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Product Liability

  • June 21, 2018

    Insurer Can't Recover Costs From Engine Transport Snafu

    An insurer for a General Electric unit cannot put shipping company Agility Logistics Corp. on the hook for the costs to inspect a jet engine that Agility failed to transport properly, a New York federal judge ruled Thursday, holding that the insurance company’s suit is barred under an international treaty because the engine was not damaged in transit.

  • June 21, 2018

    Smith & Nephew Wants Hip MDL Slashed Over Time Bar

    Smith & Nephew PLC on Wednesday asked a Maryland federal court to dismiss 55 suits lumped into multidistrict litigation accusing the company of misrepresenting the safety of a hip implant device, claiming the statute of limitations on those patients’ claims have expired.

  • June 21, 2018

    Pella Class Rejects $5M Fee Bids After Inking Bigger Deal

    Consumers in a class action accusing Pella Corp. of selling leaky windows that cause rot on Wednesday lambasted two parties’ attempt to recoup nearly $5 million in attorneys’ fees from their pending $25 million settlement in Illinois federal court, saying the two should not be rewarded for work that only delayed the suit’s resolution.

  • June 21, 2018

    EPA Says No Need For CWA Hazardous Spill Regulations

    The U.S. Environmental Protection Agency said Thursday that it does not intend to propose Clean Water Act regulations meant to prevent spills of hazardous substances because doing so is unnecessary and would duplicate already existing requirements, drawing fire from environmental groups.

  • June 21, 2018

    Sports Co. Must Face Liberty Mutual's Coverage Suit

    A New York federal judge found Thursday that Liberty Mutual can go forward with a suit seeking indemnification from an exercise device manufacturer it claims sold its policyholder a design for a defective product and left the insurer on the hook for a $650,000 settlement.

  • June 21, 2018

    Trump Floats Moving All Food Safety Oversight To USDA

    The Trump administration on Thursday proposed eliminating the U.S. Food and Drug Administration’s authority over food safety and moving the responsibility to one agency under the U.S. Department of Agriculture, saying the change would streamline fragmented federal food safety oversight.

  • June 21, 2018

    GM Presses Bid To Shave Claims In Drivers' Emissions Suit

    General Motors filed a brief Wednesday furthering an attempt to fend off allegations it used emissions-cheating devices in its diesel pickup trucks, telling a Michigan federal judge that a group of drivers behind the suit can’t save a collection of state law claims plagued by fatal shortcomings.

  • June 21, 2018

    Ga. Atty Beats Defamation Suit Over Snapchat Accident Row

    A Georgia state appellate court on Thursday shut down a defamation lawsuit against an attorney representing a man injured in a car accident allegedly caused by a driver using Snapchat's "speed filter," saying public statements made by the lawyer were protected and based on the best information he had at the time.

  • June 21, 2018

    Canada Dry Ginger Ale 'Made From Real Ginger' Suit Tossed

    A suit claiming Dr Pepper Snapple Group Inc. falsely markets Canada Dry Ginger Ale as being “made from real ginger” was thrown out of Missouri federal court, as the presiding judge signed off on a voluntary dismissal filed by the proposed class action’s lead plaintiff.

  • June 21, 2018

    Pa. AG, Tobacco Cos. Ink $357M Deal Ending Payment Row

    Pennsylvania Attorney General Josh Shapiro on Thursday said he struck a nearly $357 million deal to resolve two decades' worth of disputes, along with potential future fights, with a handful of tobacco companies over payments related to a 1998 master settlement agreement.

  • June 21, 2018

    Kellogg Honey Smacks Cereal Spread Salmonella, Suit Says

    Kellogg Co. was hit with a lawsuit Wednesday in Michigan federal court alleging its Honey Smacks cereal contributed to a multistate salmonella outbreak that has sickened at least 73 people.

  • June 21, 2018

    KBR Toxic Burn Pit Claims Are Political Issue, 4th Circ. Says

    The Fourth Circuit affirmed a multidistrict litigation ruling that KBR Inc. cannot be sued over service members’ illnesses that were allegedly caused by toxic burn pit fumes and unclean water at overseas bases, finding operational decisions were made by the military, which makes the issue a “political question” that can’t be addressed by a court.

  • June 21, 2018

    Southwest Airlines, Boeing Sued Over Deadly Engine Failure

    Passengers of an April flight with Southwest Airlines have sued in New York court over an engine failure that resulted in one passenger death and spurred the Federal Aviation Administration to evaluate its safety oversight of the airline.

  • June 20, 2018

    Plaintiffs' Firm Pulled Into Cahill Asbestos Suit Discovery War

    A bitter discovery fight heated up further Wednesday in a suit accusing BASF and former counsel Cahill Gordon & Reindel LLP of destroying proof of asbestos in talc from a mine that, in other litigation, is claimed to have been a supplier to Johnson & Johnson, as plaintiffs' firm Cohen Placitella & Roth PC disputed terms governing the handover of its referral deal with a major fact witness. 

  • June 20, 2018

    EPA Tells Lockheed, Honeywell To Do $21M In Superfund Work

    The U.S. Environmental Protection Agency said Wednesday it had finalized a set of orders requiring Lockheed Martin Corp. and Honeywell International Inc. to do about $21 million in work largely to improve groundwater treatment at a Superfund site located in the North Hollywood, California, area.

  • June 20, 2018

    Fla. Appeals Court Gives Bechtel Win In Asbestos Dispute

    A Florida appeals court ruled Wednesday that a trial court should have entered judgment in favor of Bechtel Corp. in a dispute with a former worker who won a $21 million jury verdict against the company and Florida Power & Light Co. over asbestos exposure.

  • June 20, 2018

    HHS Unveils Controversial Drinking Water Contaminant Study

    The U.S. Department of Health and Human Services released an eagerly anticipated study Wednesday that said there should be a much stricter standard for human exposure to two drinking water contaminants than what the U.S. Environmental Protection Agency established.

  • June 20, 2018

    House Passes Bills On Opioid Patient Info Sharing, Treatment

    The U.S. House of Representatives on Wednesday passed more bills aimed at tackling the nation's opioid crisis, including a measure allowing medical professionals to share information about patients with opioid use disorder and another providing more treatment options for addicted Medicaid recipients.

  • June 20, 2018

    Atty Picked For EPA Office Will Recuse From Dow Cleanups

    The Dow Chemical Co. managing counsel selected by President Donald Trump to lead the U.S. Environmental Protection Agency’s emergency management office on Wednesday told senators he will recuse himself from issues surrounding nearly 200 Superfund sites his employer is involved in.

  • June 20, 2018

    Bondholders Defend Amended VW Emissions Fraud Suit

    Bondholders told a California federal judge Tuesday that they’ve sufficiently alleged in their proposed class action that they were defrauded by Volkswagen AG, its U.S. unit and top executives who issued misleading bond offering documents that concealed the German automaker’s 2015 diesel emissions scandal.

Expert Analysis

  • FDA Clarifies Communication Rules For Medical Product Cos.

    Douglas Hallward-Driemeier

    The U.S. Food and Drug Administration recently provided drug and device manufacturers additional flexibility to convey certain types of truthful, nonmisleading product information. These guidance documents address FDA regulation of manufacturer communications, but the FDA still has work to do to complete its comprehensive review of policies in this area, say attorneys at Ropes & Gray LLP.

  • Win For Zen Magnets Still A Good Precedent For The CPSC

    Matthew Howsare

    A federal judge's June 12 ruling that Zen Magnets' due process rights were violated by the U.S. Consumer Products Safety Commission puts CPSC commissioners on notice that their public statements can be used against them if they suggest a prejudgment. But the decision supports the commission’s authority to interpret its own regulations, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Tips For Keeping FDA Advisory Action Letters Out Of Court

    Jaime Davis

    The U.S. Food and Drug Administration often gives drug and device manufacturers notice of perceived violations by sending advisory action letters. Plaintiffs counsel may seek to admit such letters in litigation, but there are multiple ways defendants can try to keep juries from seeing them, say Jaime Davis and Caitlyn Ozier of King & Spalding LLP. 

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.