Product Liability

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is now winning over converts — and pressing their rivals to join the bandwagon.

  • December 11, 2017

    Law Firm Doesn't Owe For GSK Contempt Order, 3rd Circ. Told

    The Mississippi law firm accused along with a fund administrator of erroneously distributing settlement money from multidistrict litigation against GlaxoSmithKline urged the Third Circuit on Monday to overturn a Pennsylvania district court’s order to indemnify the administrator, reasoning that the district court no longer had jurisdiction over GSK's already settled contempt allegations.

  • December 11, 2017

    Disney, Walmart Sued After Flying Fairy Doll Maims Man

    A man says he was blinded in one eye after part of a flying fairy doll disconnected and hit him, according to a suit filed Sunday in Pennsylvania federal court that accuses The Walt Disney Co., Wal-Mart Stores Inc. and toymaker JAKKS Pacific Inc. of negligently marketing a toy similar to ones that have been recalled.

  • December 11, 2017

    Convicted Pharmacist's Wife Wants To Keep Money, House

    The wife of a pharmacist convicted of racketeering and fraud related to a deadly 2012 meningitis outbreak has asked a Massachusetts federal court not to make her husband forfeit properties, a trust fund, multiple bank accounts and other assets, arguing they belong to her too.

  • December 11, 2017

    VW Says Owners Who Sold Cars Pre-Scandal Have No Claim

    Volkswagen AG and Bosch on Friday asked a California federal court to ax claims by a proposed class of drivers who offloaded their diesel cars before the diesel emissions scandal broke in September 2015, saying they didn’t suffer a loss in retail value for their vehicles.

  • December 11, 2017

    Noted Medical Malpractice Defense Atty Joins Dorf & Nelson

    A former Martin Clearwater & Bell LLP medical malpractice attorney has joined Dorf & Nelson LLP as a partner and will head its medical malpractice defense group in New York, the firm announced Monday.

  • December 11, 2017

    Endo Escapes Faulty Pelvic Mesh Suit On Appeal

    An Illinois appeals court on Friday tossed a suit accusing Endo Pharmaceuticals and its subsidiary American Medical Systems Inc. of manufacturing faulty pelvic mesh products, finding the suit doesn’t belong in an Illinois court.

  • December 11, 2017

    Enviros Sue Chem Safety Board Over Accident Report Rules

    Environmentalists have sued the U.S. Chemical Safety and Hazard Investigation Board, alleging the agency has failed to publish regulations for accidental chemical-release reporting as required by the Clean Air Act.

  • December 11, 2017

    1st Circ. Won't Revive $28M Monsanto PCB Liability Suit

    Monsanto Co. and its Pfizer Inc.-owned successor couldn’t have known polychlorinated biphenyls cause cancer in 1969, so they don’t have to face a $28 million lawsuit from a Massachusetts town over PCB contamination, the First Circuit said Friday.

  • December 11, 2017

    Judge Bars Consolidated Claims In GM Ignition Switch MDL

    A New York federal judge on Friday said that he will no longer allow the filing of consolidated complaints on behalf of multiple people bringing personal injury or wrongful death claims in the multidistrict litigation over General Motors LLC ignition switches that allegedly caused vehicles to abruptly lose power.

  • December 11, 2017

    FDA Issues Final Guidance On Drug Names In Ads

    The U.S. Food and Drug Administration on Monday released final guidance laying out its recommendations for how product names are displayed on advertising and promotional labeling for prescription drugs, and proposed to study how consumers and health care providers spot deceptive ads.  

  • December 11, 2017

    Uber Settles Privacy Suit With Woman Raped By Driver

    Uber Technologies Inc. agreed Friday in California federal court to an undisclosed settlement to end allegations that executives improperly shared the medical records of a woman who was raped by one of the company’s drivers in India.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Travelers Can't Ditch Defense Coverage Suit Over PCB Claims

    Travelers Indemnity Co. can’t shut down a potentially billion-dollar coverage dispute with Magnetek Inc. just because the plaintiff failed to add another company as a defendant, an Illinois federal court ruled Thursday, meaning the insurer will have to win on the merits to avoid being drawn into an underlying suit by Monsanto Co.

  • December 8, 2017

    Hockey Teens Stick Del. Rink Operator With Toxic Fume Suit

    Two 13-year-old hockey players swung a lawsuit on Thursday against a skating club and a Zamboni repair business in New Jersey federal court over claims they suffered carbon monoxide poisoning when a defective vehicle was used to resurface ice during a tournament at the Delaware facility this year.

  • December 8, 2017

    NJ High Court OKs Roche's Bids To Review Accutane Rulings

    Hoffmann-La Roche Ltd. has convinced the New Jersey Supreme Court to review two state appellate decisions related to the company's acne medication Accutane, with the justices agreeing to consider rulings over the adequacy of the drug's label and the admissibility of expert testimony.

  • December 8, 2017

    Texas High Court Won't Hear $2.2B Payout Deduction Dispute

    The Supreme Court of Texas on Friday declined to take up Owens Corning’s challenge to a Texas appellate court ruling that found the manufacturer could not deduct from its business taxes a $2.2 billion payment made as part of an asbestos product liability settlement.

Expert Analysis

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • When Product Liability Claims Are Hidden From Bankruptcy

    Chad Eggspuehler

    Judicial estoppel is often used to dismiss product liability actions when a plaintiff failed to disclose potential claims during a prior bankruptcy proceeding. While state laws may rule out judicial estoppel defenses in certain multidistrict litigation courts, asserting the defense even where it is unlikely to prevail preserves the issue for appellate review, say Chad Eggspuehler and Melissa Kelly of Tucker Ellis LLP.

  • The Most Noteworthy Class Action Developments Of 2017

    Neal Marder

    This year has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the appeals courts have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Is Your Company Ready For Artificial Intelligence?

    Erin Bosman

    Evolving technologies such as artificial intelligence will change countless aspects of how companies do business. Consumer product companies ceding control to technology should weigh efficiencies against the risks posed by such novel movements, say attorneys at Morrison & Foerster LLP.

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.

  • Consumer Demand Letter Response Is Key Under Mass. Law

    David Thomas

    The Massachusetts Consumer Protection Act prohibits a business from engaging in unfair or deceptive acts or practices. The law provides a consumer’s counsel significant leverage when litigating and attempting to settle claims — particularly in a class action setting — but also affords a business an opportunity to gain that leverage back and limit exposure to damages, says David Thomas of Greenberg Traurig LLP.

  • Lead Paint As A Public Nuisance In California

    Jules Zeman

    Last month, the California Sixth District Court of Appeal upheld portions of a public nuisance action against paint companies for selling lead-pigment paint in the decades prior to 1950 while knowing of its toxicity. The ruling's extraordinarily expansive use of public nuisance law circumvents the traditional burdens, limitations and protections of product liability jurisprudence, says Jules Zeman of Dentons.

  • Basic Human Rights: Whose Job Is Enforcement?

    Dan Weissman

    The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.

  • Beware Marketing Cannabidiol Products: FDA Is Watching

    Brian Malkin

    The U.S. Food and Drug Administration recently issued warning letters concerning violations of the Federal Food, Drug and Cosmetic Act to four companies that market products containing cannabidiol, a nonpsychotropic cannabinoid found in cannabis. These letters should serve as a reminder that the FDA is watching closely, say attorneys with Arent Fox LLP.

  • Plavix Ruling Raises Learned Intermediary Questions

    Stefanie Colella-Walsh

    A federal judge in New Jersey recently granted summary judgment to drug manufacturers in a lawsuit alleging that Plavix caused gastrointestinal bleeding. The multidistrict litigation court, sitting in New Jersey, applied California's learned intermediary doctrine, but may not have reached the same conclusion had it applied New Jersey law, say Stefanie Colella-Walsh and Martin Schrama of Stark & Stark.