoga apparel company to divulge information about a recent executive bonus upgrade, which was approved despite an embarrassing pants recall that could cost the retailer around $60 million.
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May 3, 2013
Conrail Hit With New Suit Over NJ Train Derailment
Consolidated Rail Corp. was hit with a lawsuit Thursday in Pennsylvania court, the latest in a string of complaints seeking to find the company liable for damages stemming from a train derailment and chemical spill outside Philadelphia.
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May 2, 2013
Kellogg, Others Face Carcinogenic Cereal Claims
General Mills Inc., Kellogg USA Inc. and Post Foods LLC were accused in California state court Tuesday of failing to warn consumers about the presence of a carcinogenic chemical in dozens of their popular breakfast cereals like Cheerios and Frosted Flakes.
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May 1, 2013
H&R Block Hit With Suit Over Tax Refund Delays
H&R Block Inc. was slapped with a proposed class action in California federal court Wednesday by users of the tax preparation service claiming that errors in the firm’s software led to errors in certain 2012 tax return forms and consequent delays of longer than a month in obtaining tax refunds.
Expert Analysis
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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The Growing Problem Of Fishy Labeling
As evidenced by a recent study conducted by Oceana, mislabeled seafood appears to be a widespread problem that can adversely affect both the public interest and individual consumers’ wallets, health and socially responsible purchasing precepts, say attorneys with Arnold & Porter LLP.
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Not Subject To Ill. Court Jurisdiction? Think Again
The Illinois Supreme Court's ruling in Russell v. SNFA is troubling to part manufacturers as it suggests that an Illinois court can now find a part supplier bound to the marketing and distribution systems of its clients, regardless of where the end product is marketed, and find personal jurisdiction over the supplier, say attorneys with Locke Lord LLP.
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Get Ready For Stricter RMP Enforcement
The recent $4 million settlement by Tyson Foods Inc. represents one of the largest penalties for a stand-alone risk management program enforcement case since the provision was added to the Clean Air Act in 1990. This case also exemplifies the U.S. Environmental Protection Agency’s increasing focus on RMP compliance and its intention to seek ever-larger penalties for RMP violations, say attorneys with Kilpatrick Townsend Stockton LLP.
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Calif. To Draw The Lines In Disparagement Liability
The California Supreme Court's upcoming decision in Hartford Casualty Insurance Co. v. Swift Distribution Inc. will resolve a hot debate about the scope of implied disparagement liability under California law, likely determining whether insurers must defend lawsuits involving allegations of intellectual property infringement, unfair competition and false advertising, says Tyler Gerking of Farella Braun & Martel LLP.
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Calif. Chemical Safety Rules Push Constitutional Envelope
Impatience with the pace of Toxic Substances Control Act reform at the federal level is understandable, but substituting individual state action for a perceived lack of federal action may be the classic example of a cure which is worse than the disease. Many think California’s Safer Consumer Product Regulations now prove that, says Ward Benshoof of Alston & Bird LLP.
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Dissecting The Rules Of Generic Drug User Fee Amendments
The Generic Drug User Fee Amendments, a part of the U.S. Food and Drug Administration Safety and Innovation Act, have changed the practice of generic drug sponsors in a multitude of ways. These requirements should be top of mind for abbreviated new drug application filers because they may ultimately impact a generic applicant’s eligibility for the coveted six-month marketing exclusivity, says Suchira Ghosh of Axinn Veltrop & Harkrider LLP.
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E-Discovery In The Cloud: Who Can Get Your Data?
Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
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OSHA Plans To Comb The Construction Industry
Heightened enforcement, more citations and increased penalties are a certainty as the Occupational Safety and Health Administration ups the ante for construction industry employers who ignore safety standards. From new regulations on crystalline silica to stricter injury reporting guidelines, employers have several things to watch for in the coming months, says Michael Abcarian of Fisher & Phillips LLP.
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Preparing A Successful Daubert Motion
When preparing a Daubert motion, one of the things practitioners should remember is that there is no better way to succeed than to demonstrate to the trial judge that the challenged expert's own testimony has demonstrated that his methodology is deficient, says William Martin of Haight Brown & Bonesteel LLP.