Product Liability

  • June 01, 2020

    Supreme Court Won't Hear Camp Lejeune Toxic Water Suits

    The U.S. Supreme Court on Monday declined to take up two appeals stemming from dismissed multidistrict litigation brought by military families over drinking water contamination at the Camp Lejeune military base in North Carolina.

  • June 01, 2020

    'Smart Sock' Baby Monitor Maker Beats Defect Suit, For Now

    A Utah federal judge on Monday dismissed claims by parents that Owlet Baby Care Inc.'s "Smart Sock" baby monitors are defective, saying the parents' pleadings were vague and inconsistent and failed to demonstrate how the company misled them on the product's effectiveness.

  • June 01, 2020

    2nd Circ. Side-Eyes Vehicle Emissions Penalty Rollback

    A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.

  • June 01, 2020

    9th Circ. Revives Post-Sale Claims In VW Emissions Suit

    The Ninth Circuit told Volkswagen Group of America Inc. and other automakers Monday that they must face claims by two counties over the post-sale modification of "defeat devices" intended to fool emissions testing, saying the Clean Air Act only preempts the counties' claims over new vehicles.

  • June 01, 2020

    BMW Drivers Not Typical Of Class In Engine Defect Suit

    A New Jersey federal judge has rejected a bid from two BMW drivers to certify classes in their suit against BMW Of North America LLC alleging the company sold cars with defective engines, saying the experiences of the two named plaintiffs are not typical of one class they seek to represent.

  • June 01, 2020

    Justices Revive GE Unit's Arbitration Bid In Steel Plant Row

    The U.S. Supreme Court on Monday concluded that a French unit of General Electric Co. may be able to force arbitration of a multimillion-dollar dispute with an Alabama steel plant owner despite not signing an underlying arbitration agreement, reversing an Eleventh Circuit decision.

  • May 29, 2020

    Pierce Bainbridge Calls Interim Class Lead Bid Premature

    Pierce Bainbridge's remaining lawyers have urged a Texas federal judge not to appoint a new firm formed by their ex-colleagues as interim lead counsel in a proposed class action against Southwest Airlines and Boeing, saying the move would be "premature."

  • May 29, 2020

    GM Gets Claims Trimmed In Takata Airbag MDL

    A Florida federal judge on Friday trimmed claims against General Motors in multidistrict litigation alleging the automaker sold vehicles with defective Takata Corp. air bags, tossing nationwide federal warranty claims but coming down on both sides on claims brought under various state laws.

  • May 29, 2020

    PG&E Objector Suggests Weil Atty's Son Raises Conflict

    A bench trial over whether to confirm Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan entered its third day Friday, with an objector questioning whether a conflict exists because a Weil LLP attorney representing PG&E is the father of a director of the company running its confirmation process.

  • May 29, 2020

    Insurer Must Defend Pasta Co. In Tainted Pizza Crusts Suit

    A New Jersey federal judge ruled Friday that Republic Franklin Insurance Co. must cover a pasta company's costs to defend a suit alleging listeria contamination in its gluten-free pizza crusts sunk a business partner's distribution deal with Trader Joe's.

  • May 29, 2020

    Bill Marler On Food Safety & COVID-19

    Prominent food safety plaintiffs attorney Bill Marler of Marler Clark LLP, who has been representing victims of foodborne illnesses since the early 1990s, recently spoke with Law360 about practicing remotely from his home on Bainbridge Island in Puget Sound and about food safety concerns during the COVID-19 pandemic.

  • May 29, 2020

    Feds Fight Pharmacists' Bid To Ax Opioid Indictment

    Federal prosecutors have defended the indictment of two pharmacists accused of conspiring with drug distributor Miami-Luken Inc. to flood rural towns with addictive painkillers, telling an Ohio federal judge that evidence at trial will show how they and the defunct company profited from the opioid addiction epidemic.

  • May 29, 2020

    SEC Says Volkswagen, Ex-CEO Can't Escape Emissions Suit

    U.S. securities regulators told a California federal judge that Volkswagen knowingly misled bond investors by failing to disclose its "clean diesel" emissions cheating scheme, so it's still on the hook for securities fraud even after reaching settlements with other agencies.

  • May 29, 2020

    RI Says 9th Circ. Agrees Climate Suit Belongs In State Court

    Rhode Island told the First Circuit that a pair of recent Ninth Circuit decisions lend support to its argument that a lower court correctly sent back to state court the state's lawsuit seeking to pin climate change-related infrastructure costs on energy giants like Chevron.

  • May 29, 2020

    10th Circ. Revives Genentech Cancer Drug Dosage Suit

    The Tenth Circuit on Friday revived a case alleging Genentech Inc. underfilled packages of its breast cancer drug Herceptin, reversing a district court decision from last year that held the plaintiffs' claims were preempted by federal law.

  • May 29, 2020

    9th Circ. Urged To Rethink Asbestos Coverage Reversal

    A pool company has asked the full Ninth Circuit to rehear a case over whether it is responsible for homeowners' asbestos-related claims, arguing that a panel had misapplied California law by letting the company's previous owner off the hook for some of the liability.

  • May 28, 2020

    CPUC Approves PG&E's $58B Ch. 11 Plan Despite Criticism

    The California Public Utilities Commission on Thursday voted unanimously in favor of Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan after hearing more than 100 public comments from customers against it and three comments in support of it.

  • May 28, 2020

    DOJ Says BigLaw Firms Put FBI Agent At Risk Of COVID-19

    Major drug companies represented by Covington & Burling LLP and other BigLaw firms "jeopardized the health" of an FBI agent by serving subpoenas at his home during the COVID-19 pandemic, according to a U.S. Department of Justice filing in opioid crisis litigation.

  • May 28, 2020

    Remanding Mass. Exxon Climate Case Clear Call, Judge Says

    A Massachusetts federal judge said Thursday the state attorney general's suit claiming ExxonMobil Corp. lied to investors and the public about climate change-associated risks relies on "mundane theories of fraud" that can be litigated in state court.

  • May 28, 2020

    Alsup Slams 'Criminal' PG&E's 'C-R-A-P-P-Y' Fire Mitigation

    U.S. District Judge William Alsup slammed wildfire mitigation efforts by "recalcitrant criminal" Pacific Gas and Electric Co. on Thursday, saying the bankrupt utility is violating probation by failing to trim enough trees and that, "if ever there was a corporation that deserved to go to prison, it's PG&E."

  • May 28, 2020

    Pa. Woman Claims She Was Misled On Stem Cell Treatment

    A Pennsylvania woman has sued Utah Cord Bank Inc., a chiropractor and others in state court alleging that they misled her into trying a stem cell-based treatment for her arthritis, only for her to find later that it had given her painful infections.

  • May 28, 2020

    Chemical Cos. Pay $2M Over Kansas Toxic Gas Incident

    A chemical manufacturer and its parent company have pleaded guilty and each paid $1 million fines for creating a plume of toxic chlorine gas at a Kansas plant that sent 140 people to the hospital in 2016.

  • May 28, 2020

    Drivers Say Some VW Engines Stall In Traffic

    A proposed class of drivers on Thursday accused Volkswagen Group of America Inc. of selling vehicles with an engine defect, saying they experienced stalling when they slowed down and had to pay out of pocket for repairs.

  • May 28, 2020

    Venable Alum Among 2 Picks For NM Trial Courts

    The White House on Thursday announced two new selections to be federal judges in New Mexico, tapping a Venable LLP alum with 25 years' experience as a federal prosecutor and a private litigator focused on medical malpractice and trucking law.

  • May 27, 2020

    Investors Say AmerisourceBergen Knew About Drug Scheme

    AmerisourceBergen Corp. directors "simply do not have an answer" to claims that an illegal drug-salvaging scheme that resulted in massive fines was known to those at the company's highest levels, an attorney for investors suing the company told a Delaware vice chancellor Wednesday.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • How Hollywood Can Inspire Courtroom Presentations

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    As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • Trial By Webcam: Tips From A Firsthand Experience

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    Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.

  • Accelerating Regulatory Reform For Replica Vehicles

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    Specialty Equipment Market Association v. National Highway Traffic Safety Administration may have sped up the agency's delayed rulemaking on replica vehicles, but companies should stay involved by submitting comments before regulations are finalized, say Anne Marie Ellis and Taylor Brown at Buchalter.

  • A Guide To Evaluating And Advertising COVID-19 Products

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    As businesses evaluate products claiming to make workplaces safer during the pandemic, or look at marketing such products themselves, they should be aware of the highly regulated world of disease prevention claims if they wish to avoid enforcement and private litigation, say attorneys at Crowell & Moring.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Human Rights Are Becoming A Compliance Issue

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    A recent commitment from the European Union's commissioner for justice to introduce rules for mandatory corporate human rights due diligence next year may signal the arrival of this issue as a global business imperative, making it as fundamental as anti-corruption diligence, say attorneys at Paul Hastings.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Maximizing Defense Advantages In Jurisdictional Discovery

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    When a court responds to a personal jurisdiction defense with a jurisdictional discovery order, defense lawyers should review what information is already public, draft clear and precise affidavits, and prepare a depository of documents that are only relevant to jurisdictional issues, say attorneys at McGuireWoods.

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