Product Liability

  • October 18, 2019

    Baltimore Asks High Court To OK State Court Climate Suit

    Baltimore on Friday asked the U.S. Supreme Court to reject BP PLC's, Chevron's and other energy giants' effort to stop the city's lawsuit seeking to hold the companies liable for climate change-related infrastructure damage from proceeding in state court.

  • October 18, 2019

    Ford Super-Duty Truck Design Causes Tire Leaks, Drivers Say

    Two Ford Motor Co. F-350 Super Duty truck owners filed a proposed class action against the automaker in Delaware federal court Friday, claiming their pickups are prone to chronic tire leaks due to the vehicles' defective design.

  • October 18, 2019

    Shotgun Shell Makers Denied Early Win In Officer's Defect Suit

    A former SWAT officer’s lawsuit over an allegedly defective shotgun shell got teed up for trial Friday when an Illinois federal judge denied most of the manufacturers’ bid for an early win over his claims.

  • October 18, 2019

    La. Insurer Sues Pharma Cos. Over Opioid Crisis

    A Louisiana insurance fund on Friday hit a slew of drug companies, distributors and pharmacies with a suit in Ohio federal court claiming that they fueled the opioid crisis by downplaying the risks of addiction and failing to spot suspiciously large orders of the drugs.

  • October 18, 2019

    Mass. Vape Ban's Fate To Be Determined Monday

    A ruling on whether to halt Massachusetts' four-month total ban on electronic cigarettes and other vaping products is expected Monday morning, a state court judge said Friday after hearing a third day of testimony over the hot-button issue.

  • October 18, 2019

    DuPont Wants Fresh Shot At Defense In Ohio Cancer Cases

    DuPont on Thursday fought to preserve its right to use defense theories that plaintiffs are attempting to block in multidistrict litigation about the company's alleged improper dumping of toxic chemicals.

  • October 18, 2019

    Feds Can't Dodge Tort Claims In Gold King Mine MDL

    A New Mexico federal judge has ruled that the government had jumped the gun in its bid for an early win in multidistrict litigation over the 2015 Gold King Mine spill, saying Utah, New Mexico, the Navajo Nation and others deserve more discovery about the court's jurisdiction over their tort claims.

  • October 18, 2019

    Apple Pays $6.6M To End Suit Over IPhone 4S Update Glitch

    A California judge on Friday approved Apple Inc.’s $6.6 million deal to resolve a putative class action alleging the tech giant issued iPhone 4S system updates that caused Wi-Fi and Bluetooth connectivity issues, despite expressing concerns over the settlement participation rate.

  • October 18, 2019

    Dick's Can't Dodge Suit Over Defective Athletic Cup

    A South Carolina federal judge on Friday told Dick's Sporting Goods it can't escape a suit alleging the retail chain sold a defective athletic cup, allowing all but one claim in the case to move forward.

  • October 18, 2019

    Honda Gets Calif. Infotainment System Defect Suit Trimmed

    A California federal judge on Thursday trimmed a consumer class action alleging Honda sold vehicles with defective infotainment systems, tossing claims asserted on behalf of a nationwide class of drivers, while keeping alive about a dozen state law-based warranty claims.

  • October 18, 2019

    NECC Pharmacists Lose Bid For New Trial In Meningitis Case

    A pair of pharmacists convicted of shipping mislabeled drugs for the defunct New England Compounding Center — leading to a deadly meningitis outbreak in 2011 — lost their bids for a new trial or acquittal Thursday.

  • October 18, 2019

    J&J Pans Judge's 'Partisan Glee' After $8B Risperdal Verdict

    A Johnson & Johnson unit accused a Philadelphia judge of “partisan glee” when he high-fived and took photos with jurors after they returned an $8 billion punitive damages award over the side effects of Risperdal, asking that he recuse himself from the company’s requested retrial.

  • October 18, 2019

    J&J Recalls Asbestos-Tainted Baby Powder Flagged By FDA

    Johnson & Johnson said Friday it is recalling a shipment of baby powder after the U.S. Food and Drug Administration found the presence of asbestos during an inspection.

  • October 17, 2019

    'Incompetence' Fueled CPSC Data Breaches: Senate Report

    The Consumer Product Safety Commission's improper release of nonpublic data about manufacturers and consumers was caused by "incompetence and mismanagement" rather than any deliberate malfeasance by the commission's staff, a U.S. Senate Commerce Committee probe has found. 

  • October 17, 2019

    What To Watch As Opioid MDL Nears Moment Of Truth

    Amid whirlwind settlement talks, nationwide litigation over the pharmaceutical industry’s alleged role in the opioid crisis is on the cusp of a historic trial. Here, Law360 looks at settlement prospects and key issues if the epic courtroom showdown proceeds.

  • October 17, 2019

    Legal Funder Again Asks 3rd Circ. To Rein In NFL Deal Judge

    Litigation funder Thrivest is continuing to push its contention that the federal judge overseeing the NFL concussion settlement disobeyed a Third Circuit ruling by describing high-interest loans it made to retired players as unenforceable, telling the appeals court Wednesday it should force the judge to "embrace the mandate."

  • October 17, 2019

    Vein Filter Co. Boss Dinged For Talking To Plaintiff From Stand

    The co-founder of a Philadelphia-area medical device company earned a rebuke from a judge and drove a woman from the courtroom in tears on Thursday after he told her he would be able to remove an allegedly defective clot-catching vein filter she says has become permanently lodged in her body.

  • October 17, 2019

    Ex-NFL Player Held In Contempt Over $475K Loan

    A Pennsylvania federal judge overseeing a concussion settlement ordered on Thursday that retired NFL player William E. White be held in contempt for not depositing $1.25 million in escrow to pay off a $475,000 loan, rejecting the former safety's assertions he's too broke to pay.

  • October 17, 2019

    Creditors Slam $11B PG&E Proposal Over Calif. Wildfires

    Creditors blasted Pacific Gas and Electric's proposed settlement of subrogation claims stemming from California's 2017 and 2018 wildfires, saying it locks the bankrupt utility into an $11 billion payment to insurers no matter what direction the case takes in the future.

  • October 17, 2019

    Oregon's Flavored Vape Ban Put On Hold Amid Legal Fights

    Oregon’s ban on flavored vaping products was temporarily blocked a day after going into effect when a state appeals court ordered a stay on Thursday amid legal challenges by vape shops, who argue the measure would decimate the state’s $216 million nicotine vaping industry.

  • October 17, 2019

    Chrysler Drivers Finally Win Class Cert. In Clutch Defect Duel

    A federal judge on Thursday granted certification to a class of California Fiat Chrysler drivers accusing the company of offering a meager response to alleged clutch defects in 2013-2015 Dodge Dart vehicles, giving his blessing to a narrower class more than a year after shooting down an earlier bid.

  • October 17, 2019

    Under Siege, Juul Pulls Most Flavors From US Market

    Embattled e-cigarette giant Juul announced on Thursday that it would suspend sales of all flavors other than menthol and tobacco, as part of an effort to restore public confidence in an industry under fire for its marketing practices and potential health risks.

  • October 17, 2019

    Bryan Cave Atty Overbilled, Cos. In Waste Dumping Suit Say

    Construction companies accused by New York of dumping hazardous material into a Long Island town's park objected to a fee request from the Bryan Cave Leighton Paisner LLP attorney appointed as special master, saying its questionable billing practices warrant cutting the fee in half.

  • October 17, 2019

    8th Circ. Puts Defective Dometic Fridge Suit On Ice

    An Eighth Circuit panel on Thursday ended a suit alleging that Dometic Corp. designed and sold a defective refrigerator that allegedly caused a 2014 storage building fire, backing a lower court that found Dometic had no role in the refrigerator's design or manufacture.

  • October 17, 2019

    Insys Exec Trial Fair Despite Alleged Weil Conflict, Judge Says

    A convicted former Insys Therapeutics Inc. executive "got a fair trial" despite Weil Gotshal & Manges LLP representing him during his criminal trial while guiding the company through its bankruptcy, a federal judge said following a fiery Thursday afternoon hearing over the alleged conflict.

Expert Analysis

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • A Defense For E-Cig Makers Against Vape Lung Illness Claims

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    With a flurry of illnesses and deaths blamed on vaping, plaintiffs attorneys are expected to file thousands of lawsuits against e-cigarette manufacturers. But in California, O’Neil v. Crane establishes that vape manufacturers owe no duty to warn about the dangers associated with other manufacturers’ vaping liquids, says Michael Preciado of Buchalter.

  • 8 Best Practices For Cannabis Transaction Due Diligence

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    Given the extraordinary risks and evolving regulatory landscape in the rapidly expanding cannabis industry, investors should consider due diligence matters across a wide swath of legal fields when evaluating cannabis-focused transactions, say attorneys with Epstein Becker.

  • Why Trump's Orders On Agency Guidance Are Significant

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    ​Two recent executive orders ​​on the use of guidance documents by federal agencies​ represent a major change for virtually every executive agency ​and a historic assertion of the president’s authority under Article II to oversee the independent regulatory agencies, says Paul Noe, former counselor to the administrator of the White House Office of Information and Regulatory Affairs.

  • How AI Is Shaping FDA Medical Device Regulation

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    In this short video, Ben Haas and Elizabeth Richards of Latham discuss the U.S. Food and Drug Administration's recent efforts to account for artificial intelligence and real-world evidence in its medical device approval process.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • A Weak Link In Consumers' FDA Test Claims

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    As class action plaintiffs scrutinize more consumer product labels, they increasingly allege that their own U.S. Food and Drug Administration-compliant testing has obtained results contrary to what the product says, presenting defendants with an opportunity to scrutinize claims at the threshold, say Joshua Fougere and Jacquelyn Fradette at Sidley.

  • Is 'The Government Said I Could' A Civil Liability Defense?

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    A Virginia federal court's recent decision in Southern Appalachian Mountain Stewards v. Red River Coal Co., clearing the defendant of liability for certain nonpermitted discharges, raises an issue relevant to any business operating in a highly regulated space: reliance on government regulators as a defense to civil liability, says Mitchell Morris of Butler Snow.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Opinion

    Automated Vehicle Users Should Not Be Forced To Arbitrate

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    Self-driving vehicles could bring greater safety, sustainability and accessibility, but a majority of Americans still distrust the technology — and if automated vehicle companies force passengers to consent to arbitration to resolve disputes, they will further slow public embrace of AVs, say researchers Austin Brown and Gordon Anderson.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Opinion

    FTC Warning On Plaintiffs Bar Advertising Is Timely

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    Given the proliferation of misleading ads from plaintiffs attorneys and associated lead generation firms about drugs and medical devices, the Federal Trade Commission's recent announcement that it has sent out warning letters about such advertising practices is welcome news, says Eric Alexander of Reed Smith.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Bid To Boot Opioid Judge Raises Questions On Judicial Roles

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    The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.