A California jury’s decision last week to award a retired groundskeeper $289 million against Monsanto in a Roundup cancer trial is certain to unleash a torrent of new litigation against the agri-giant, experts tell Law360, and the massive award for a product with “potential risks” could spur failure-to-warn litigation more broadly.
Law360 Product Liability PRODUCT LIABILITY

Friday, August 17, 2018 Follow Product Liability Law360

TOP NEWS

Analysis

Monsanto's $289M Roundup Loss Ripples Across Industries

A California jury’s decision last week to award a retired groundskeeper $289 million against Monsanto in a Roundup cancer trial is certain to unleash a torrent of new litigation against the agri-giant, experts tell Law360, and the massive award for a product with “potential risks” could spur failure-to-warn litigation more broadly. Read full article »

Analysis

8th Circ. BNSF Ruling Clarifies Federal Preemption

The Eighth Circuit’s recent finding that BNSF Railway Co. can sue a seat manufacturer over an engineer’s injury clarifies that state law claims based on federal safety standards don’t upend the national uniformity in railroad regulations that has long been protected by federal law, experts say. Read full article »

DEA To Cut Drugmaker Production Of Most-Abused Opioids

The U.S. Drug Enforcement Administration on Thursday moved to curtail drugmaker production of the most commonly abused prescription opioids, saying the cut will inhibit illicit sales of narcotic painkillers. Read full article »

NY Appeals Court Halts New York Islanders Asbestos Claims

A New York state appeals panel on Wednesday upheld the bulk of the dismissal of a Nassau Coliseum employee’s suit against New York Islanders Hockey Club and Nassau County alleging that he had sustained lung injuries from working at the arena, finding that he filed the suit too late. Read full article »

NJ High Court Centralizes Some J&J Hernia Mesh Lawsuits

The New Jersey Supreme Court has signed off on the centralized management of state lawsuits involving claims that a certain Johnson & Johnson hernia mesh product was defective and seriously injured consumers, while declining to consolidate cases dealing with similar devices. Read full article »

RISING STARS

Rising Star: Greenberg Traurig's Marcella Ducca

Greenberg Traurig LLP shareholder Marcella Ducca’s expertise in women’s health products, particularly her work for Bard in the massive transvaginal mesh litigation, has landed her a spot among the five product liability attorneys under 40 on Law360’s list of Rising Stars. Read full article »

DRUGS & DEVICES

Athenex Pharma OK'd To Intervene In Par Suit Against FDA

A D.C. federal judge has cleared pharmaceutical company Athenex Pharma Solutions LLC to intervene in Par Pharmaceutical's suit accusing the U.S. Food and Drug Administration of improperly letting compounding pharmacies sell cheaper copycats of its blood pressure drug vasopressin. Read full article »

ASBESTOS

Georgia-Pacific Affiliate’s Ch. 11 Slammed As ‘Sham’

Georgia-Pacific affiliate Bestwall LLC’s bankruptcy is a “sham” and a “farce” designed to wall off its parent company from exposure to asbestos claims, a committee of asbestos claimants said Wednesday in seeking to get the case dismissed. Read full article »

CONSTRUCTION

Insurer Seeks To Duck Lumber Liquidators' $36M Settlement

St. Paul Fire and Marine Insurance Co. sued policyholder Lumber Liquidators on Wednesday over coverage for $36 million worth of recently proposed settlements regarding defect claims, including over allegedly formaldehyde-laden wood flooring. Read full article »

TRANSPORTATION

Finnish Co. Can't Dodge Arbitration Over Engine Failure

A Texas federal judge has refused to break up arbitration launched by an insurer over a malfunctioning power plant engine, saying it's up to an International Centre for Dispute Resolution panel to decide whether a Finnish engine seller must arbitrate the claims. Read full article »

DOT Can't Stop Ex-Engineer From Being Deposed, Judge Says

A New York federal judge on Thursday said a former government engineer can be deposed by investors in a securities class action claiming Fiat Chrysler lied over its alleged use of emissions-cheating devices in its vehicles, disagreeing with the U.S. Department of Transportation that its regulations could prevent an ex-government employee's testimony. Read full article »

PEOPLE

Buchalter Adds 2 Attys To Corp., Litigation Groups In LA

Buchalter PC’s Los Angeles office has added two new attorneys as shareholders, one from Clark & Trevithick AP and one from Rimon Law, entering the firm’s corporate and litigation practice groups, respectively. Read full article »

Feature

Will Law Schools Start Counting ‘Generation ADA’?

No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline. Read full article »

Q&A

Q&A

A Chat With Ogletree Knowledge Chief Patrick DiDomenico

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC. Read full article »

LEGAL INDUSTRY

Quinn Emanuel Says Ex-Partners Can't Duck Fee Arbitration

Quinn Emanuel Urquhart & Sullivan LLP reiterated on Thursday in New York court that its former partners who launched Selendy & Gay PLLC cannot escape arbitrating a dispute over a clause in their partnership agreement requiring them to remit fees earned from clients they took to their new firm. Read full article »

Stinson Leonard Grows In St. Louis With IP Boutique Tie-Up

Stinson Leonard Street LLP continued its expansion streak Thursday, announcing plans to acquire 28-strong St. Louis intellectual property boutique Senniger Powers LLP, following up on two new office openings earlier this year. Read full article »

3 Reasons Attys Should Learn A Foreign Language

Becoming fluent in a foreign language may seem daunting, but the challenge can offer big rewards, including career opportunities and personal satisfaction, for attorneys willing to take it on. Here, Law360 looks at three reasons why lawyers should learn languages other than their own. Read full article »

Feature

GC Cheat Sheet: The Hottest Corporate News Of The Week

The Sixth Circuit ruled the Fair Labor Standards Act doesn’t on its own thwart arbitration agreements, consumer groups fought back against industry attempts to amend a hastily enacted landmark privacy law in California and British police warned of an increase in cryptocurrency fraud. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

Podcast

Podcast

Law360's Pro Say: Disabled Attys Fight For A Place In BigLaw This content may fall outside your Law360 subscription. Contact us for more info.

The legal profession can be a lonely place for attorneys with disabilities. They are often overlooked in diversity discussions, and may feel pressure to downplay their disability out of fear of facing bias and stigma. On this week's Pro Say podcast, we dive into these challenges and highlight how disabled attorneys are fighting for their place in the law.  Read full article »

Series

Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez. Read full article »

JOBS
Search full listings or advertise your job opening
Law360 Pro Say Podcast

Listen to our new podcast here

LAW FIRMS

Axinn

BakerHostetler

Bartlit Beck

Baum Hedlund

Buchalter PC

Clark & Trevithick

Debevoise & Plimpton

Dentons

Drinker Biddle

Farrell Fritz

Greenberg Traurig

Hamilton Stephens

Hogan Lovells

Holland & Knight

Hughes Hubbard

Johnson Trent

Jones Day

K&L Gates

Lackey Hershman

Lane Powell

Latham & Watkins

Mitchell Silberberg

Montgomery McCracken

Nelson Mullins

Ogletree Deakins

Pomerantz LLP

Potts Law Firm

Quinn Emanuel

Rimon PC

Robinson Bradshaw

Rogge Dunn

Rosen Law Firm PA

Schachter Harris

Sedgwick LLP

Selendy & Gay

Senniger Powers

Spolzino Smith

Squire Patton Boggs

Stinson Leonard

Taylor & Walker

Vladeck Raskin

Willkie Farr

WilmerHale

COMPANIES

Airbnb Inc.

America's Health Insurance Plans

American Bar Association

American Civil Liberties Union

American Hospital Association

BNSF Railway Co.

Boston Scientific Corporation

C. R. Bard, Inc.

CNA Financial Corporation

Consumer Federation of America

Electronic Frontier Foundation

Endo International PLC

Epic Systems Corp.

Fiat Chrysler Automobiles NV

Garlock Sealing Technologies LLC

Georgia-Pacific LLC

Google Inc.

HSBC Holdings PLC

International Centre for Dispute Resolution

Johnson & Johnson

Kelly Services, Inc.

Lumber Liquidators Holdings, Inc.

Major Lindsey & Africa

Monsanto Co.

NBCUniversal Inc.

New York Islanders

New York University

Par Pharmaceutical Companies, Inc.

PhRMA

Robert Half International Inc.

Royal Dutch Shell PLC

State Bar of California

The ERISA Industry Committee

Twitter Inc.

Wartsila

WeWork LLC

GOVERNMENT AGENCIES

California Air Resources Board

Centers for Disease Control and Prevention

Drug Enforcement Administration

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Food and Drug Administration

Massachusetts Legislature

National Highway Traffic Safety Administration

New Jersey Supreme Court

Securities and Exchange Commission

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Transportation

U.S. Supreme Court

World Health Organization