We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Product Liability

  • March 19, 2019

    Conagra Eludes Another Popcorn Trans Fat Suit, For Now

    A California federal judge on Monday delivered a mixed ruling in a proposed class action over the presence of artificial trans fat in Conagra's Crunch 'n Munch popcorn, nixing some claims outright but leaving the door open for others to be pursued with more supporting information. 

  • March 19, 2019

    BREAKING: Monsanto’s Roundup Likely Caused Cancer, Calif. Jury Says

    A California federal jury found Tuesday that Monsanto's Roundup weedkiller was likely a substantial factor in causing a man's cancer, delivering a major blow to the Bayer AG unit in the first such federal bellwether trial and setting the stage for a second phase to determine damages.

  • March 19, 2019

    TripAdvisor Customer Fights To Keep Shoddy Tour Suit In NJ

    A woman who was injured during an all-terrain vehicle tour booked through a subsidiary of TripAdvisor urged a New Jersey federal judge Monday not to dismiss her suit or transfer it to another district, saying the companies had control over the products they offered and should be held responsible.

  • March 19, 2019

    Asbestos Injuries Covered By Maritime Law, Justices Say

    The U.S. Supreme Court found Tuesday that manufacturers are liable for injuries caused by parts with asbestos that were added later on to their products by third parties, affirming the special protections extended to sailors under maritime law.

  • March 18, 2019

    Asbestos Trust Fight Delays Maremont's Ch. 11 Approval

    A Delaware bankruptcy judge said Monday he would not approve former auto parts maker Maremont Corp.'s Ch. 11 plan in its current form due to concerns whether an asbestos claims trust set up as part of the bankruptcy has enough procedural safeguards in place to protect it from fraudulent claims.

  • March 18, 2019

    Enviros, Dems Slam EPA Plan For Toxic Paint Stripper

    The U.S. Environmental Protection Agency on Friday bowed to public pressure and banned methylene chloride in all paint removers for consumer use, but environmental groups criticized the agency for leaving the door open to commercial use of the toxic chemical.

  • March 18, 2019

    As Judicial Ranks Stagnate, 'Desperation' Hits The Bench

    Litigation’s languishing, judges are burned out and attorneys are avoiding federal courts. While filings have increased 38 percent since 1990, the bench has grown by only 4 percent, thanks to congressional gridlock. How is the legal system coping? (This article is part of a series on the lack of new judgeships in the federal judiciary).

  • March 18, 2019

    These Are The Nation's 27 Most Overworked District Courts

    The Judicial Conference of the United States has recommended Congress add 73 permanent federal district judgeships to 27 districts in 18 states. They include courts with high caseloads, stopgap judgeship positions and yearslong vacancies. (This article is part of a series on the lack of new judgeships in the federal judiciary).

  • March 18, 2019

    Mesh Victims Slam J&J's 'Judge-Shopping' In Pa. Recusal Bid

    A Johnson & Johnson unit was accused in court filings on Monday of “judge-shopping” as the company seeks to remove a member of the Philadelphia County bench whose mother is pursuing her own claims against the company from trying cases over injuries caused by allegedly defective pelvic mesh implants.

  • March 18, 2019

    US Supreme Court Skips Military Base Dog Bite Suit

    The U.S. Supreme Court declined Monday to review a Texas Supreme Court's ruling that a private military contractor that supplies bomb-sniffing dogs can't be sued over a dog bite of a civilian Honeywell worker at an Afghanistan military base.

  • March 18, 2019

    Whole Foods Customers Reach $4M Kombucha Labeling Deal

    A proposed class of Whole Foods customers has reached a $4 million settlement with the supermarket and a kombucha manufacturer to end claims that the company's fermented tea beverages are mislabeled as non-alcoholic and sold to unsuspecting children and pregnant customers.

  • March 18, 2019

    High Court Won't Review Ohio Toxic Tort Class Certification

    The U.S. Supreme Court on Monday declined to hear arguments that lower courts used an overly broad interpretation of class action certification rules when they certified a class of Ohio residents in a suit over alleged groundwater pollution.

  • March 15, 2019

    Honda Looks To Escape Suit Over CR-V Seat Belts

    Honda asked a California federal court Friday to toss a proposed class suit brought by a CR-V driver alleging the automaker's rear seat belt buckles are defective, as Honda said the buckles work as designed and design flaws aren't covered under Honda's warranty.

  • March 15, 2019

    Insurer Needn't Defend 'Superfood' Juice Co. In Fraud Suits

    A Utah federal judge on Friday ruled that Starr Indemnity & Liability Co. has no duty to defend "superfood" juice maker MonaVie Inc. in a pair of proposed class actions alleging the now-defunct company promoted bogus health drinks through a predatory pyramid scheme, saying a policy exclusion clearly bars coverage.

  • March 15, 2019

    Purdue Says Cameras Will Turn Opioid Trial Into 'Media Circus'

    OxyContin maker Purdue Pharma LP is imploring an Oklahoma judge not to allow cameras in the courtroom of a landmark opioid trial, warning of a "media circus" that will lead jurors astray and encourage lawyers to "ham it up."

  • March 15, 2019

    Pret A Manger Faces $5M False Ad Suit Over 'Natural' Label

    Pret A Manger got hit Friday in New York federal court with a proposed consumer class action claiming damages of more than $5 million and asserting the sandwich chain's "natural" label is misleading because its products contain GMOs and other synthetic ingredients.

  • March 15, 2019

    DOT Wants Input On GM Bid To Deploy Driverless Fleet

    The U.S. Department of Transportation on Friday asked for public comment on a petition from General Motors LLC to temporarily lift a slew of safety standards on the automaker’s driverless vehicles so GM can roll out its planned autonomous ride-hailing program.

  • March 15, 2019

    Pfizer, Hospira Beat FCA Suit Over Faulty Infusion Pumps

    Pfizer Inc. and its Hospira Inc. unit have beat a False Claims Act suit accusing them of silently fixing defects with infusion pumps without telling customers or the U.S. Food and Drug Administration, with an Illinois federal judge saying the whistleblower didn't specifically allege any Medicare fraud.

  • March 15, 2019

    Fla. Judge OKs $38M Gun Defect Settlement

    A Florida federal judge gave preliminary approval Friday to a $38 million class settlement ending claims Brazilian gun manufacturer Forjas Taurus SA sold more than a quarter-million revolvers in the U.S. with multiple defects that can allow them to go off when dropped.

  • March 15, 2019

    Insys Exec Denied Mistrial Bid After 'Salacious' Testimony

    A former Insys Therapeutics sales manager was denied a mistrial Friday by a Massachusetts federal judge, who ruled that “salacious” testimony about the company allegedly discovering topless photos of her online was admitted not for its truth or lack thereof, but rather because it was relevant in the context of the racketeering trial.

Expert Analysis

  • Justices Offer Practical Approach To Class Appeal Deadline

    Author Photo

    The U.S. Supreme Court's recent opinion in Nutraceutical v. Lambert held that Federal Rule of Civil Procedure 23(f)’s 14-day limit for class certification appeals is not subject to equitable tolling, presenting important lessons for both the winners and losers of class certification orders, say attorneys at Faegre Baker Daniels.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

    Author Photo

    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

    Author Photo

    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Aviation Watch: Is The 737 MAX Safe To Fly?

    Author Photo

    The Federal Aviation Administration is often criticized for being a captive of the industries it regulates, but last week's FAA order grounding Boeing's 737 MAX aircraft resulted from presidential pressure. When such considerations override the agency's professional judgments, the traveling public suffers, says Alan Hoffman, a retired product liability attorney and private pilot.

  • Refreshed Efficiency Regulations May Impact Appliance Cos.

    Author Photo

    With the U.S. Department of Energy proposing to rewrite its process for determining energy efficiency standards under the Energy Policy and Conservation Act, appliance manufacturers and importers must understand how these changes may affect their products, say attorneys with Crowell & Moring LLP.

  • Opinion

    FTC Must Step Up Policies On False 'Made In USA' Claims

    Author Photo

    While the Federal Trade Commission is mandated to defend the integrity of "made in USA" labels, settlements in recent years have established a trend of failing to punish even the most egregious of fraudulent claims, says Anson Smuts of O'Keefe.

  • Rebuttal

    Attys In Opioid Suits Are Holding Big Pharma Accountable

    Author Photo

    A recent Law360 guest article suggested that law firms representing states and municipalities against opioid manufacturers are unscrupulous for working on a contingency basis. But these plaintiffs cannot afford the enormous costs and need contingency-based lawyers, says David Scott of Scott & Scott Attorneys at Law LLP.

  • Ethical Social Media Marketing For Lawyers

    Author Photo

    Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.

  • Q&A

    A Chat With Norton Rose Diversity Director Nina Godiwalla

    Author Photo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Nina Godiwalla, director of diversity and inclusion at Norton Rose Fulbright.

  • 5 Takeaways From DOJ Objection To Cookie Class Settlement

    Author Photo

    In its opposition to the proposed class settlement in Cowen v. Lenny & Larry’s, the U.S. Department of Justice provides insight into how settlements could trigger unfavorable attention from the agency moving forward, say attorneys with Troutman Sanders LLP.