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Product Liability

  • May 15, 2019

    Interest Groups Slam Pa. Ruling Over Cancer-Pesticide Link

    A coalition of industry and business groups on Tuesday urged the Supreme Court of Pennsylvania to overturn a lower appellate ruling that they said would allow scientific experts to draw broad links between whole classes of chemicals and cancers and keep trial courts from properly reviewing the underlying science.

  • May 15, 2019

    Injuries In Crash Spur Suit Against Ill. Resort, Carriage Maker

    A mother and her two children who suffered injuries including permanent disfigurement and brain trauma after a resort's horse-drawn carriage overturned have filed suit in Illinois federal court, accusing the resort of negligence and the carriage maker of failing to design a safe vehicle.

  • May 15, 2019

    FAA To Amp Up Scrutiny Of Boeing Jet Fix, House Panel Told

    The Federal Aviation Administration vowed to rigorously vet Boeing's proposed fix to a faulty anti-stall feature on its 737 Max airliners before clearing the jets to return to the skies after two fatal crashes, as lawmakers assailed the agency's certification and pilot-training standards Wednesday.

  • May 15, 2019

    'San Marzano' Tomatoes Grown Elsewhere, Suit Says

    Cento Fine Foods Inc. was hit Tuesday with a proposed class action in California federal court alleging it misleadingly labels that its canned San Marzano tomatoes are from a specific region of Italy, but are, in fact, grown elsewhere.

  • May 15, 2019

    L'Oreal's Keratin Shampoo Branding Is Deceptive, Buyers Say

    A proposed class of consumers is claiming in New York federal court that a line of L'Oreal shampoo and conditioner misled them into believing they contained keratin, a protein that protects hair from damage and stress, while the substance is absent from the products.

  • May 15, 2019

    Arco Says High Court Must Review Mont. Superfund Site Case

    Atlantic Richfield Co. on Tuesday told the U.S. Supreme Court that the federal government's "Kafkaesque" argument in favor of rejecting a request to review a Montana Superfund site cleanup dispute actually shows the justices should take the case.

  • May 14, 2019

    NFL Players Want Claims Revived Against Helmet Co. Riddell

    More than 50 former NFL players face an uphill battle in trying to sway an Illinois appellate court to revive their claims that helmet manufacturer Riddell Inc. conspired with the NFL to misinform them of the risks of long-term brain damage in football, experts say.

  • May 14, 2019

    Tuna Giants Caught In Trio Of Suits Over 'Dolphin Safe' Labels

    StarKist Co., Bumble Bee Foods LLC and Nestle Purina Petcare Co. got swept up in three separate proposed consumer class actions filed in California federal courts alleging that the companies falsely billed their canned tuna products as “dolphin safe.”

  • May 14, 2019

    Maremont Tweaking Final Details For Ch. 11 Asbestos Trust

    A Delaware bankruptcy judge said Tuesday that he will sign off on former auto parts maker Maremont Corp.'s Chapter 11 plan once some final details are in place to protect an asbestos claims trust from potentially fraudulent claims.

  • May 14, 2019

    Insurer Faces Pushback In Bid For Asbestos Victims' Info

    An asbestos settlement trust and three insurance claims processors are asking a New York bankruptcy court to limit discovery demands from Rapid-American Corp. insurance carrier National Union, saying its demands are excessive by orders of magnitude.

  • May 14, 2019

    AIG, Caterpillar Seek Quick Wins In $15M Fracking Fire Row

    An AIG unit urged a Texas federal judge Monday to hold Caterpillar and another manufacturer liable for the failure of a fracking pump that allegedly triggered a fire at a Texas well site that caused over $15 million in damage, while the vendors argued that the insurer's claims are baseless.

  • May 14, 2019

    NJ Latest To Sue Cos. Over Firefighting Foam Chemicals

    New Jersey on Tuesday became the latest to sue 3M, DuPont and others over health and environmental risks caused by chemicals contained in their firefighting foam AFFF products.

  • May 14, 2019

    Pa. AG Says Purdue Buried Doctors In False Painkiller Claims

    Pennsylvania’s attorney general slapped Purdue Pharma LP with a lawsuit on Tuesday accusing the drugmaker of violating state consumer protection laws by besieging doctors with false claims about the safety and efficacy of the opioid painkiller OxyContin.

  • May 14, 2019

    Class Action Settlements Face Ariz. AG's Scrutiny

    Arizona Attorney General Mark Brnovich is leading a movement with his counterparts in other states to challenge class action settlements the AGs see as benefiting lawyers more than the class they represent. In an exclusive interview, Brnovich explained his interest, saying, “When I see people I think are working the system, enriching themselves at the expense of others, that offends me.”

  • May 14, 2019

    San Francisco Mulling Multibillion-Dollar Bid For PG&E Assets

    San Francisco could make a multibillion-dollar offer to buy beleaguered utility Pacific Gas and Electric Co.’s assets and make the city energy independent, according to a report by the San Francisco Public Utilities Commission.

  • May 14, 2019

    Texas Aircraft Co. Must Face Suit Over Deadly Ill. Crash

    An Illinois appellate court has kept alive a lawsuit accusing a Texas aircraft company of negligently overhauling and fixing airplane parts and causing a fatal plane crash, finding it subject to state jurisdiction based on the business relationships it had in Illinois.

  • May 14, 2019

    2nd Circ. Returns 'Flushable' Wipes Suits For More Evidence

    The Second Circuit has remanded class actions alleging Procter & Gamble, Kimberly-Clark and Costco mislabeled bathroom wipes as "flushable," causing plumbing damage, finding on Tuesday that more evidence is needed to show that the classes paid a premium for the products.

  • May 14, 2019

    States, Navajo Battle Feds Over Gold King Case Management

    Utah, New Mexico and the Navajo Nation clashed with the federal government Monday regarding how multidistrict litigation over the 2015 Gold King Mine spill should proceed, accusing the U.S. Environmental Protection Agency of trying to “delay responsibility.”

  • May 14, 2019

    The Rub In J&J’s Stress Lotion? It Doesn't Work, Suit Says

    A New York woman is claiming that Johnson & Johnson has duped buyers of their scented stress relief lotions and body washes, saying in a proposed class action their so-called “relaxing scents” are no more effective than placebos.

  • May 14, 2019

    Land Rover Drivers Get OK For $6.7M Deal In Suspension Suit

    A New Jersey federal judge on Tuesday signed off on a $6.7 million deal in a putative class action against Jaguar Land Rover over allegedly defective suspension systems, saying the revised agreement satisfied his concerns about the original settlement in the case.

Expert Analysis

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

  • FDA's Risk Evaluation Guidance Brings Clarity, Not Solutions

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    New guidance from the U.S. Food and Drug Administration explains how the FDA determines when a drug needs a risk evaluation and mitigation strategy, but does not address any of the potential REMS abuses that Congress has shown interest in recently, say Elizabeth Crompton and Paul Dietze of Haynes and Boone.

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

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    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

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    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • Justices' Asbestos Decision Poses Fair Notice Problem

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    In Air & Liquid Systems Corp. v. DeVries, the U.S. Supreme Court recently ruled that manufacturers may have a duty to warn customers about other companies' products. But a duty announced a half-century after it was allegedly breached challenges fundamental notions of fairness underlying our legal system, says Mitchell Morris of Butler Snow.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Calif. Chemical Reg Changes Could Affect Many Products

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    Following the introduction of a bill that would significantly expand California's decade-old framework for regulating chemicals in consumer products, businesses should assess their product inventory for chemicals that may soon be regulated, and monitor the state's regulatory process, say attorneys at Arnold & Porter.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.