Lowe’s Companies Inc. on Friday asked to move to Massachusetts federal court a lawsuit brought by a woman who says a personal heater she purchased from the retail home improvement chain severely burned her breast.
Hundreds of “ghost lawyers” who showed up at the $10 billion resolution of multidistrict litigation over Volkswagen AG’s diesel-emissions scandal shouldn’t get a cut of the awarded fees and costs since their work didn’t benefit the whole class, the vehicle owners told the Ninth Circuit on Thursday.
An occupational medicine expert told a New Jersey jury on Thursday that a man alleging Johnson & Johnson’s baby powder contains asbestos faces a painful death from mesothelioma, and that the disease was caused by his daily use of J&J’s products.
The Coca-Cola Co. asked a California federal judge Thursday to end a false advertising suit brought by a proposed class of consumers who say the artificial sweetener found in Diet Coke causes weight gain, arguing that the U.S. Food and Drug Administration’s definition of “diet” has to do with calorie count, not weight management.
The Ninth Circuit on Thursday upheld $1.5 million in attorneys’ fees awarded to a woman who accused Ford Motor Co. of neglecting to disclose acceleration defects in 150,000 vehicles, rejecting challenges from each of the parties.
Sills Cummis & Gross PC has added to its Newark, New Jersey, office a group of five former Locke Lord LLP litigators led by renowned product liability attorney James E. Tyrrell Jr., known for representing powerhouses like Monsanto Co., ExxonMobil Corp. and others, the firm announced Wednesday.
A Georgia state jury on Wednesday hit Suzuki Motor Corp. with a $12.5 million verdict in a trial over a motorcycle accident that broke a man’s spine and permanently injured him, finding that a defective front brake caused the 2013 crash.
Ford Motor Company, Bridgestone Americas Inc. and Bridgestone Americas Tire Operations LLC won their bid to duck a lawsuit brought by a family following a fatal car crash in Mexico, with a Texas appellate court holding on Thursday that Texas courts don't have jurisdiction over the case.
The Sixth Circuit upheld the permanent toss of spinal patients' claims that an unsafe biologic caused excess bone growth and constant, incurable pain, saying Thursday it is too late for the patients to challenge the argument that only the federal government can bring such claims.
The widow of a Reed Smith LLP partner who committed suicide after taking a generic version of GlaxoSmithKline LLC’s antidepressant Paxil urged the Seventh Circuit to preserve a verdict finding the company liable Wednesday, arguing GSK hasn’t shown it would have been barred from warning about the risks.
California's highest court has agreed to review Actavis' challenge of a lower court's ruling that it isn't covered under a Travelers policy for lawsuits alleging its misleading marketing of painkillers has fueled the nation's opioid addiction problem and caused a spike in heroin use, according to a Wednesday docket entry.
General Mills Inc. misrepresents that its fruit-flavored snacks that resemble SpongeBob SquarePants and other popular children’s characters are all-natural although they contain artificial flavoring, a consumer contends in a proposed class action removed to California federal court on Wednesday.
The World Trade Organization on Thursday struck down South Korea’s ban on Japanese fish in the wake of the 2011 Fukushima nuclear disaster, ruling that Seoul structured its safeguards in a way that was more trade-restrictive than necessary to protect public health.
A Spanish supplier to Trader Joe's Co. urged a federal judge on Wednesday to dismiss it from a false-labeling suit claiming it provided the "truffle aroma" used in the grocer's truffle-flavored olive oil that allegedly contains "no black truffle whatsoever," saying it has no New York presence and can't be included in the suit.
Conagra Brands Inc. asked the First Circuit on Tuesday to uphold the dismissal of a proposed class action alleging its Wesson brand cooking oils are misrepresented as "natural," arguing the labeling is in fact consistent with decades-old federal policy about the use of the term.
The D.C. Circuit received pressure Tuesday to overturn parts of a U.S. Food and Drug Administration regulation that brought electronic cigarettes under the reign of the Tobacco Control Act, with a series of amici claiming there are serious First Amendment and public safety risks at play.
A woman who won a $28 million verdict in a bellwether case over injuries allegedly linked to the blood thinner Xarelto has argued the Pennsylvania judge who threw out her damages award ignored evidence that additional warnings would not have changed her doctor's decision to prescribe the medication.
A New Jersey county hit OxyContin maker Purdue Pharma and several other opioid manufacturers, distributors and retailers with a suit in state court Wednesday accusing the former of sparking the opioid epidemic with deceptive marketing practices that the others eventually adopted.
The Pennsylvania federal judge overseeing the uncapped concussion settlement on Tuesday ordered a group of related financial firms to stop contacting former National Football League players following allegations from class counsel that the firms are pressuring players to hand over their retirement accounts.
Apple Inc. urged a California federal judge Wednesday to find it doesn’t need to hold onto every battery it replaces from iPhones in a slew of proposed class actions alleging it misled consumers by slowing phones with diminished battery capacities, arguing that preserving every battery poses health and environmental hazards.
In Victor v. Bigelow and Khasin v. Bigelow, the Ninth Circuit recently found that injunctive standing in the misbranding context is limited and requires a current intent to purchase challenged products in the future. Whether a plaintiff has standing to pursue an injunction may depend on the plaintiff’s deposition testimony, say Alexandra Laks and Lucia Roibal of Morrison & Foerster LLP.
You cannot fight alternative facts with facts alone. But with a combination of inoculation, changing the narrative, and building common ground between the jury and your experts, you should be able to significantly lessen their impact, says Kirstin Abel, managing partner at Bodyfelt Mount LLP and vice chair of the Trial Techniques and Tactics Committee of the International Association of Defense Counsel.
Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.
It was anticipated that last year's U.S. Supreme Court ruling in Bristol-Myers Squibb would have immediate and significant impacts nationwide. Those impacts have been seen at the state level in recent months, as evidenced by several trial courts dismissing out-of-state plaintiffs’ claims where specific personal jurisdiction could not be established, says Kevin Penhallegon of Miles & Stockbridge PC.
A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.
The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP.
Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.
Despite decades of research on safe temperature thresholds for car seat heaters, some automakers are still designing heaters to work in higher temperature ranges, still manufacturing heaters that get much hotter than their design specifications and still forgoing simple countermeasures that their peers have been implementing since the 1980s, say Sean Kane and Ellen Liberman of Safety Research & Strategies Inc.
Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.
Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.