Product Liability

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    Calif. Court Resurrects Engineer's Asbestos Coverage Fight

    A California appeals court revived engineering company Santa Fe Braun Inc.'s bid to access dozens of excess insurance policies to cover its costs in asbestos personal injury suits, saying a recent ruling by the state's high court means Braun isn't required to exhaust all of its primary policies before it can tap into the excess coverage.

  • July 14, 2020

    Bigelow Tea Drinkers Steamed Over 'Made In America' Claims

    Tea drinkers hit Bigelow Tea with a proposed class action in California federal court Monday, alleging that the family-run tea company falsely and deceptively advertised its tea products as made in the United States, when actually the tea is sourced and processed overseas.

  • July 14, 2020

    Bosch Rips VW Dealers' 9th Circ. Bid To Save Lost Profits Suit

    Auto parts giant Bosch told the Ninth Circuit that it doesn't owe anything to franchised Volkswagen dealerships claiming they lost future profits from vehicle inventories that were obliterated by the Volkswagen emissions-cheating scandal that Bosch purportedly helped mastermind.

  • July 14, 2020

    Travelers Jumped Gun In HD Fowler Suit, Judge Finds

    A Washington federal judge on Tuesday tossed a suit by Travelers Property Casualty Co. of America against H.D. Fowler Co. over coverage for defective water pipes, saying the insurer couldn't sue to disclaim coverage because there isn't any sign yet that the contractor would be sued over the incident.

  • July 14, 2020

    Mesh Case Judge Tainted By His Mom's J&J Suit, Court Told

    A Philadelphia judge's failure to step aside from a pelvic mesh injury trial against Johnson & Johnson because of his mother's own lawsuit against the company cast an improper shadow over the $41 million verdict in the case, a state appeals court heard during oral arguments Tuesday.

  • July 14, 2020

    Pacific Foods Customers Call Vanilla Hemp Milk Misleading

    Campbell Soup Co. subsidiary Pacific Foods of Oregon has been misleadingly telling customers that its vanilla hemp milk is flavored using only vanilla beans when the flavor actually comes from a mixture of vanilla and non-vanilla flavors, according to a proposed class action filed Monday in Manhattan federal court.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Honey False Ad Claims Lack Sting, Judge Finds

    A California federal judge has thrown out a suit alleging that Sioux Honey Association Cooperative's products are falsely advertised as "pure," saying the woman leading the suit hasn't shown any evidence that consumers are concerned about the trace amounts of weed killer found in the honey.

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    'Unfounded Attacks' On Opioid Judge Must Fail, 6th Circ. Told

    CVS Pharmacy Inc., Walgreen Co. and other national pharmacy chains are making phony bias allegations against the Ohio federal judge overseeing multidistrict opioid litigation because they're upset about having lost several legal arguments, local governments have told the Sixth Circuit.

  • July 13, 2020

    2nd Circ. Revives NewLink Investor Suit Over Cancer Drug

    The Second Circuit on Monday revived a proposed class action that accuses NewLink Genetics Corp. executives of making misrepresentations while touting the biopharma company's pancreatic cancer treatment.

  • July 13, 2020

    BIA Says Marathon Owes $187M For Reservation Oil Pipeline

    The Bureau of Indian Affairs has ordered a Marathon Petroleum-owned company to pay over $187 million in damages to Three Affiliated Tribes members and shut down an illegal oil pipeline on their reservation lands, former tribal chairman Tex Hall and others have told the Eighth Circuit.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Warranty Claims Trimmed From VW Transmission Suit

    Drivers accusing Volkswagen Group of America Inc. of selling Audi vehicles with faulty transmissions saw their suit trimmed Monday by a California federal judge who said the proposed class' breach of warranty claims were time-barred.

  • July 13, 2020

    Norwegian Air Sues Boeing Over Grounded 737 Max Losses

    Norwegian Air has accused Boeing of selling a "pack of lies" by unloading defectively designed 737 Max and 787 Dreamliner jets in its rushed pursuit of profits, according to a lawsuit removed to Illinois federal court Monday.

  • July 13, 2020

    $60M Blue Bell Listeria Settlement Gets Chancery Court Nod

    A $60 million-plus Blue Bell Creameries settlement that includes $9 million in attorney fees cleared Delaware's Chancery Court on Monday, ending a milestone legal battle over controlling limited partner liability for deadly food contamination failures that forced the temporary shutdown of the ice cream maker in 2015.

  • July 13, 2020

    VW Tells 9th Circ. That Bondholder Can't Flout Fraud Standard

    Volkswagen told the Ninth Circuit that there will be a surge in abusive securities fraud litigation as a result of a district court decision keeping alive claims it duped a pension fund into buying overpriced bonds by not mentioning its emissions-cheating scandal in offering documents.

  • July 13, 2020

    Net Installer Has No Duty To Pirates Fan Injured By Foul Ball

    A Pittsburgh jury didn't have to be steered toward finding the installer of a safety net at PNC Park liable for a woman's foul-ball injuries just because she had already reached settlements with the other two defendants, a Pennsylvania appellate court said.

  • July 13, 2020

    Remote Depositions 'New Normal,' Judge Says, Denying Delay

    A New York magistrate judge has told a couple suing over a defective hip implant that they can't force a medical company's officers to meet in person for deposition, saying it presents too much risk in the age of COVID-19, when remote depositions are the "new normal."

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

  • July 10, 2020

    Client Says Hagen Berman Pulled Fast One On Special Master

    A Minnesota woman told a Pennsylvania federal court that Hagens Berman Sobol Shapiro LLP used clients' protected information as "a sword and a shield" to hide its alleged wrongdoing in its report provided to a special master, who was investigating the firm's bid to drop clients suing GlaxoSmithKline and others for birth defects caused by thalidomide.

  • July 10, 2020

    11th Circ. Affirms Bulk Of Ala. Doctors' 'Pill Mill' Convictions

    The Eleventh Circuit on Friday affirmed the convictions of two Alabama doctors found guilty of running a massive "pill mill" operation but ordered resentencing after finding insufficient evidence to support conviction on one charge alleging an illegal kickback conspiracy.

  • July 10, 2020

    The Majority Of One: How Roberts Is Shaping The Court

    The 2019 term has removed all doubt: Chief Justice John Roberts Jr. is the power broker on the U.S. Supreme Court. But unlike past swing justices, the nation's top jurist puts the reputation of the court before his own conservative instincts and is willing to compromise when he needs to.

Expert Analysis

  • How Cosmetics Cos. Can Prepare For Growth In Class Actions

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    Given light federal regulation of cosmetics, consumers are increasingly turning to class action litigation against the cosmetics industry, so companies should carefully review manufacturing processes and marketing claims, say attorneys at Perkins Coie.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Pa. Jurisdiction Ruling's Takeaways For Out-Of-State Cos.

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    The Pennsylvania Superior Court's recent decision in Murray v. American LaFrance provides litigants with no clarity on whether a foreign corporation's registration in the commonwealth subjects it to personal jurisdiction there for all matters, but explores an interesting wrinkle in Pennsylvania waiver law, say attorneys at Greenberg Traurig.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • New Pharma Co. Defenses For 'Innovator Liability' Claims

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    Under the so-called innovator liability theory, a handful of states have permitted plaintiffs who took generic medication to sue the manufacturer of the branded form of the drug — but pharmaceutical companies have recently had success fighting such claims with three key strategies, say attorneys at Winston & Strawn.

  • The Rise Of The 'Net Impression' Test In Fla. Consumer Suits

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    Florida federal courts' increasing use of the Federal Trade Commission’s so-called net impression test, which considers the overall essence of a product’s representation, is an overdue application of similarly constructed state consumer protection laws, says John Byrne at Leon Cosgrove.

  • Tech Tools Can Boost Auto Accident Claim Recovery

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    It can be difficult to determine what happened and who is at fault after a vehicle accident — but attorneys and investigators can multiply the value of legal claims by moving quickly to preserve evidence and capture information with the latest technology, says Harry Kazakian at USA Express Legal and Investigative Services.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Ohio Ruling Adds To Insurance Uncertainty For Opioid Suits

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    An Ohio appeals court's recent decision in Acuity v. Masters Pharmaceutical fails to address an insurer's duty to indemnify policyholders embattled in opioid litigation, only amplifying the uncertainty surrounding insurance coverage for opioid judgments and settlements, say attorneys at Nicolaides.

  • Aviation Watch: The Pilot's Liability In The Kobe Bryant Crash

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    A close analysis of the known facts about the Kobe Bryant helicopter crash suggests that liability rests not with the aircraft manufacturer, but with the pilot, who violated fundamental flight rules and made a fatal misjudgment, says Alan Hoffman, a retired attorney and aviation expert.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • 9th Circ.'s VW Ruling Promotes Patchwork Auto Regs

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    The Ninth Circuit's recent ruling in the Volkswagen multidistrict litigation that the Clean Air Act does not preempt state and local anti-tampering laws for post-sale vehicles raises significant concerns about patchwork regulation of vehicle maintenance, recalls and field fixes, say attorneys at Sidley.

  • Tips For Presenting A Credible Witness By Videoconference

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    With the likelihood that more and more jury trials will be held by videoconferencing in the near future, establishing four best practices now for effective, credible video trial testimony will ensure attorneys are ready when it's time for the oath, camera and action, say Christopher Green and Sara Fish at Fish & Richardson.

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