Product Liability

  • March 23, 2018

    VW Says Owners Who Sold Pre-Scandal Haven't Shown Harm

    Volkswagen AG’s U.S. subsidiaries have pressed their bid to dismiss claims from a proposed class of drivers who sold their Volkswagen vehicles before the German automaker’s diesel emissions cheating scandal broke, telling a California federal judge that these drivers still haven’t shown an injury that would give them standing.

  • March 23, 2018

    Bus Co. Hit With $18.7M Verdict In Cyclist Death Trial

    A Nevada jury on Friday awarded $18.7 million to the teenage children of a surgeon who was killed when he collided with a Motor Coach Industries-built tour bus while riding his bicycle, finding that the company had failed to provide adequate warning about the dangers of the vehicle.

  • March 23, 2018

    ​​​​​​​Ford Engineer Defends Truck Design In Rollover Death Trial

    During Friday testimony in a Georgia wrongful death trial, an engineer who designed Ford’s Super Duty pickup trucks defended his team’s commitment to safety under questioning by counsel for the children of a couple killed when their Super Duty rolled over during an accident.

  • March 23, 2018

    Drugmaker's Investors Sue For Books On $885M In Sanctions

    AmerisourceBergen Corp. investors opened a books and records demand lawsuit Friday in Delaware Chancery Court, saying the company failed to provide requested information about unlicensed operations and regulatory violations that drew $885 million in fines last year.

  • March 23, 2018

    Ford Sanctioned For Discovery Woes In Acceleration Case

    A West Virginia federal judge on Thursday ordered Ford Motor Co. to pay more than $488,000 in sanctions for lying during the discovery phase in a putative class action over unintended vehicle accelerations and for defying a court order to produce its full electronic throttle control system.

  • March 23, 2018

    State Opioid Taxes Seen As Well-Intentioned But Misguided

    Facing a mounting death toll, soaring costs and growing public anger over the opioid crisis, an increasing number of states are considering new laws that would tax the powerful painkillers, despite concerns that some states may be using the crisis to raise general revenue.

  • March 23, 2018

    New FDA Policy Takes Aim At Big Compounders

    The U.S. Food and Drug Administration on Friday moved to limit the operations of large drug compounders, laying out policies that could dramatically curb their ability to sell cheaper versions of FDA-approved products.

  • March 23, 2018

    Herbicide Co. Can't Kill False-Advertising Class Action

    A California federal judge refused Friday to dismiss a false-advertising class action against herbicide maker United Industries, saying it's not clear that reasonable consumers wouldn't be misled by label claims over how many gallons of herbicide customers would end up with after mixing United's concentrate with water.

  • March 23, 2018

    Pa. Court Won't Rethink Axing Bar On Risperdal Punitives

    The Pennsylvania Superior Court has shot down a request for rehearing en banc of a ruling that shot down a global bar on punitive damage awards in the thousands of Risperdal-related personal injury cases pending against Johnson & Johnson unit Janssen Pharmaceuticals Inc. as part of a mass tort program in Philadelphia County.

  • March 23, 2018

    San Diego Looks To Dodge Monsanto PCB Counterclaims

    The city of San Diego on Thursday ripped counterclaims from Monsanto Co. and two of its former subsidiaries that the city was responsible for polychlorinated biphenyls pollution in San Diego Bay, telling a California federal judge that the companies were attempting to deflect blame for the contamination back to the city.

  • March 23, 2018

    Trump Says Fed. Gov't Will Sue Drugmakers Over Opioids

    U.S. President Donald Trump on Friday said the federal government will be suing “certain” drug companies over the opioid crisis, without naming which ones or going into further detail.

  • March 23, 2018

    NC Outer Banks Blackout Negligence Suit Moved To Fed Court

    A construction firm sued by an amusement business over its alleged negligence in causing a major power outage while building a $246 million bridge on North Carolina’s Outer Banks moved the case to federal court Thursday, saying the court has maritime jurisdiction because underground transmission lines were severed in navigable water.

  • March 23, 2018

    2nd Circ. Affirms Dismissal Of Organic Baby Food Claims

    The Second Circuit on Friday declined to revive a proposed class action brought by parents accusing Abbott Laboratories Inc. of falsely representing its baby formula as organic, saying their claims were barred by the Organic Foods Production Act.

  • March 23, 2018

    Uncapped Nature Of NFL Concussion Deal Causing Hiccups

    One law firm in the NFL concussion deal raised potentially troubling questions over the league’s alleged “scorched earth” strategy against claimants' payout requests and over class counsel’s failure to stop it, but experts say it may take time to balance the competing interests in implementing the massive settlement caused by its not having a monetary cap.

  • March 23, 2018

    Faulty Piaggio Plane Motor Caused $1.9M Crash, Insurer Says

    An aircraft owner's insurer hit aircraft manufacturer Piaggio Aerospace and its American subsidiary with a suit on Friday in Florida federal court alleging that Piaggio designed a defective plane motor that caused a 2016 crash and cost the insurer $1.9 million.

  • March 23, 2018

    Cherokee Push Judge To Send Opioid Suit To State Court

    The Cherokee Nation on Friday urged an Oklahoma federal judge not to delay ruling on the tribe's bid to send back to state court its suit against major drug distributors and retail pharmacies for their alleged role in the opioid epidemic, saying that the companies are trying to avoid answering claims in Oklahoma by joining an ongoing multidistrict litigation in Ohio.

  • March 23, 2018

    Blue Buffalo Ducks Suit Over Contaminated Dog Food

    A California federal judge on Thursday tossed a putative class action alleging Blue Buffalo Pet Products Inc. failed to disclose toxic lead and other disease-causing heavy metals in its dog food, finding the claims are barred by Blue Buffalo's 2016 false advertising class action settlement.

  • March 23, 2018

    Pa. Nursing Home Faces Lawsuit Over Fatal Fire

    The family of a woman killed in a massive fire at a nursing home outside of Philadelphia filed suit in state court on Thursday, seeking damages after the facility’s sprinkler system failed to activate on the night of the blaze.

  • March 23, 2018

    DOT Inspector General Opens Audit Of Collapsed Fla. Bridge

    The U.S. Department of Transportation’s Office of the Inspector General announced an audit Thursday of the Miami-area pedestrian bridge that collapsed just a week after it was installed, killing six people.

  • March 22, 2018

    Witness Issues Won't Delay Mass. Boeing Airplane Hole Trial

    Boeing Co. will face a trial next month in Massachusetts federal court for a long-running suit brought by six passengers who say they suffered serious injuries after a two-foot hole opened up at 32,000 feet on a 2010 flight from Miami, but on Thursday the two sides still had unresolved issues over witnesses.

Expert Analysis

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For those structured as corporations, the decrease in the maximum corporate tax rate and the repeal of the corporate alternative minimum tax offer good news. But since many law firms are organized as pass-through entities, several limitations on deductions mean they won’t see as much benefit from the new tax law as some other industries, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Roundup Warning Label Ruling Less Surprising Than It Seems

    Shannon Oldenburg

    A California federal court's recent decision in National Association of Wheat Growers v. Zeise, which blocked the state from requiring Monsanto to put Proposition 65 warning labels on its Roundup products, may seem surprising at first blush. But a deeper look at the broader historical context of Proposition 65 offers a different perspective, say Shannon Oldenburg and Malcolm Weiss of Hunton & Williams LLP.

  • What The UK Product Recall Code Of Practice Means For Cos.

    John Leadley

    This month saw the long-awaited public launch of the U.K. government's new code of practice on consumer product safety-related recalls and other corrective actions. Government-endorsed practical and granular guidance of this nature should be viewed as a positive step forward for any companies that place products on the market in the United Kingdom, say attorneys with Baker McKenzie LLP.

  • Discovery Challenges In Transnational Class Actions

    Glenn Zakaib

    Plaintiffs in a recent case in Canada brought a motion for production of 120 million pages of documents by a Canadian drug company that had previously been produced by its U.S. and German affiliates in a parallel U.S. class proceeding. This highlights the risks of productions in one jurisdiction later being deemed relevant in foreign litigation, say attorneys with Borden Ladner Gervais LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Opioid Solutions: Insurance, Legislation Or Litigation?

    Adam Fleischer

    The past month has illustrated that while the opioid epidemic has worsened, solutions to the crisis have begun to emerge. However, all solutions are destined to be very expensive, raising several questions about the cost, says Adam Fleischer of BatesCarey LLP.