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Product Liability

  • January 18, 2019

    Nissan Must Face Suit Over Faulty Altima Transmissions

    A Massachusetts federal judge Friday rejected Nissan’s attempt to dismiss a class action alleging certain Altima models were sold with dangerously defective transmissions, finding the suit asserted plenty of specifics despite the carmaker’s insistence the claims are too vague.

  • January 18, 2019

    Costco Can’t Toss Non-Calif. Plaintiffs In Hep. A Berry Suit

    A California federal judge has denied Costco Wholesale Co. Inc.'s bid to dismiss non-California plaintiffs from a class action over a frozen berry mix that allegedly started a hepatitis A outbreak, saying the company can't raise that defense after several years participating in the suit.

  • January 18, 2019

    Seat Maker Must Face BNSF Suit Over Engineer's Injury

    Seats Inc. must face BNSF Railway Co.'s breach-of-contract suit alleging the manufacturer should be on the hook for payments to an engineer who suffered career-ending injuries from allegedly defective locomotive seats, a Nebraska federal judge ruled.

  • January 18, 2019

    6th Circ. Won't Rethink Decision On CWA's Reach

    A split Sixth Circuit has said it will not review a panel’s decision concluding the Clean Water Act does not regulate pollutants that travel from a source to navigable waters through groundwater.

  • January 18, 2019

    Drug Distributors Can't Appeal RICO Ruling In Opioid MDL

    An Ohio federal judge on Friday blocked drug distributors from trying again to keep racketeering allegations out of a bellwether trial in the opioid multidistrict litigation, rejecting assertions that enormous damages associated with racketeering will hinder settlement talks.

  • January 18, 2019

    Ill. Subcontractors Get Some Relief From State's High Court

    Construction subcontractors are the clear winners in the wake of an Illinois Supreme Court decision that overturned a 35-year-old case and said homeowners can’t directly sue subcontractors over problems with their new homes.

  • January 18, 2019

    3 Tips For Working With CPSC During The Shutdown

    As the longest partial shutdown of the federal government in history continues, the Consumer Product Safety Commission has all but shuttered operations, except for screening imminent safety risks. Here, Law360 examines what companies need to know about working with the CPSC during the shutdown.

  • January 18, 2019

    Pa. Judge Urged To Make J&J CEO Testify In Risperdal Trial

    A Pennsylvania state judge is weighing whether the CEO of Johnson & Johnson should be forced to take the stand at an upcoming trial over claims that labeling for the antipsychotic medication Risperdal failed to adequately warn about the risk of abnormal breast growth in adolescent boys.

  • January 18, 2019

    Theranos Execs' Days Of Reckoning Draw Nearer

    The dissolution of Theranos Inc. hasn’t ended legal troubles for ex-leaders of the wannabe bloodwork disruptor, who are getting closer to climactic trials in fraud suits brought by prosecutors, consumers and securities enforcers. Here, Law360 updates attorneys on criminal and civil cases threatening former executives of the onetime Silicon Valley juggernaut.

  • January 18, 2019

    AMD Computer Chip Buyers Win Cert. In False Ad Suit

    Consumers who say Advanced Micro Devices falsely advertised certain computer chips as having eight “cores” when they really had fewer can pursue their claims against the tech company as a class, a California federal judge has ruled.

  • January 18, 2019

    1st Circ. Sides With NPR In Push For Juror Addresses

    A First Circuit panel ruled Friday that the media should be allowed access to juror names and addresses after a trial concludes, siding with a National Public Radio station in Boston that was denied that information after the conviction of New England Compounding Center pharmacist Glenn Chin.

  • January 18, 2019

    PG&E Equipment Caused Calif. Wildfires, Judge Finds

    A California federal judge has tentatively found that Pacific Gas & Electric Co.'s equipment's vulnerability to falling tree limbs has been "the single most recurring cause" of the 2017 and 2018 California wildfires to which the company has been linked.

  • January 17, 2019

    Imerys Must Face Suit Alleging Talc Caused Woman's Cancer

    A couple suing Johnson & Johnson and its longtime talc supplier Imerys Talc America received a mixed-bag ruling Wednesday after a Pennsylvania federal court shot down Imerys’ bid to dismiss itself on jurisdictional grounds, but refused to send the suit back to state court. 

  • January 17, 2019

    NYC Adds Sacklers, Drugstore Chains To Opioid Suit

    New York City has added members of the family that controls OxyContin developer Purdue Pharma LP and four major pharmaceutical retailers to its suit alleging drugmakers and distributors misrepresented the safety of their opioids to drive sales.

  • January 17, 2019

    4 German Audi Execs Indicted Over VW Emissions Cheat

    Four high-level German Audi AG workers were indicted in Michigan federal court Thursday for allegedly violating the Clean Air Act, defrauding the government and committing wire fraud in a scheme to cheat environmental emissions regulations in Audi and Volkswagen vehicles.

  • January 17, 2019

    $9M Protein Shake Settlement Gets Judge's OK

    A class of fitness fans had a $9 million settlement with Premier Nutrition Corp. approved by a Brooklyn federal judge on Thursday, winning up to $34 per class member and $3 million for the lawyers and putting to rest claims that Premier overstated the protein content of its shakes.

  • January 17, 2019

    Customers Can't Claim Pet Food Was Toxic, Judge Says

    An Illinois federal judge has cleaved the bulk of claims from a putative class action brought by two buyers of Champion Petfoods USA Inc. products who alleged they were deceived by boasts about the pet food's health benefits despite a study saying it contained heavy metals.

  • January 17, 2019

    NFL Wants Former Players' Revived Painkiller Suit Dismissed

    The NFL asked a California federal court to once again dismiss a proposed class action by former players alleging the league was negligent in providing them painkillers to get back in the game, saying the players didn't show that any NFL employees were involved in giving them the drugs.

  • January 17, 2019

    Fiat Chrysler Gets Ironworker's Negligence Suit Trimmed

    Fiat Chrysler escaped most of the liability and negligence claims brought by an ironworker who sustained back injuries at one of its plants by tripping on a piece of plywood, when an Illinois federal judge tossed all but one of the negligence claims against the automaker Wednesday.

  • January 17, 2019

    Smoker Finally Gets $27M Judgment Against Philip Morris

    A Florida federal court on Wednesday entered a $27 million judgment against Philip Morris USA Inc. for a now-deceased smoker, ending a four-year attempt by the tobacco giant to overturn a 2014 jury's $20 million punitive damages award.

Expert Analysis

  • Automated Vehicles In 2019: Predictions And Suggestions

    Melody Drummond Hansen

    As the automated vehicle industry continues to grow and expand in 2019, innovators will face novel questions concerning data privacy, open source compliance, advertising claims, and local, state, federal and international regulations, say attorneys with O'Melveny & Myers LLP.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • Circuits Left To Develop FCA Discovery Case Law

    Andy Liu

    Last week, the U.S. Supreme Court denied certiorari in two major False Claims Act cases, both involving the government’s knowledge or suspicion of violations allegedly resulting in knowingly false claims. Nichols Liu LLP attorneys consider the implications for the materiality standard and FCA cases going forward.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Automotive Tech In 2018: Legal Trends And Developments

    David Cavanaugh

    The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.