Product Liability

  • March 24, 2017

    Fiat Chrysler Prevails In Recall Suit Over Jeep Fuel Tanks

    A Missouri federal judge on Friday released Fiat Chrysler from a proposed class action brought by Jeep owners alleging the automaker attempted to downplay a fuel tank defect, saying there’s no evidence that press releases regarding the defect posted on the automaker’s website were ever sent to dealerships.

  • March 24, 2017

    Yamaha Beats Bid To Revive Motor Defect Action At 9th Circ.

    Owners of Yamaha outboard motors who claim a defect caused dangerous corrosion had their putative class action sunk by the Ninth Circuit on Friday when a panel found they couldn’t show how the alleged defect led to an unreasonable safety hazard.

  • March 24, 2017

    ABA President Balks At Rep's Call For More Lawyer Ad Regs

    The president of the American Bar Association pushed back Friday on a call from a U.S. House of Representative judicial leader for new regulations on "dangerous attorney advertisements” put out by firms seeking clients for cases against drugmakers, reminding him of First Amendment protections and rules that are already in place.

  • March 24, 2017

    ADT Agrees To Pay $16M To End Alarm Hackability Suits

    ADT LLC has agreed to pay $16 million to end five separate proposed class actions alleging the home security company deceived consumers about the efficiency of its devices and their vulnerability to hacking, according to documents filed in California federal court on Thursday,

  • March 24, 2017

    Judge Body-Slams WWE, Wrestlers Over Lengthy Briefs

    A Connecticut federal judge on Friday skewered World Wrestling Entertainment Inc. and a pair of former wrestlers that claim the dangers of repeated head traumas were hidden from them, telling both sides their briefs for a summary judgment bid were far too long.

  • March 24, 2017

    BIA Can Ditch Liability In Flooded Spuds Suit, Judge Says

    An Idaho federal judge gave a quick win to the Bureau of Indian Affairs on Friday in a suit brought by a potato farmer who alleged the agency was liable for $300,000 in flooding damage to his crops caused by the Fort Hall Irrigation Project, saying BIA never assumed a duty to maintain private farm ditches.

  • March 24, 2017

    Pa. School District Sues Turf Provider Over Defective Fibers

    A Pennsylvania school district on Thursday filed the latest in a number of would-be class action lawsuits accusing Fieldturf USA in Pennsylvania federal court of providing fields that it knew had defective artificial turf fibers.

  • March 24, 2017

    Enviros Granted New Life In Calif. Asphalt Plant Dispute

    A California appeals court on Thursday reversed the dismissal of one of an environmental group’s suits aimed to prevent asphalt production at an aggregate operation site in Mendocino County, California, saying there is established precedent allowing California Environmental Quality Act claims against air quality management districts such as the one challenged in the suit.

  • March 24, 2017

    GM Drivers Say Experts' Testimony Holds Water

    Several drivers in upcoming trials over General Motors' alleged ignition switch defect on Friday blasted the automaker’s criticisms of their expert witnesses as “meaningless,” telling a New York federal judge that GM fails to address their opinions head on and that its own experts offer unreliable and misleading opinions.

  • March 24, 2017

    Janssen Beats Untimely Calif. Appeal Over Risperdal Death

    A mother whose son died during a clinical study of Janssen Pharmaceuticals’ antipsychotic medication Risperdal waited too long to appeal certain claims that had been dismissed in her wrongful death suit against the company — which on different claims won her $5.6 million — a California appeals court said Thursday.

  • March 24, 2017

    Ex-Monsanto Lawyer Must Hand Over Docs In Syngenta MDL

    A Kansas federal court on Friday partially granted a demand from a group of corn producers to compel documents from a former Monsanto in-house attorney in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, saying there could be relevant information in the attorney’s possession.

  • March 24, 2017

    Asbestos Firms Shed Racketeering Suits For Lack Of Ill. Ties

    Industrial manufacturer John Crane Inc. cannot pursue claims against asbestos plaintiffs firms Simon Greenstone Panatier Bartlett PC and Shein Law Center Ltd. for allegedly providing false histories for clients during asbestos litigation, as the firms lack sufficient ties to Illinois, according to parallel rulings in federal court Thursday.

  • March 24, 2017

    Fiat Chrysler Wants Hidden Tire Defect Class Suit Tossed

    The maker of Dodge and Chrysler vehicles on Thursday asked a federal judge in New York to dismiss a proposed class action over an alleged costly and hidden tire defect, saying that most named plaintiffs don’t even live in New York and the only one who does belongs to a practically identical suit.

  • March 24, 2017

    Pa. Judge Tosses Actiq Off-Label Marketing Suit

    A Pennsylvania state court judge on Thursday threw out a lawsuit claiming Cephalon’s off-label marketing of its opiate painkiller "lollipop" Actiq was responsible for a migraine sufferer’s death, finding a prescribing physician was not ignorant to the risks of the medication.

  • March 23, 2017

    Verdict Form Reveals Close Call In Meningitis Murder Case

    An unprecedented case ended in a most unusual way: Jurors considering a sweeping indictment against a Massachusetts pharmacist who shipped mold-infested drugs that caused a deadly fungal meningitis outbreak declared him not guilty of murder on Wednesday, but appeared to indicate that the majority wanted to convict him.

  • March 23, 2017

    Investors Hit Meat Processing Co. Over Bribery Concealment

    Investors in Brazilian meat processing company JBS SA sued the company and its executives Wednesday in Pennsylvania federal court, alleging management concealed evidence of poor food quality and bribery of plant inspectors, leading to a stock drop.

  • March 23, 2017

    Sears Customers Seek Final OK On Grill Settlement

    Sears customers who said their grills had steel parts that failed early asked an Illinois federal judge on Wednesday to give a final blessing to a settlement that is set to provide thousands of people with a gift card of as much as $180 or with a free repair.

  • March 23, 2017

    Supplement Co. Lied About Biotin Benefits, Class Action Says

    Nature’s Bounty Inc. has been misleading consumers about the health benefits of biotin because most Americans get enough of the vitamin via their daily diets, a California woman said in a proposed class action filed Wednesday in California federal court.

  • March 23, 2017

    German Prosecutors Probe Daimler Diesel Emissions

    A German prosecutor’s office has launched a probe into whether Daimler AG employees committed fraud over the sales of its diesel cars by faking emissions documents, according to media reports on Wednesday.

  • March 23, 2017

    Tempur-Sealy Suit May Widen Insurers' Class Action Exposure

    Tempur-Sealy International recently asked the Ninth Circuit to affirm a ruling that it is entitled to defense coverage for a putative class action alleging it downplayed the harmful effects of chemicals in its mattresses, and attorneys say a decision in the company's favor could greatly expand insurers' burden to defend against class complaints seeking only economic losses.

Expert Analysis

  • How Past And Present Aerial Photography Can Make The Case

    David Ruiz

    Many cases hinge on visual evidence. And aerial photography can play a key role, showing how geographic features or buildings looked in the past or have changed over time. Legal teams should be aware of the aerial photography resources available and the impact technological advances in the field may have on helping prove their case, says David Ruiz of Quantum Spatial Inc.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • A Gorsuch Decision In Favor Of Federal Jurisdiction

    Forrest Latta

    U.S. Supreme Court nominee Neil Gorsuch's legal path has adhered closely to waypoints of originalism and conservatism in his career. But judicial conservatism and political conservatism do not always follow parallel paths. A recent example is Gorsuch’s opinion for the Tenth Circuit in Hammond v. Stamps.com, favoring federal removal jurisdiction despite concerns of federalism and state authority, says Forrest Latta of Burr & Forman LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Why Calif. May Be The New Frontier For Autonomous Vehicles

    Linda Pfatteicher

    This month, the California Department of Motor Vehicles released new draft regulations governing the testing and deployment of autonomous vehicles. California's announced commitment to advancing innovation is especially important now that states like Michigan and Florida are challenging its forerunner role in testing autonomous vehicles, say attorneys with Squire Patton Boggs LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • What Consumers Really Think About Reference Price Labels

    Joel Steckel

    Many retailers present a higher reference price, labeled with "compare at," "originally" or some other term, next to the actual selling price of an item. Now that this practice has become the subject of government scrutiny and numerous class actions, empirical research into how such reference prices are actually perceived by consumers is essential, say members of Analysis Group.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.