Product Liability

  • July 21, 2017

    Australian Police Link Takata Air Bag To Death

    Australian police on Friday said that a faulty Takata air bag subject to a worldwide recall was likely what killed a man in a car crash last week, the first death in the country linked to the air bags.

  • July 21, 2017

    Jury Begins Deliberations In Suit Over AbbVie's AndroGel

    A man who claims he had a heart attack after using AbbVie Inc.’s testosterone replacement therapy drug AndroGel made his final plea to the Illinois federal jury hearing his case Friday, saying every decision the company made about the product had “consequences for real people.”

  • July 21, 2017

    Hormone Clinic Chain Must Pay $18M Over Safety Claims

    A Tennessee state judge has ordered hormone therapy clinic chain HRC Medical Centers Inc. and three of its principals to pay $18 million after they misled patients about the safety of the hormones being injected, the state attorney general said Friday.

  • July 21, 2017

    Attys For VW 3.0L Vehicle Owners Score $125M In Fees

    A California federal judge on Friday approved $125 million in fees and costs for attorneys who represented owners of Volkswagen AG’s pricier 3.0-liter engine vehicles with emissions-cheating devices, according to an order that noted the fees wouldn’t pull from the class recovery funds.

  • July 21, 2017

    FDA's E-Cig Rule Survives Industry Challenge

    The U.S. Food and Drug Administration acted within its authority when it enacted a major new regulation requiring electronic cigarettes to win agency approval, a D.C. federal judge ruled Friday.

  • July 21, 2017

    Trump's Retreat On Climate Change Spurs State Tort Suits

    Lawsuits recently filed in California accusing fossil fuel companies of knowingly causing climate change-related damages signal a new wave of state-court climate tort litigation as the Trump administration pulls back from climate regulation, experts say, though they add that pursuing those suits will be a tall order.

  • July 21, 2017

    Nissan’s Timing Chains Pose Safety Risks, Drivers Say

    Nissan drivers alleging the automaker concealed a defectively designed timing chain tensioning system urged a California federal judge Thursday to keep alive their class action, saying they are able to sufficiently demonstrate their safety concerns.

  • July 21, 2017

    Ford, Mazda Want To Get Out Of New Takata Air Bag Recall

    Ford and Mazda plan to ask the National Highway Traffic Safety Administration to be exempted from Takata Corp.'s recently announced recall of 2.7 million more air bag inflators installed in vehicles sold in the U.S., with Ford saying no data currently suggests a recall of its vehicles is necessary.

  • July 21, 2017

    VW To Shell Out Another $154M To Calif. In Emissions Deal

    Volkswagen AG will pay another $154 million to California over the company’s use of devices to cheat environmental standards, bringing total payments over the emissions scandal to the Golden State to nearly $687 million, according to a consent decree approved Friday.

  • July 21, 2017

    Diesel Drivers Ask For Buybacks In Fiat Emissions MDL

    Drivers in multidistrict litigation in California federal court alleging that certain diesel engines in Fiat Chrysler Automobiles NV vehicles were equipped with hidden software to pass emissions testing are seeking a buyback program for the affected cars, as well as monetary damages.

  • July 21, 2017

    Cherokee Nation Says Opioid Dispute Belongs In Tribal Court

    The Cherokee Nation fought Friday to continue pursuing in its tribal court a lawsuit seeking to hold Walgreens, McKesson and other companies accountable for an opioid crisis plaguing its citizens, saying the case is akin to ones brought by state governments in their own courts and an “expression of its sovereign right.”

  • July 21, 2017

    Monsanto, BASF Hit With Class Action Over Herbicide Safety

    Chemical giants Monsanto Company and BASF Corp. have manufactured a defective herbicide that has damaged soybeans and other crops not genetically modified to withstand it, forcing the state to ban the herbicide and causing farmers substantial harm, according to a proposed class action filed Thursday in Arkansas state court.

  • July 21, 2017

    Nissan Hit With $25M Verdict For Brake Defect In Fatal Crash

    A braking system software defect in a Nissan-made SUV was the cause of a traffic accident that killed three people, a California jury held on Friday, awarding roughly $25 million to the surviving driver and family members of the deceased.

  • July 21, 2017

    EPA Wrongly Delaying Chemical Rule, Enviros Tell DC Circ.

    Green groups and the nation’s largest industrial union told the D.C. Circuit on Thursday that the U.S. Environmental Protection Agency is improperly twisting the Clean Air Act to justify a 20-month delay of an Obama-era chemical risk management rule.

  • July 21, 2017

    Greenberg Traurig Adds OSHA Expert To Employment Team

    Greenberg Traurig LLP is beefing up its labor and employment practice by bringing on former general counsel to the federal Occupational Safety and Health Review Commission, the firm announced this week.

  • July 21, 2017

    JPMorgan Pays Up To Settle Enviro Violations Nationwide

    JPMorgan Chase & Co. agreed to fork over more than $230,000 in civil penalties to resolve federal environmental violations it voluntarily admitted at dozens of its bank branches and other facilities across the country, the U.S. Environmental Protection Agency said in a notice published Friday in the Federal Register.

  • July 21, 2017

    DC Circ. Affirms DOT's E-Cig Ban On Commercial Flights

    A divided D.C. Circuit on Friday upheld the U.S. Department of Transportation's ban on electronic cigarette use on commercial flights, saying the regulation reasonably squared with federal law banning traditional smoking on airplanes to protect passengers’ health and to maintain safe and adequate air transportation.

  • July 21, 2017

    Audi To Recall 850K Diesel Vehicles Outside US, Canada

    Audi AG will be recalling up to 850,000 diesel vehicles outside of the U.S. and Canada to fix emissions-related software, the company said Friday, adding that the decision was made in part to counteract possible driving bans tied to excessive diesel emissions.

  • July 20, 2017

    Jurors Won't Hear Theory J&J Conspired To Hide Talc Danger

    A California judge ruled Thursday that a woman alleging Johnson & Johnson’s talcum powder products caused her ovarian cancer can’t claim during opening statements in next week’s much-anticipated bellwether trial that J&J conspired to keep warning labels off talc products, saying the evidence shows only legal lobbying.

  • July 20, 2017

    Study Says Some Antibiotics Up Risk Of Birth Defects

    A study published Wednesday found certain antibiotics taken during the first trimester of a pregnancy may be linked to major birth defects, including heart malformations, in newborns.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Enforcing Arbitration Clauses In Product Packaging

    Abby Sacunas

    Two recent U.S. Supreme Court decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product packaging. Under certain states’ laws, such clauses may be enforceable — so long as reasonable notice is provided, along with notice that failure to return the product constitutes assent, says Abby Sacunas of Cozen O'Connor.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • New E-Cigarette Studies May Prove Key For Litigators

    Giovanni Ciavarra

    Maintaining a comprehensive awareness of the science is critical to any winning legal strategy — especially in cases involving products like electronic cigarettes, where the science is constantly changing. New studies on whether e-cigarettes can help users quit tobacco, and on how they are perceived by young adults, may be highly useful for litigators, say Giovanni Ciavarra and Sayde Slobodien of Innovative Science Solutions LLC.

  • The Gov't Wants To Tell Your Car How To Drive Your Car

    Michael Nelson

    Congress has been an observer on the sidelines when it comes to laws related to automated cars — up until now. The House Energy and Commerce Committee recently released a series of discussion drafts that, if passed, would not only significantly increase the government’s oversight of highly automated vehicles, but also would look to free automakers from the current patchwork of state regulations, say attorneys with Eversheds Sutherland.

  • Maryland Court Applies Special Standard For Lead Exposure

    F. Ford Loker

    The Maryland Court of Appeals continues to apply its “reasonable probability” standard in proving source exposure and source causation in lead-based negligence cases. But it is unclear what the statutory or policy basis is for carving out a distinct causation standard for lead paint plaintiffs as opposed to other tort plaintiffs, say F. Ford Loker and Katherine Lawler of Miles & Stockbridge PC.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Daubert And Product Liability: Mid-2017 Update — Part 2

    Max Kennerly headshot.jpg

    A review of recent circuit court opinions shows that, as the U.S. Supreme Court intended, the Daubert standard is flexible because science itself is flexible. Daubert is a means by which courts ensure that juries aren’t subjected to unsupported speculation; it’s not a grocery list of arbitrary requirements, says Max Kennerly of Kennerly Loutey LLC.