Product Liability

  • December 15, 2017

    Top Product Liability Cases Of 2017

    The U.S. Supreme Court's decision to overturn a California high court's ruling that 600 nonresidents could pursue claims against Bristol-Myers Squibb over a blood thinner drug heads this year's list of top product liability cases, along with a bankruptcy ruling exposing General Motors to millions of claims not related to its infamous ignition switch.

  • December 15, 2017

    Judge Lambasts Attys In Dirty Jeep Engine Row

    In a fight over dirty engines in Jeep Wranglers, an Ohio federal judge has found there was indeed something very wrong under the hood of the plaintiffs' case.

  • December 15, 2017

    Utica Snags $64M Win Against Reinsurer Over Asbestos

    A New York federal court entered a $64.1 million judgment Friday against Fireman’s Fund Insurance Co. after a jury found the reinsurer should have helped cover client Utica Mutual Insurance Co.'s payout to Goulds Pumps for asbestos liabilities.

  • December 15, 2017

    Plane Crash Insurance Fight In Wrong Court, 10th Circ. Says

    Alabama-based airplane engine maker Continental Motors Inc. cannot be sued in Colorado federal court just because an airplane repair business subscribed to its online service manual program, the Tenth Circuit ruled Friday, affirming a lower court’s decision that Continental’s limited contacts with Colorado simply weren’t enough to establish jurisdiction.

  • December 15, 2017

    NASA Stresses Human Element In Navy Jet Oxygen Issues

    The U.S. Navy needs to focus on the human element and not just the aircraft if it wants to address pilot breathing problems on fighter jets, according to a recent report by NASA.

  • December 15, 2017

    Pearson Simon, Burns Charest To Lead German Auto MDL

    A California federal judge on Thursday picked attorneys from Pearson Simon & Warshaw LLP and Burns Charest LLP as co-lead counsel for plaintiffs in multidistrict litigation accusing Audi, BMW, Volkswagen and other German automakers of a decadeslong antitrust conspiracy covering car technology, costs, suppliers and emissions equipment.

  • December 15, 2017

    Artificial Knee Co. Can't Trim $16M Injury Damages Further

    A Pennsylvania appeals court on Friday rejected a bid by an artificial-knee product manufacturer and a marketing firm to further reduce a $16 million damages award to a patient who reinjured her knee during a promotional video for the product.

  • December 15, 2017

    Midland Insurance Claims Sale Can't Be Secret, Judge Says

    A New York bankruptcy judge on Friday denied a request by Rapid-American Corp. to keep details of a proposed sale of its claims on defunct insurance company Midland Insurance Co. confidential, saying it had not even tried to justify the secrecy.

  • December 15, 2017

    Fla. Defect Notice Ruling May Foster Out-Of-Court Deals

    Florida's high court held on Thursday that an insurance carrier's duty to defend may be triggered by a construction defect notice against its policyholder, a finding that attorneys say could boost insurer participation in a presuit process for resolving defect disputes and lead to more out-of-court settlements.

  • December 15, 2017

    Toss Of Duke Energy Investor Suit Upheld By Del. Justices

    The Delaware Supreme Court affirmed the dismissal of an investor breach of duty suit against the directors of Duke Energy on Friday, saying in a 4-1 split opinion that the Court of Chancery was correct in tossing the suit because the plaintiffs hadn't shown that a litigation demand on the board was futile.

  • December 15, 2017

    The Biggest Environmental Rulings Of 2017

    Courts answered several important environmental law questions in 2017, including how the U.S. Environmental Protection Agency may regulate recycling and hydrofluorocarbons, and how the effects of greenhouse gases must be factored into project analyses. Here are the biggest rulings in environmental cases from 2017.

  • December 15, 2017

    Trump Attacks Visa Lottery Winners As 'Worst Of The Worst'

    President Donald Trump on Friday criticized the nation’s visa lottery system during a speech before law enforcement officers in Virginia, saying that the process allows immigrants who are “the worst of the worst” to enter the U.S.

  • December 15, 2017

    Ann Taylor To Pay $6M To End False Discount Class Action

    A New York federal judge issued preliminary approval on Thursday of a $6.1 million settlement between Ann Taylor's parent company, Ann Inc., and a class of consumers who say the clothing retailer misrepresented discounts marked down from “phantom” prices that never existed at its factory and outlet stores.

  • December 15, 2017

    HP's $6.5M Defective Laptop Deal Held Up Near Finish Line

    A California judge on Friday held off on granting final approval to Hewlett-Packard Co.'s $6.5 million settlement resolving long-running class allegations that it sold laptop computers with defective screens, saying he wouldn't rule on its fairness until after the claims deadline to see if requests exceed available funds.

  • December 15, 2017

    Uber Atty Downplays Tort Risks For Driverless-Car Fleets

    A top lawyer at Uber downplayed concerns that the ride-hailing giant’s planned foray into driverless vehicles will create new hazards in the area of tort liability, saying that fleet operators will have less to worry about than original equipment manufacturers.

  • December 15, 2017

    9th Circ. Sends Insurers' EZ-FLO Suit Back To State Court

    The Ninth Circuit on Thursday affirmed a lower court’s decision to send a group of insurers’ lawsuit over defective water lines back to state court, rejecting a bid by plumbing supply maker EZ-FLO to move the case and saying only named plaintiffs can count toward the minimum number for a federal class action.

  • December 15, 2017

    Romaine Lettuce Linked To Deadly Canadian E. Coli Outbreak

    Canadian health officials are investigating an E. coli outbreak linked to romaine lettuce that has caused 12 individuals to be hospitalized and one death across five Canadian provinces.

  • December 15, 2017

    MVP: Simmons Hanly's Jayne Conroy

    Simmons Hanly Conroy LLC’s Jayne Conroy helped score a $1.04 billion verdict this year on behalf of six patients in the third bellwether trial against Johnson & Johnson and DePuy Orthopaedics, the manufacturer of the Pinnacle metal-on-metal hip replacements, securing her a place as one of Law360’s 2017 Product Liability MVPs.

  • December 15, 2017

    The Biggest Pennsylvania Court Decisions In 2017

    The Pennsylvania judiciary logged another busy year in 2017 as members of both the appellate and trial benches handled major cases, including a wholesale reshaping of environmental law in the state and a string of eye-popping verdicts in pharmaceutical product liability cases.

  • December 14, 2017

    NY High Court Says No Set Rule On Reinsurer's Liability Cap

    New York's highest court held Thursday that one of its prior rulings didn't create a general rule that a reinsurance contract's total liability cap encompasses both indemnity and defense costs incurred by an insurer, resolving a query from the Second Circuit in Century Indemnity Co.'s bid for reinsurance coverage of costs paid to defend Caterpillar in asbestos litigation.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Litigation Is Not The Solution To The Opioid Epidemic

    William Escobar

    It is irresponsible to fit the pharmaceutical industry into the mold of Big Tobacco. The opioid addiction crisis is a public health problem. Litigation is not a proper solution, say members of Kelley Drye and Warren LLP.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Cosmetic Companies Must Plan For New Regulation  

    Arameh O'Boyle

    U.S. senators on both sides of the aisle have proposed cosmetic reform bills, making it likely that Congress will soon pass legislation regulating personal care products. This, in turn, is likely to result in greater litigation against companies making those products, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Autonomous And Connected Vehicles: The Year In Review

    Lawrence Hamilton

    During 2017, advances in the state of autonomous vehicle technology, and in the development of a new regulatory framework, moved at a rapid pace. While some industry experts think fully automated passenger vehicles will arrive by 2020, there are signs it will happen sooner, say attorneys with Holland & Knight LLP.

  • FDA Menu Labeling Guidance: Latest Step On A Long Road

    Arthur DeCelle.jpg

    Nutrition labeling on chain restaurant menus and vending machines, mandated by the Affordable Care Act, advanced last month with the U.S. Food and Drug Administration's publication of draft guidance on the controversial topic. The FDA continues work toward implementing the law, but each step seems to uncover novel issues, says Arthur DeCelle of McDermott Will & Emery LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.