Product Liability

  • June 28, 2017

    1st Circ. Upholds Arbitral Fault Finding In Notre Dame Row

    The First Circuit on Wednesday upheld a Massachusetts federal judge's confirmation of an arbitral finding that a builder and developer were at fault for problems at a University of Notre Dame dormitory in London, rejecting the companies’ contention that the award was not final.

  • June 28, 2017

    3rd Circ. Urged To Boot Radiation Suit From Federal Court

    The Third Circuit was urged during oral arguments Wednesday to find that a case over a University of Pennsylvania researcher’s death following his exposure to radiation did not fall under the ambit of a law giving federal courts jurisdiction over claims stemming from nuclear incidents.

  • June 28, 2017

    Theranos Customers Defend Joint Venture, Battery Claims

    A proposed class of customers accusing Theranos Inc. of misleading them about the accuracy of the startup’s blood tests on Tuesday asked a federal judge to revive parts of the mostly dismissed suit, arguing he misinterpreted joint venture liability and medical consent laws.

  • June 28, 2017

    Former Reed Smith Partner Joins Barton’s Litigation Practice

    Barton LLP has hired a partner who previously worked at Reed Smith LLP to join its litigation practice and focus on complex legal matters such as product liability, class actions and mass torts.

  • June 28, 2017

    Judge Trims Securities Row Over VW Emissions Cheat

    A California federal judge on Wednesday again trimmed some claims from a securities class action that’s part of Volkswagen’s larger emissions scandal, but also let some claims back into the case and rejected efforts to change his mind.

  • June 28, 2017

    Families Hit Guardrail Cos. With Wrongful Death Suits

    The families of three people killed in 2016 after their cars hit highway guardrails slapped the guardrail manufacturer and the company that installed them with wrongful death suits in Tennessee state court Wednesday, alleging that the guardrails were defective and improperly installed.

  • June 28, 2017

    Ex-Greenberg Shareholder Jumps To Hall Booth In Atlanta

    The Southeastern firm Hall Booth Smith PC has added a former shareholder with international giant Greenberg Traurig as a partner focusing on medical malpractice and product liability in its Atlanta office.

  • June 28, 2017

    6th Circ. Asked To Revive Spinal Patients' 'Disorganized' Suit

    Spinal surgery patients who say they were given an unsafe biologic that caused excess bone growth and constant, incurable pain have asked the Sixth Circuit to revive their case, which was thrown out by a lower court in part because it was disorganized.

  • June 28, 2017

    The 10 Funniest Moments Of The Supreme Court Term

    Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.

  • June 28, 2017

    The Most Talkative Justice Of The High Court Term

    Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the title holder should come as no surprise to court watchers.

  • June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 28, 2017

    Smoker's Widow Fights New Trial After Jurors Awarded $23B

    A smoker's widow who won a $23.6 billion punitive damages award against R.J. Reynolds asked the Florida Supreme Court on Tuesday to overturn a ruling granting the tobacco giant a new trial over the widow's closing arguments, arguing that the decision goes against previous court precedent regarding punitive damages.

  • June 28, 2017

    BMW Slams Objections To Sunroof Leaks Settlement

    BMW of North America LLC reiterated its support Wednesday in New York federal court for a deal that would end two lawsuits over an alleged sunroof design defect that damaged electrical components in certain vehicles’ trunks, saying a mere .003 percent of the settlement class has objected to the deal.

  • June 28, 2017

    Carnival Cruise Fire Victims Ask 11th Circ. To Revive Suit

    Passengers aboard a 2013 Carnival Corp. cruise ship whose engines caught fire asked the Eleventh Circuit on Tuesday to revive their claims against a third-party contractor that maintained the engines, arguing their tickets weren't clear about whether they had to notify Carnival or the third party before suing.

  • June 28, 2017

    DC Circ. Ends Challenge To Interim Gas Storage Safety Rule

    The D.C. Circuit on Tuesday dismissed a challenge to an interim natural gas storage safety rule enacted in the wake of the 2015 Aliso Canyon leak, deciding that because the American Gas Association and others had asked the issuing agency to reconsider the rule, it couldn’t also be challenged judicially.

  • June 28, 2017

    Ford Recalls 402K Vans At Estimated $142M Cost

    Ford Motor Co. is recalling more than 402,000 Ford Transit vans in North America because of a driveshaft coupling defect that the company expects to spend $142 million to repair, according to a report filed Wednesday with the U.S. Securities and Exchange Commission.

  • June 28, 2017

    7th Circ. Says AIG Unit Needn't Cover Tainted-Chemical Loss

    The Seventh Circuit on Tuesday found Lexington Insurance Co. doesn't have to cover PQ Corp.'s losses from the contamination of millions of pounds of chemicals, saying the claim failed to meet the letter of the policy.

  • June 28, 2017

    US Says Alien Tort Law Doesn't Apply To Bank Transfers

    The U.S. government on Tuesday said in a brief that private plaintiffs have the authority to bring cases against corporations under the Alien Tort Statute, but that a case pending before the U.S. Supreme Court against a Jordanian bank may need to be dismissed because of a tangential connection to the United States.

  • June 28, 2017

    Plaintiffs Bar Perspective: Beasley Allen's Andy Birchfield

    Honesty and integrity should be hallmarks of any communication style. Juries, judges and opposing counsel notice, and it can make a world of difference whether delivering a closing statement, making an important argument, or negotiating a global settlement, says Andy Birchfield of Beasley Allen Crow Methvin Portis & Miles PC.

  • June 28, 2017

    ABC Settles $1.9B 'Pink Slime' Suit Mid-Trial

    ABC said Wednesday it has reached an “amicable” settlement to end a defamation suit over its reports calling Beef Products Inc.'s beef trimmings “pink slime."

Expert Analysis

  • The Road To Standardizing Food Safety And Quality Dates

    Michael Cromwell

    A lack of clear federal regulatory guidance on the quality and safety of food is one primary reason food waste is such a chronic problem in the U.S. Another is fear of liability. But potential solutions exist, both in the form of proposed legislative reform and current legislation, as well as voluntary standards developed by the food industry, says Michael Cromwell of Womble Carlyle Sandridge & Rice LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Senate Bill May Force Rise In Suits For Opioid Funding

    Adam Fleischer

    As the Senate seeks to reduce funding and services for opioid addiction, states and governments seeking new sources of funding may have increased incentive to sue manufacturers and distributors of prescription opioids. An increase in suits may shift the financial burden of the opioid crises to the pharmaceutical defendants and their liability insurers, say Adam Fleischer and Patrick Bedell of BatesCarey LLP.

  • 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


    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.