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

  • December 10, 2018

    DC Metro Concrete Conspirator Gets Year In Prison

    A Florida man who pled guilty to a fraud conspiracy charge for his role in falsifying data about the strength of concrete used in a D.C. Metro rail project will spend a year and a day behind bars, a Virginia federal judge said Friday.

  • December 10, 2018

    Drivers Fight To Save VW Faulty-Engine Deal Amid Objections

    Drivers in litigation against Volkswagen AG have urged a New Jersey federal judge to deny objections from fellow class members that threatened to scuttle a reimbursement deal struck with the automaker in May over engine defect claims, arguing the vast majority of the class supports the settlement.

  • December 10, 2018

    Kellogg’s Breakfast Bars Contain Pesticide, Buyers Say

    A proposed class of consumers has accused Kellogg Co. in California federal court of hiding the presence of a potentially carcinogenic pesticide in its oat bran cereal and breakfast bars, claiming the company has a duty to warn its customers of the danger.

  • December 7, 2018

    Attys Get $503M In Fees For Syngenta GMO Corn Settlement

    A Kansas federal judge gave final approval Friday to Syngenta AG's $1.5 billion deal to resolve claims filed on behalf of 650,000 corn producers over the agricultural giant's genetically modified corn seed, a deal that handed class counsel a $503 million cut.

  • December 7, 2018

    Deal Spurs Toss Of $2.9M Verdict Over GM Gear Shifts

    A Connecticut federal judge on Friday said she would vacate a verdict on appeal to the Second Circuit that awarded $2.88 million to the family of an 8-year-old girl killed when a Chevrolet Suburban shifted out of park, since General Motors and the family have settled.

  • December 7, 2018

    Amazon Cuts Deal With Calif. DAs Banning Foie Gras Sales

    Amazon.com Inc. has agreed to pay approximately $100,000 to resolve allegations brought by California district attorneys that it violated a state consumer protection statute by selling force-fed foie gras online, Los Angeles and Monterey counties said Friday.

  • December 7, 2018

    VW Tells 9th Circ. Counties' Emissions Claims Preempted

    Volkswagen AG has told the Ninth Circuit that counties in Florida and Utah cannot revive their claims the German automaker violated local rules by tampering with emissions software in certain diesel vehicles, insisting they’re preempted by the Clean Air Act.

  • December 7, 2018

    NJ Justices To Review $6.3M Jury Award For Kia Brake Class

    The New Jersey Supreme Court will consider whether a jury properly calculated damages when it awarded $6.3 million to a class of Kia Motor Corp. customers who sued the company over claims certain models had defective front brakes, the court said in an order made public Friday.

  • December 7, 2018

    Ohio Mineral Owners Say Oil & Gas Drillers Dug Too Deep

    A group of mineral owners has filed a proposed class action in Ohio federal court that alleges an ExxonMobil unit and other companies drilled in an area they had no permission to access.

  • December 7, 2018

    Medical Device Co. Can't Duck Philly Mass Tort Jurisdiction

    A Pennsylvania judge has said he will continue to allow out-of-state residents to pursue claims against a Canadian medical device manufacturer as part of a mass tort program in Philadelphia County court over allegedly defective vein filters.

  • December 7, 2018

    Cook Medical Slashes 3rd Bellwether Suit In Vein Filter MDL

    An Indiana judge has granted Cook Medical Inc. summary judgment on most counts in the third bellwether case in multidistrict litigation alleging the company's vein filters injured patients, ruling that the physician who implanted the filter was aware of the risks and would not have treated his patient differently even after learning of her subsequent injuries.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    Fla. Justices Stand By Ruling On Expert Testimony Standard

    The Florida Supreme Court on Thursday denied R.J. Reynolds Tobacco Co. and Crane Co.’s bids for a do-over of a closely watched October ruling in which it reinstated an $8 million verdict against the pair and refused to adopt stricter federal standards for the admittance of expert testimony.

  • December 6, 2018

    Young Climate Fight Warriors Want Pretrial Process To Move

    The young plaintiffs who are accusing the federal government of acting to make climate change worse asked a Washington federal judge to revise her prior order staying the case and let pretrial proceedings including discovery move forward.

  • December 6, 2018

    Consumers Get $73M In Latest Auto Parts MDL Settlement

    A handful of auto parts manufacturers agreed on Thursday to pay roughly $73 million to settle claims that they colluded to fix prices, in a sprawling multidistrict litigation that grew out of a U.S. Department of Justice antitrust probe.

  • December 6, 2018

    'Opioid Babies' Denied MDL Separate From Ohio Gov't Suits

    The U.S. Judicial Panel on Multidistrict Litigation on Thursday denied a request from plaintiffs representing "opioid babies" — infants of mothers who were addicted to prescription drugs — to separate their suits into a distinct multidistrict litigation, ruling that their unique damages don’t outweigh the inconvenience caused by such a separation.

  • December 6, 2018

    RJR Smoker's Damages Award Can't Be Reduced, Court Says

    A Florida state appeals court found Wednesday that a trial court erred in reducing a longtime smoker's damages award against R.J. Reynolds by factoring in her own role in developing lung disease, concluding that the state Supreme Court has since determined that damages for intentional torts in such cases can't be reduced by comparative fault.

  • December 6, 2018

    Hyundai Drivers Seek Class Cert. In Sonata Brake Defect Suit

    Consumers asked a New York federal judge Wednesday to certify their proposed class action alleging Hyundai Motor America knowingly sold Sonata sedans with defective brakes, saying they were subjected to the same Hyundai misrepresentations and warranties so pursuing their claims as a class is warranted.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

Expert Analysis

  • The Romaine Health Advisory: Scope And Implications

    Leslie Krasny

    Days before Thanksgiving, the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention recommended that consumers avoid eating romaine lettuce from any source. The broad scope of the advisory reflected the challenge of obtaining precise supply chain information, say Leslie Krasny and Nury Yoo of Keller and Heckman LLP.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Potential Impact Of New FDA Nutrition Label Requirements

    Lawrence Reichman

    Food companies are required to comply with updates to the U.S. Food and Drug Administration's Nutrition Facts labeling requirements by 2020. Lawrence Reichman and Cassie Roberts of Perkins Coie LLP review the changes and discuss possible effects on consumers and manufacturers.

  • Drug Design Defect Litigation Faces Its Demise

    James Beck

    A notable authority on tort law recently concluded that design defect claims involving prescription drugs approved by the U.S. Food and Drug Administration are preempted no matter how plaintiffs package them. But we should shed no tears over the demise of design-based litigation, says James Beck of Reed Smith LLP.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • E-Scooters May Present New Challenges For Employers

    Sue Schaecher

    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.