Product Liability

  • November 19, 2020

    Colo. Court Adds $3.6M Interest To $2.9M Ford Injury Award

    A Colorado appeals court on Thursday affirmed a $3.6 million interest award on top of a $2.9 million verdict in a suit alleging Ford's defective car seat partly caused a motorist's brain injury, saying a decade of interest at annual rate of 9% is owed despite a yearslong appellate process.

  • November 19, 2020

    3M Wins 3rd Circ. Ruling To Send PFAS Suit To Minnesota

    The Third Circuit has overturned a New Jersey district court's decision to keep a securities fraud class against 3M over its production of "forever chemicals," saying the trial court put too much weight on allegations of environmental harms in the state.

  • November 19, 2020

    Mass. AG Reaches Deal Over Falsely Marketed Hand Sanitizer

    The Massachusetts attorney general said her office has reached a $550,000 deal with a Maryland company that sold a hand sanitizer alternative falsely marketed as a prevention to the coronavirus pandemic to the Massachusetts Bay Transportation Authority.

  • November 19, 2020

    NHTSA Seeks Input On Self-Driving Car Safety Rules

    The National Highway Traffic Safety Administration announced Thursday that it will be seeking public comment on a possible framework of principles for safety in cars equipped with automated driving systems, or ADS.

  • November 19, 2020

    Ford Inks Deal To Repair Trucks' Faulty Exhaust Systems

    Ford Motor Co. has agreed to offer repairs and reimbursement to drivers to end a proposed class suit in Michigan federal court alleging it sold Ford Explorer trucks with defective exhaust systems that leaked fumes into the vehicles' cabins.

  • November 19, 2020

    AmerisourceBergen Held In Contempt In Wash. Opioid Suit

    A Washington state judge has held AmerisourceBergen Drug Corp. in contempt for failing to cooperate with an order to turn over documents and witnesses in the state's suit against the company over its alleged role in the state's opioid epidemic.

  • November 18, 2020

    COVID-19 Tort Cases Aimed Largely At Cruise Lines

    Most tort cases caused by the coronavirus pandemic have been brought against cruise lines, with others being brought over nursing homes and meatpacking plants, as well as Chinese government entities over how they handled the outbreak, according to a new report by Lex Machina.

  • November 18, 2020

    Judge Refuses To Halt Biomet Trial After Juror Caught Virus

    The punitive-damages phase of a trial against medical device maker Biomet Inc. concluded Wednesday after a Missouri federal judge rebuffed the company's efforts to pause the proceeding and push for a mistrial after one juror contracted COVID-19.

  • November 18, 2020

    Fla. Judge OKs Prevagen Deal After Striking Objection

    A Florida federal judge granted final approval Wednesday to a class action settlement over accusations that the maker of Prevagen lied about the effects of the memory supplement, after the judge roasted a bid by a "serial objector" to upend the agreement.

  • November 18, 2020

    Apple Buyers Urge 9th Circ. To Revive Security Patch Suit

    A group of Apple device buyers urged a Ninth Circuit panel Wednesday to revive their proposed class action alleging Apple failed to disclose its products' defective processors and used security patches that reduced the speed and value of their devices, arguing that they had sufficiently alleged a concrete economic injury.

  • November 18, 2020

    PG&E Judge Asks, 'What's Wrong With Negotiation?'

    A California bankruptcy judge mulled Wednesday whether he should allow PG&E to resolve 7,000 securities claims through individual settlement offers in an alternative dispute resolution proceeding instead of certifying a class, asking investors, "What's wrong with negotiation and a compromise?" and "Why shouldn't I just let 7,000 people make a choice?"

  • November 18, 2020

    9th Circ. Won't Rethink Ruling On EPA's Weedkiller Approval

    The Ninth Circuit on Wednesday rejected advocacy groups' request that the court revisit a decision that largely backed the U.S. Environmental Protection Agency's approval of a Corteva Agriscience weedkiller, which the advocates have argued could present a risk to protected plant and animal species.

  • November 18, 2020

    Boeing Still Faces Big Hurdles After FAA's 737 Max Approval

    U.S. regulators have lifted a 20-month flight ban on Boeing's 737 Max, but the aerospace giant will still have to contend with a global pandemic, ongoing government investigations and a skeptical public as it seeks to correct missteps that led to two fatal crashes that killed 346 people.

  • November 18, 2020

    Ariz. Water District Says Ak-Chin Tribe Can't Nix Counterclaim

    An Arizona water district has asked a federal judge not to toss its counterclaim in the Ak-Chin Indian Community's water rights suit, saying the tribe waived its sovereign immunity by raising the issue of groundwater degradation at the heart of the counterclaim.

  • November 18, 2020

    Apple To Pay $113M To End IPhone 'Throttling' Suit

    Apple Inc. has agreed to pay $113 million to 33 states and the District of Columbia to settle a suit alleging it deliberately "throttled," or reduced the performance of, certain iPhone models starting in 2016 in response to a battery issue that it concealed from consumers, Arizona's attorney general announced Wednesday.

  • November 18, 2020

    Judge Strikes Opioid Claims Against Prescribers

    The Ohio federal judge overseeing the multidistrict litigation over the opioid crisis on Wednesday struck pharmacies' claims that third-party health care workers were liable for writing opioid prescriptions, saying they're using previously rejected arguments.

  • November 18, 2020

    9th Circ. Clears Amazon In State Farm's Hoverboard Fire Suit

    The Ninth Circuit has sided with Amazon in a suit alleging it sold a defective hoverboard that caught fire and damaged the home of a State Farm Fire and Casualty Co. policyholder, finding the district court correctly applied state law when it handed Amazon a win.

  • November 18, 2020

    Former Insys Execs Win Another COVID-19 Prison Delay

    A federal judge on Wednesday allowed six former Insys Therapeutics Inc. executives who were convicted of bribing doctors to prescribe opioids to delay reporting to prison until at least February due to the ongoing COVID-19 pandemic.

  • November 18, 2020

    Molekule's Air Purifiers Fail To Clean Air, Buyers Say

    A group of air purifier buyers have hit Molekule Inc. with a proposed class action in Delaware federal court alleging the company's air filters fail to live up to claims they outperform other machines or can clean the air of pollutants and the coronavirus that causes COVID-19.

  • November 18, 2020

    FAA Lifts Boeing 737 Max Grounding Order

    The Federal Aviation Administration on Wednesday lifted its grounding order for Boeing's 737 Max jets after a 20-month global pause in flying that drew intense scrutiny of Boeing's and U.S. regulators' aircraft design and safety certification standards following two fatal crashes overseas.

  • November 17, 2020

    Purdue Pharma Gets Court Approval For $8B Deal With Feds

    A New York bankruptcy Judge on Tuesday approved Purdue Pharma's $8 billion settlement of federal felony charges stemming from its OxyContin sales and said Purdue's former owning family can pay $225 million in fines without violating court orders.

  • November 17, 2020

    Apple Can't Ditch Claims It Hid iPhone XR Antenna Woes

    A California federal judge trimmed a proposed class action Monday alleging Apple concealed that the iPhone XR had an inferior antenna but kept intact allegations that it fraudulently misrepresented the iPhone's capabilities.

  • November 17, 2020

    FDA Answers GAO Calls For COVID-19 Vaccine Transparency

    The head of the U.S. Food and Drug Administration pledged the agency's commitment to providing more transparency around emergency use authorizations, or EUAs, for COVID-19 treatments, issuing a statement Tuesday on the heels of a U.S. Government Accountability Office report calling for just that. 

  • November 17, 2020

    Georgia Judge Won't Toss $51M Flour Recall Insurance Spat

    A $51 million insurance coverage dispute over a grain company's recall of peanut-contaminated flour should proceed to the discovery stage, an Atlanta federal judge said Tuesday, denying one insurance company's bid to dismiss the complaint of another and ordering mediation between parties.

  • November 17, 2020

    Apple Asks Fed. Judge To Reconsider Remand Of BIPA Claim

    Apple is asking an Illinois federal judge to reconsider a ruling that it must face claims that it violated the state's biometric privacy law with its facial recognition software, saying one count of the complaint should have been thrown out and not remanded to state court.

Expert Analysis

  • Tesla Ruling Leaves Self-Driving Liability Questions Open

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    A California federal court recently dismissed Umeda v. Tesla, saying that the wrongful death suit involving a driver-assist system should have been filed where the crash occurred, but the underlying liability questions the case raised remain to be resolved, say Matthew Berkowitz and Brian O'Shea at Carr Maloney.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • Justices May Clarify Personal Jurisdiction Online In Ford Suits

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    At the U.S. Supreme Court's oral argument in Ford Motor Co. v. Montana Eighth Judicial District Court, the justices suggested that the court will soon clarify how the internet affects personal jurisdiction, say attorneys at McGuireWoods.

  • Law Firm Biz Development Tips For The Pandemic Era

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    Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.

  • Rulings Show Limits Of Federal Agency Vacancy Law

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    Recent court decisions applying the Federal Vacancies Reform Act to invalidate improper presidential appointments of acting federal agency heads have had little evident impact, highlighting shortcomings in the law that could become more acute if the presidency and Senate are controlled by different parties, says Steven Gordon at Holland & Knight.

  • Justices' Ford Comments Hint At Specific Jurisdiction Rule

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    Recent oral argument at the U.S. Supreme Court in Ford Motor Co. v. Montana Eighth Judicial District Court suggests the court may be leaning toward limiting specific jurisdiction over nonresident defendants to forums where a defendant actually aimed or conducted activities that allegedly caused a plaintiff's injury, says Christine Shang at Locke Lord.

  • Opinion

    BigLaw Must Drop The Billable Hour To Improve Diversity

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    Implementing pay structures that compensate attorneys for achieving clients' goals rather than measuring success based on hours billed is a necessary first step to keeping underrepresented attorneys in BigLaw, says Elizabeth Korchin at Therium Capital.

  • Minn. Litigants May Soon Have Clarity On Jurisdiction

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    The recent ruling in Backe v. A.W. Keuttel & Sons typifies Minnesota courts' broad view of specific personal jurisdiction over out-of-state companies — but the U.S. Supreme Court's upcoming decision in Ford Motor Co. v. Montana Eighth Judicial District Court may clarify what connection a company must have to a state to be sued there, says Danielle Luisi at Husch Blackwell.

  • A Study Of Virtual Reality's Courtroom Applications

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    Virtual reality technology can transport jurors to a scene without their leaving the courtroom, but expert witnesses and counsel must carefully weigh 3D technology's limitations compared to conventional media and the richness of human perception, say consultants at Exponent.

  • 8 Tips For Effective Oral Advocacy In Virtual Court Hearings

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    Jim Lofton at Lofton Legally Speaking explains why tightly constructed arguments, the right camera angle and good online behavior are crucial to a powerful virtual courtroom presentation.

  • A GC's Blueprint For Improving Legal Industry Diversity

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    General counsel are in a unique position to ensure that their partner law firms are giving significant case assignments to underrepresented attorneys, and to help future generations of lawyers access meaningful opportunities early in their education or careers, says Laura Schumacher, chief legal officer at AbbVie.

  • Perspectives

    Book Review: Did The High Court Cause Mass Incarceration?

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    William Pizzi's argument in "The Supreme Court's Role in Mass Incarceration" that the U.S. Supreme Court is responsible for the high rate of incarceration is compelling, but his criticism overlooks the positive dimensions of the criminal procedure decisions under Chief Justice Earl Warren, says U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin.

  • Decoupling From China: Part 3 — Oversight And The Election

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    Attorneys at WilmerHale examine the scrutiny U.S. businesses spending COVID-19 relief funds in China will likely face, the upward trajectory of China-focused congressional investigations, and how the U.S. presidential election will affect relations with China.

  • Decoupling From China: Part 2 — Security Requirements

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    Attorneys at WilmerHale discuss security requirements and export controls protecting U.S. technologies and supply chains, and the potential impact efforts to separate the U.S. and Chinese economies could have on international trade.

  • Persuasion Skills Attys Can Learn From Political Speeches

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    The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

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