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Product Liability

  • May 8, 2019

    Exploding Cooking Spray Cans Burned Consumers, Suits Say

    Cans of PAM cooking spray spontaneously blew up, causing kitchen fires and leaving users with severe, painful burns, victims claim in six lawsuits filed against Conagra Brands Inc. in Illinois state court on Tuesday. 

  • May 8, 2019

    Imerys Slams Insurers' Bid To Lift Stay In Del. Ch. 11

    Embattled Johnson & Johnson talc supplier Imerys Talc America Inc. on Wednesday pushed back against its insurers' bid to unpause a California suit that could wipe out hundreds of millions of dollars' worth of coverage, telling a Delaware bankruptcy court it's far too early to let those claims proceed.

  • May 8, 2019

    Doc Charged With Manslaughter After Patient's Opioid Death

    A Florida doctor appeared in court Wednesday morning in Miami on manslaughter charges, a day after police found one of her patients overdosed on oxycodone that she had prescribed for her.

  • May 8, 2019

    Columbia Gas To Pay $80M To Mass. Towns After Explosion

    Columbia Gas of Massachusetts has agreed to pay $80 million to three towns that suffered damage in a September natural gas explosion in Merrimack Valley.

  • May 7, 2019

    Ex-Purdue Prez Said Addicts Are Victimizers, Not Victims: Suit

    The former head of Purdue Pharma called those who abuse opioids "victimizers," not victims, in an email he sent in 2001 while he led the company, according to a complaint from the Connecticut attorney general that was unredacted in state court Monday.

  • May 7, 2019

    Fla. Home Floods Not Paper Co. Dam's Fault, 11th Circ. Says

    The Eleventh Circuit on Tuesday affirmed a jury verdict determining that International Paper Co. was not negligent in its operation of a dam that overflowed after a major storm and flooded nearby homes.

  • May 7, 2019

    Alsup Says PG&E Board Must Tour Wildfire Devastation

    U.S. District Judge William Alsup said Tuesday he'll order Pacific Gas and Electric Co.'s board to tour the destruction from a devastating wildfire it's suspected of causing in Butte County, California, as part of its sentence for violating probation, adding that he and attorneys may join them on the tour.

  • May 7, 2019

    Atty Must List Conflict Info Before Guiding Future Talc Claims

    A candidate to serve as the future claims representative for talc injury claimants in the Chapter 11 case of Johnson & Johnson talc supplier Imerys Talc America Inc. must give the court more information about his law firm's work in related litigation after a Delaware bankruptcy judge determined Tuesday that he met an enhanced standard to serve in the role.

  • May 7, 2019

    Porsche To Pay $599M Over Emissions Cheating

    German prosecutors on Tuesday said that they've imposed a €535 million ($599 million) fine against Porsche AG for breaching supervision duties that led to emissions cheating in diesel cars.

  • May 7, 2019

    Trial Judge Who Represented Smokers DQ'd From Engle Case

    Cigarette makers R.J. Reynolds and Philip Morris obtained the disqualification of a trial judge in an Engle progeny case in Florida state court Monday based on their fear of bias stemming from his prior representation of plaintiffs in nearly 20 cases against them.

  • May 7, 2019

    Fraud May Merit New NFL Concussion Rules, Judge Says

    Citing continued concern about potentially fraudulent payouts from the National Football League’s massive concussion settlement, the Pennsylvania federal judge overseeing the litigation signaled her support Tuesday for new medical rules that players say would limit their freedom to see doctors of their choosing.

  • May 7, 2019

    Insys Jurors Say They Thought Execs Were Guilty Early On

    The Boston federal jury that deliberated for 15 days before convicting five former Insys Therapeutics executives of racketeering conspiracy last week believed early on in their discussions that all of the defendants were likely guilty, then dug through troves of evidence to find the documents that proved it, two of the jurors told Law360.

  • May 6, 2019

    Monsanto Can't Bring EPA's Latest Report Into Roundup Trial

    A California judge on Monday prohibited Monsanto from mentioning the U.S. Environmental Protection Agency’s recent interim report on Roundup’s active ingredient during the third jury trial over claims the weedkiller causes cancer, saying the report was “comments on comments” and the EPA didn’t draw any conclusions.

  • May 6, 2019

    Teary Plaintiff Tells Jury About Painful Cancer In J&J Talc Trial

    A 61-year-old woman who says asbestos in talcum powder products made by Johnson & Johnson and Colgate-Palmolive caused her mesothelioma gave tearful testimony Monday to a California jury about her decades of talc use and the pain caused by her terminal cancer.

  • May 6, 2019

    EPA Ordered To Implement Landfill Emissions Rule

    A California federal judge ruled Monday that the U.S. Environmental Protection Agency failed to comply with its "nondiscretionary obligations" under the Clean Air Act to implement Obama-era regulations aimed at reducing emissions from landfills, ordering the agency to take action on the issue.

  • May 6, 2019

    GM And Other Automakers Can't Shake Takata Air Bag Case

    A group of automakers, including General Motors and Fiat Chrysler, fell short Friday on attempts to escape consumers' economic damages claims against them in multidistrict litigation over the use of defective Takata Corp. air bags, but won assurances they will not face duplicative claims in multiple venues.

  • May 6, 2019

    Judge Seeborg Won't Hear PG&E Investor Suit Over Wildfires

    Notable California federal Judge Richard Seeborg stepped aside on Monday from a proposed investor class action against the currently bankrupt PG&E Corp. over its compliance with state safety regulations, saying that he has stock in one of the entities bringing suit.

  • May 6, 2019

    Smoker's Widow Fights Ruling That Overturned $46M Verdict

    A Florida woman is asking the Florida Supreme Court to reinstate the $46.5 million verdict her late husband received in an Engle progeny trial against R.J. Reynolds, saying the appellate court that overturned the verdict should have deferred to the lower court's hearsay ruling concerning the use of the surgeon general's reports at trial.

  • May 6, 2019

    Avenatti Blasts Class Counsel 'Hijack' In Surgical Gown Case

    Embattled attorney Michael Avenatti told a California federal court Friday that the receiver for his bankrupt law firm wants to "hijack" a class action focused on defective surgical gowns and improperly boot him from the case.

  • May 6, 2019

    GM's 'Clean' Diesel Systems Are Dirty, Silverado Buyers Say

    A group of more than 100 buyers of General Motors' Silverado trucks sued the automaker and parts maker Robert Bosch on Monday, saying the two companies fooled customers into buying diesel trucks advertised as clean and environmentally friendly that instead "spewed" pollutants in normal driving conditions.

Expert Analysis

  • Simple Website Tweaks Can Help Hotels Avoid ADA Claims

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    Hotels have been caught off guard by a new wave of Americans with Disabilities Act litigation related to the description of accessible accommodations on their websites, say Linsey Lovell and Stevan Pardo of Pardo Jackson.

  • Demystifying Damages: 5 Flagrant Fouls Of Financial Experts

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    From unrealistic profit projections to discount rate delusions, financial experts offering testimony on damage awards sometimes go out of bounds. It's important to understand the five flagrant fouls frequently committed by financial experts in the courtroom, say Joseph Galanti and Michelle Gettinger of Grant Thornton.

  • Opinion

    Product Liability Is The Wrong Standard For Self-Driving Cars

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    If automated vehicles are better for society than human-driven vehicles, we need liability rules to promote their usage. The traditional product liability framework is simply too costly to be the proper legal standard for analyzing AV crashes, say Gordon Anderson and Austin Brown of the UC Davis Policy Institute for Energy, Environment and the Economy.

  • There's More To Cosmetics Regulation Than Meets The Eye

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    A recent wave of cosmetics litigation, especially around talc, has reinvigorated a debate about the federal government's authority over cosmetic products and their ingredients. A close look at the current regulatory framework reveals that the rules are more robust than some may think, says Michael Giaquinto of Hawkins Parnell & Young LLP. 

  • Expectations For Glyphosate Litigation After Monsanto Verdict

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    As seen in a California jury's $80 million verdict in Hardeman v. Monsanto this week, Monsanto and its Roundup weedkiller are still bearing the brunt of glyphosate litigation, but the agricultural and food industries face litigation risks as well, say John Gardella and Michaela Lancer of CMBG3 Law LLC.

  • How The Supreme Court Revived Maritime Asbestos Cases

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    Last week's U.S. Supreme Court opinion in Air and Liquid Systems v. DeVries may cause a resurgence of filings against manufacturers of marine equipment that required asbestos-containing accessories, but its effect on nonmaritime-based asbestos litigation is less clear, say Edward Ulloa and Catherine Goldhaber of Hawkins Parnell & Young LLP.

  • And Now A Word From The Panel: An MDL Denial

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    In its recent denial of a motion to create a multidistrict proceeding in response to a “no-poach” clause in a company’s franchise agreements, the Judicial Panel on Multidistrict Litigation emphasized that there must be both “disputed” factual issues and “significant discovery" to justify an MDL, says Alan Rothman of Arnold & Porter.

  • Setting The Record Straight On Women In Court Reporting

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    Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

  • Opinion

    Limiting Supreme Court's Size Is Not Enough

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    The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

  • What's Ahead For Autonomous Vehicle Test Driver Regs

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    After a handful of crashes over the last 18 months, all aspects of autonomous vehicle technology have come under increased scrutiny by regulators and lawmakers. Now test driver qualifications are under the microscope as well, say Eric Tanenblatt and Crawford Schneider of Dentons.