Product Liability

  • July 26, 2017

    Chipotle Hit With Another Subpoena In Food Safety Probe

    Chipotle Mexican Grill received a new subpoena from California federal prosecutors last week seeking information on a recent illness outbreak in Virginia as part of an ongoing investigation into food safety matters, the restaurant chain disclosed in a regulatory filing Wednesday.

  • July 26, 2017

    J&J Hid Talc Cancer Risk To Save Image, Calif. Jury Told

    Johnson & Johnson hid the dangers of talcum powder to preserve its corporate image, counsel for a woman alleging J&J’s products gave her terminal ovarian cancer said during Wednesday’s opening statements in the much-anticipated first California jury trial over the J&J products.

  • July 26, 2017

    Jury Instructions Foiled Mazda Seat Belt Suit, 9th Circ. Finds

    The Ninth Circuit on Wednesday said a Montana federal jury had been improperly instructed on product liability law before finding Mazda Motor Corp.'s seat belt design was not responsible for a woman's injury.

  • July 26, 2017

    J&J, DePuy To Face Partly Revived FCA Suit Over Hip Device

    A First Circuit panel on Wednesday partially revived claims against Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. in a False Claims Act suit filed by two whistleblower physicians over allegedly defective hip replacement devices.

  • July 26, 2017

    Cohen Milstein Tapped As Co-Lead Counsel In Flint Litigation

    Cohen Milstein Sellers & Toll PLLC said Wednesday that it and another firm were tapped by a Michigan federal judge as interim co-lead counsel in a group of proposed class actions brought by Flint, Michigan, residents and businesses over the city’s lead-tainted water crisis.

  • July 26, 2017

    American Airlines Can't Escape Negligent Supervision Row

    A Pennsylvania federal court refused Wednesday to let American Airlines duck allegations that it negligently supervised a male employee who assaulted a female co-worker in a break room after he had sexually assaulted her in her home and she had obtained an order blocking him from interacting with her at work.

  • July 26, 2017

    Siemens Beats Suit Over $7M Bill For Busted Turbine

    A federal judge in Texas on Wednesday confirmed an arbitration award in favor of Siemens Energy Inc. stemming from a dispute between it and insurers Associated Electric & Gas Insurance Services Ltd. and ACE American Insurance Co. over who is liable for a $7.1 million payment made after a gas turbine broke down.

  • July 26, 2017

    $2.7M Not Enough Interest In Exxon Valdez Row, 9th Circ. Told

    In a case that stems from the 1989 Exxon Valdez oil spill, a seafood processing company told the Ninth Circuit Tuesday it should have received much more than the approximately $2.65 million Exxon Mobil Corp. was told to pay, saying the Alaska district court left off years of owed interest.

  • July 26, 2017

    J&J Wants 5th Circ. To Block Fourth Hip Implant Bellwether

    Johnson & Johnson on Tuesday asked the Fifth Circuit to block a Texas federal judge from presiding over a fourth bellwether trial involving metal-on-metal hip implants, arguing the Texas court has jurisdiction only over pretrial proceedings as part of multidistrict litigation.

  • July 26, 2017

    J&J Can't Beat Andover False Ad Suit Over Bandages

    A Massachusetts federal judge on Tuesday kept alive a suit alleging Johnson & Johnson took market share from Andover Healthcare Inc. by misrepresenting that its elastic wraps are free from natural rubber latex.

  • July 26, 2017

    Takata Delays Action On Unique Bankruptcy Funding Plans

    Air bag maker Takata told a Delaware bankruptcy judge Wednesday that it was adjourning action on an accommodation transaction designed to finance the company’s insolvency proceedings and that milestones included in the plan had been extended.

  • July 26, 2017

    Country Star Zac Brown Looks To Exit Concert Injury Suit

    Popular country singer Zac Brown asked a Massachusetts federal judge on Wednesday to dismiss claims brought against him by a woman who says she was injured at a Zac Brown Band concert when he grabbed her hand, causing the crowd to surge forward and knock a barricade onto her.

  • July 26, 2017

    Sunken Cargo Ship Owners Settle Claims Of FedEx, Others

    The owners of the S.S. El Faro, a cargo ship that sank near the Bahamas during Hurricane Joaquin in 2015, have settled claims over lost cargo brought by FedEx and others, according to documents filed Tuesday in Florida federal court.

  • July 26, 2017

    FDA Raises Safety Concerns With Hep B Vaccine

    The U.S. Food and Drug Administration raised safety concerns with Dynavax Technology Corp.’s hepatitis B vaccine Heplisav-B, saying that there were more deaths and serious cardiac events seen in patients taking the vaccine than those taking a comparative drug.

  • July 26, 2017

    Mattress Co. Can’t Put Suit Alleging Smear Of Rival To Bed

    A Utah federal judge refused Tuesday to toss or move a lawsuit alleging a mattress business and an internet review site worked hand-in-glove to orchestrate a smear campaign suggesting another company's mattresses could cause cancer, finding the rival had sufficiently linked them to the effort.

  • July 26, 2017

    Fiat Loses Early Bid To Beat Class Cert. In Defect Suit

    A California federal judge on Tuesday denied Fiat Chrysler’s bid to prevent class certification in a putative class action from Dodge Dart owners over alleged clutch defects, shooting down arguments that the plaintiffs’ counsel is inadequate because they didn’t address a settlement offer with their clients.

  • July 26, 2017

    GM Appeals Successor Liability Over Nonswitch Claims

    General Motors is appealing a court ruling that widened the scope of its post-bankruptcy responsibility for defects in pre-bankruptcy cars, it said Tuesday, signaling that it will fight allegations of shifting and steering defects as doggedly as it pursued last year's unsuccessful appeals to snuff out liability for a well-known ignition switch defect. 

  • July 26, 2017

    German Auto Giants Hit With Antitrust Suit Amid EU Probe

    German luxury vehicle manufacturers including Volkswagen, Daimler and BMW have spent two decades conspiring to increase the prices of their automobiles, a proposed class of drivers told a New Jersey federal court, basing their antitrust claims on alleged admissions made to European regulators.

  • July 26, 2017

    FDA Investigates Maradol Papayas For Salmonella Risk

    The U.S. Food and Drug Administration said Tuesday it is working with the Centers for Disease Control and Prevention, Maryland Department of Health and others to investigate a salmonella outbreak associated with certain papayas.

  • July 26, 2017

    Apple Gets Faulty IPhone Screen Claims Trimmed

    A California federal judge on Tuesday tossed warranty claims and some consumer fraud claims against Apple Inc. in a proposed class action alleging the technology giant failed to fix a touch-screen defect in iPhone 6 and iPhone 6 Plus devices that caused unresponsiveness and bending.

Expert Analysis

  • The 9th Circ.'s Expansive Reading Of Escobar In Gilead

    Sean Hartigan

    Although each of the Ninth Circuit's determinations in U.S. v. Gilead may be appropriate given the specific facts, together they seem to establish a low bar to meet Escobar’s implied certification test, say attorneys with Smith Pachter McWhorter PLC.

  • When Safety Features Are Optional, Manufacturers Beware

    Richard Rubenstein

    New York courts have recognized that optional safety features are appropriate under some circumstances — for example, when equipment is operated by trained employees. But the recent ruling in Fasolas v. Bobcat of New York, where the end user was a customer of an equipment rental yard, should concern manufacturers, says Richard Rubenstein of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • And Now A Word From The Panel: Who Wants To Be An MDL?


    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Shift In CPSC Leadership Means More Changes To Come

    Erin Bosman

    At the midpoint of 2017, a look back at the U.S. Consumer Product Safety Commission’s activity under the Trump administration shows changes in recalls and penalties relative to previous years, new focal points for safety initiatives and enforcement, and a key development from the White House that could affect the CPSC’s regulatory approach in the future, say attorneys with Morrison & Foerster LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.