Product Liability

  • June 27, 2017

    BP, Shell Want 2nd Circ. To Review MTBE Case Revival

    Shell Oil Co. and BP Products North America asked the Second Circuit on Monday to revisit its decision to revive the Orange County Water District’s groundwater contamination claims, arguing that the allegations are too similar to a suit settled with the county district attorney to be valid.

  • June 27, 2017

    Supreme Court Denies Cert In Transocean Investor Suit

    The U.S. Supreme Court said Tuesday it wouldn't hear an appeal of a Second Circuit decision that refused to revive a suit from Transocean investors who claimed they were deceived about company safety practices by the owner of the Deepwater Horizon drilling rig when Transocean merged with GlobalSantaFe Corp.

  • June 27, 2017

    Supreme Court Will Take Up Iran Artifacts Case

    The U.S. Supreme Court on Tuesday said it would take up the question of whether Persian artifacts held in Chicago museums can be seized to satisfy a $71.5 million judgment won by victims of a 1997 Hamas bombing.

  • June 26, 2017

    J&J Battles Talc Cancer Expert Before First Calif. Trial

    Johnson & Johnson on Monday grilled a toxicology expert who has repeatedly testified for women alleging the company’s talcum powder products caused ovarian cancer, questioning whether her expert report for the first talc trial in California misinterpreted information from studies she never read.

  • June 26, 2017

    Monsanto Can’t Nix Calif.’s Add Of Herbicide To Cancer List

    The California Supreme Court on Thursday rejected Monsanto Co.’s effort to stay a decision sending the herbicide glyphosate, a key ingredient in the company’s Roundup product, to the state’s list of cancer-causing chemicals, after a similar stay was rejected by a lower appeals court.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    Goodyear Can't Win Sanctions Over Missing Part In Crash Suit

    A Pennsylvania federal court on Monday denied Goodyear’s bid for sanctions in a case alleging that a defective tire led to a fatal truck accident, finding that the disappearance of a part of the truck in the accident was not a bad faith act meriting spoliation sanctions.

  • June 26, 2017

    Excess Insurer Says Akorn Suit Doesn't Need To Move To Ga.

    Ironshore Specialty Insurance Co. on Friday asked an Illinois federal court to let its coverage dispute suit over a $20 million judgment against pharmaceutical company Akorn Inc. proceed, calling Akorn’s recent attempts to dismiss or stay the case a meritless procedural ploy.

  • June 26, 2017

    High Court Won't Hear Case Pulling GM Canada Into Ala. Court

    General Motors of Canada Ltd. can’t be pulled into court in Alabama just because it made an allegedly defective truck that was involved in a crash there, the U.S. Supreme Court said Monday by refusing to hear a German citizen’s appeal of a state court order saying the same.

  • June 26, 2017

    Judge Scolds Counsel For Emails In Faulty Engine Parts Suit

    An Illinois federal judge on Friday put her own spin on Sen. Mitch McConnell’s, R-Ky., now infamous rebuke of Sen. Elizabeth Warren, D-Mass. — "nevertheless, she persisted" — when she scolded attorneys representing AutoZone consumers in a proposed class action over allegedly defective Chrysler engine parts for sending unwanted emails.

  • June 26, 2017

    Dunkin’ Donuts Selling Patties, Not Steak, Suit Says

    Dunkin’ Donuts is misleading consumers by advertising steak sandwiches that do not contain steak and serving inferior beef patties instead, a proposed class action filed in New York federal court alleged Sunday.

  • June 26, 2017

    Exercise Org. Urges Judge To Trim Sanctions In CrossFit Suit

    The National Strength and Conditioning Association asked a California federal judge on Friday to rethink sanctions issued against it in a false advertising suit filed by CrossFit Inc., saying there’s no evidence that the organization intentionally withheld documents.

  • June 26, 2017

    Takata Ordered To Pay $8M In US Virgin Islands Air Bag Suit

    A U.S. Virgin Islands judge on Saturday ordered Takata Corp. to set aside $8 million to cover civil penalties and the cost to drivers who have to replace the potentially fatal air bags, a day before the company’s U.S. business filed for Chapter 11 protection.

  • June 26, 2017

    Justices Won't Hear Sanctioned Atty's Fish Oil Class Action

    The U.S. Supreme Court on Monday declined to take up a New Jersey attorney's bid to revive his pro se class action, which accused Nordic Naturals Inc. of misrepresenting the safety of its fish oil supplements but ultimately exposed him to frivolous appeal sanctions.

  • June 26, 2017

    Pharmacist Gets 9 Years In Deadly Meningitis Outbreak

    A New England Compounding Center pharmacist convicted of racketeering for his role in a deadly meningitis outbreak in 2012 will serve nine years in prison, a Massachusetts federal judge ruled Monday.

  • June 26, 2017

    Enviros Can't Score Win Against Exxon In Chemical Plant Suit

    A Louisiana federal judge on Friday refused to confirm that an environmental group has the right to pursue its lawsuit alleging Exxon Mobil Corp.’s Baton Rouge chemical plant violated the Clean Air Act, saying she needs more information before deciding the question.

  • June 26, 2017

    High Court Scraps NM Suit Against Colo. Over Gold King Mine

    The U.S. Supreme Court on Monday rejected New Mexico’s attempt to sue Colorado over the Gold King Mine disaster, an incident that sent 3 million gallons of toxic mine water downstream from Colorado into New Mexico.

  • June 26, 2017

    Car-Hacking Suit Based Solely On Hypotheticals, Fiat Says

    Fiat Chrysler urged an Illinois federal judge Friday to toss claims that certain vehicles are susceptible to hacking, saying the allegations are based on an unsupported hypothesis.

Expert Analysis

  • Why We Must Teach Self-Driving Cars How To Crash

    Todd Benoff

    The National Highway Traffic Safety Administration’s policy on automated vehicles has sparked debate on a number of issues, but one remains unaddressed: How should self-driving cars make ethical decisions when an accident is unavoidable? The data shows that how moral algorithms are (or are not) regulated could impact the acceptance of driverless vehicles, says Todd Benoff of Alston & Bird LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • State AGs Responding To Trump Policies: 3 Areas To Watch

    Michael Rossetti

    The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • No Personal Jurisdiction Pass For Federal Plaintiffs

    Jessica Miller

    The U.S. Supreme Court's recent Bristol-Myers Squibb ruling dealt a blow to plaintiffs attorneys seeking to manufacture personal jurisdiction by joining the claims of resident plaintiffs with those of nonresidents in state court. But some have suggested that the ruling does not apply to federal courts. This is an argument with no legs, say attorneys with Skadden Arps Slate Meagher & From LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Protect Innovation By Making FDA Compliance Admissible

    Lisa Dwyer

    The U.S. Supreme Court will soon decide whether to hear a case concerning a medical device maker's right to introduce the U.S. Food and Drug Administration’s review and authorization of its product into evidence. Such information should be a legitimate part of companies' full and robust defenses of their products, say Lisa Dwyer of King & Spalding LLP and Matthew Wetzel of AdvaMed.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Shrinking Doctrine Of Specific Personal Jurisdiction

    Grant Esposito

    The U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California reaffirmed a causation requirement between a plaintiff’s claims and the defendant’s in-state conduct. After this ruling, the test for specific personal jurisdiction is simple: File suit where the defendant did something significant that caused the claim to arise, say attorneys with Morrison & Foerster LLP.

  • Tax Deductibility And Statutory Damages — A Waiting Trap

    Peter Robbins

    Statutory damages guarantee a minimum recovery in each individual case where a violation may cause only nominal damage. But aggregated statutory damages in class actions can create a risk of staggeringly large awards, which may not be tax-deductible. Companies must know the law and take steps to minimize tax consequences, says Peter Robbins of Corbett & Robbins LLP.