Product Liability

  • January 20, 2017

    Home Depot Escapes Whirlpool Energy Star Label Row

    A New York federal judge on Thursday freed Home Depot from a lawsuit attempting to hold the company liable, as Whirlpool's agent, for selling washing machines that Whirlpool allegedly falsely labeled as energy-efficient, ultimately ruling any breach of warranty claims are not Home Depot’s fight.

  • January 20, 2017

    Obama's FDA Leaves Mark With Last-Minute Policy Blitz

    The U.S. Food and Drug Administration capped off the Obama administration with a flurry of bold policy statements on drug and device regulation, potentially influencing or hamstringing a Trump administration that has flirted with greatly relaxed oversight, attorneys say.

  • January 20, 2017

    Texas Jury Clears Harley-Davidson In Accident Suit

    A Texas federal jury on Thursday found in Harley-Davidson Inc.’s favor in an injured couple’s $3.4 million suit alleging their motorcycle was defectively designed because it didn’t have anti-lock brakes, which would have prevented their crash.

  • January 20, 2017

    Buyers, Lowe's Settle Flooring Formaldehyde Class Action

    A putative class of consumers has settled claims accusing Lowe's Home Centers and Armstrong Flooring of selling laminate flooring with dangerous levels of formaldehyde, according to papers filed Friday.

  • January 20, 2017

    Hatchimals Buyers Say Defect Cracked Their Christmas Fun

    Parents who waited in long lines and shelled out big bucks for Hatchimals were left with egg on their faces when 2016’s hottest Christmas gift proved to be defective in that it didn’t, well, hatch, according to a proposed class action filed in California federal court Thursday.

  • January 20, 2017

    Fiat Chrysler Investors Sue Over Emissions, Recall Missteps

    Fiat Chrysler investors on Thursday launched a proposed class action lawsuit in New York federal court accusing the automaker of inflating its stock price by making false statements related to the use of emissions software and failing to implement recalls and mandated safety compliance protocols.

  • January 20, 2017

    Head Of Meningitis-Linked Pharmacy Called Regulators Inept

    The head of a compounding pharmacy whose mold-tainted drugs killed dozens of people in 2012 bragged in training videos about state regulators who didn't have a clue about the company's business, according to exhibits entered into evidence Thursday in the man's murder trial.

  • January 20, 2017

    FDA Works To Regulate Manufacture Of Smokeless Tobacco

    The U.S. Food and Drug Administration on Thursday proposed a new standard to limit a carcinogen in smokeless tobacco products like snuff, saying it would prevent about 2,200 deaths from oral cancer over the next two decades if it goes into effect.

  • January 20, 2017

    Cheese Cos. Get 3 Years' Probation For Adulterated Product

    A Pennsylvania federal judge on Friday gave two companies that pled guilty to packaging and selling adulterated cheese 36 months of probation and ordered them to pay a total of $1 million in fines.

  • January 20, 2017

    NHL Says Boston U. CTE Center Won't Hand Over Documents

    The National Hockey League says that the Boston University CTE Center is refusing to hand over documents and materials on its research into the causes of the degenerative brain condition, asking a Minnesota federal court to force the hand over of materials, including documents related to the posthumous diagnosis for one of the named plaintiffs in litigation alleging the league failed to warn players of the dangers of repeated head trauma in hockey.

  • January 20, 2017

    Insurers Say GE Can't Arbitrate $45M Steel Co. Row

    A group of insurers for a steel company urged an Alabama federal judge on Thursday to reject a bid by a unit of General Electric Co. to send their claims to arbitration in Germany, saying the company has litigated for too long to invoke its rights.

  • January 20, 2017

    US Tells 5th Circ. Citgo's $81M Spill Fine Should Stick

    The federal government on Wednesday urged the Fifth Circuit to uphold an $81 million fine imposed against Citgo Petroleum Corp. over a 2006 oil spill, saying the oil company hasn't presented any evidence that a lower court miscalculated the economic benefit the company received from its violations that led to the spill.

  • January 20, 2017

    Feds Strengthen Rules For Reporting Pipeline Accidents

    The U.S. Department of Transportation issued new guidelines on Thursday requiring pipeline operators to report accidents and spills more quickly, continuing efforts to fulfill obligations set out by Congress in 2011 aimed at strengthening pipeline regulations and safety.

  • January 20, 2017

    Exxon Mobil Gets Part Of La. Chemical Plant Suit Tossed

    A Louisiana federal judge sided with Exxon Mobil Corp. on Thursday by throwing out part of a suit brought by environmentalists alleging the company’s Baton Rouge chemical plant had violated the Clean Air Act by deciding claims about violations of reporting requirements weren’t actionable.

  • January 20, 2017

    Product Liability Group Of The Year: Shook Hardy

    From continuing its successful representation of Philip Morris in Florida tobacco suits to gutting multidistrict litigation over Bayer Healthcare’s intrauterine device Mirena, Shook Hardy & Bacon LLP’s product liability team has cemented its spot among Law360’s Product Liability Groups of the Year for the second year in a row.

  • January 20, 2017

    Bayer MDL Firm Fights 'Frivolous' Sanctions In Fee Dispute

    A Texas law group engaged in a fee dispute in Missouri federal court with other counsel for farmers in a settled multidistrict litigation over crop contamination by Bayer AG shot back at an attempt to sanction the firm for failing to comply with discovery on Thursday, calling the bid “unfounded” and “frivolous.”

  • January 19, 2017

    Product Liability Group Of The Year: King & Spalding

    King & Spalding LLP posted a strong year in the product liability space, headlined by victories in Florida state court defending tobacco company R.J. Reynolds as well as a major win for GlaxoSmithKline regarding antidepressant Paxil, landing the firm among Law360’s 2016 Product Liability Groups of the Year.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

Expert Analysis

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Decoding New FDA Nutrition And Supplement Facts Guidance

    Carolina M. Wirth

    In issuing new draft guidance concerning its nutrition and supplement facts labeling regulations, the U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional compliance guidance. The new document addresses questions on compliance dates, added sugars, and vitamin and mineral declarations, says Carolina Wirth of Kilpatrick Townsend & Stockton LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Hip Implant Plaintiff Shows Early Bird May Not Get The Worm

    Rachel Weil

    A plaintiff in the Northern District of Ohio's hip implant multidistrict litigation opted out of the global settlement and fired his lawyers. When he later accepted the settlement, the court ordered him to pay the hefty attorneys' fee it specified. But as the appeals court held, the fee was not necessarily justified, says Rachel Weil of Reed Smith LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • FDA Adverse Event Data Release May Mean More Lawsuits

    Joanne Hawana

    The U.S. Food and Drug Administration recently announced the public release of data on adverse events related to cosmetics and foods. The data include reported negative reactions or complaints related to products, and do not indicate a determination of fault by the FDA. But the release could still lead to an increase in litigation, say Joanne Hawana and Daniel Herling of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 2017 Food And Beverage Industry Outlook: Part 1

    James F. Neale

    As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental attention on a number of fronts, say attorneys at McGuireWoods LLP.