Product Liability

  • 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.

  • November 17, 2020

    Class Damages Claims Tossed In Blender False Ad Suit

    A Utah federal judge has thrown out a Virginia woman's class action claims for damages in her suit against Blendtec Inc. that alleges the company sold blenders that failed to live up to their horsepower promises, saying those claims don't fit criteria set under state law.

  • November 17, 2020

    House Passes Bipartisan Bills To Fight Opioid Crisis

    The U.S. House of Representatives on Tuesday passed a number of bipartisan health care bills aimed at tackling the opioid crisis, as well as a bill that would update outdated labeling for generic drugs.

  • November 17, 2020

    House Advances FAA Reform Bill After 737 Max Crashes

    House lawmakers on Tuesday approved bipartisan legislation mandating tighter controls on the Federal Aviation Administration's aircraft certification process after two deadly Boeing 737 Max crashes exposed gaps in the government's oversight and jet makers' outsized role in vetting their own aircraft safety.

  • November 17, 2020

    DC Says Climate Suit A Matter For Local Courts

    The District of Columbia has said its allegations that oil giants like ExxonMobil have violated consumer protection laws by deceiving the public about the climate change-related risks of fossil fuels have been distorted in an attempt to have a local issue decided in federal court.

  • November 17, 2020

    Pet Owner Pushes 7th Circ. To Revive Dog Food False Ad Suit

    A pet owner is asking the Seventh Circuit to revive his claims that Champion Petfoods USA Inc. misleads consumers on the quality of its foods, saying the lower court judge was wrong to find the company couldn't be held liable for the presence of harmful substances.

  • November 16, 2020

    'Manufactured' Doesn't Mean Tea Grown In US, Bigelow Says

    Bigelow Tea urged a California federal judge Monday to dismiss a proposed class action alleging the company falsely and deceptively advertised its products as made in America, saying consumers would not believe assertions that tea "manufactured" in the U.S. means the raw product was grown domestically.

Expert Analysis

  • 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.

  • Decoupling From China: Part 1 — Legislation And Funding

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    Attorneys at WilmerHale consider how federal funding and the Committee on Foreign Investment in the United States' expanded authority are advancing the national imperative to end U.S. dependence on China for strategically important materials, components and products.

  • Opinion

    Courts Shouldn't Consider Bodily Injury Claims In Opioid Suits

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    Although public nuisance claims are driving opioid lawsuits, some recent court decisions are making a mistake by blurring the distinction between claims for individual injury and claims for governmental abatement funding, potentially manufacturing unintended insurance coverage and depleting insurance where it is actually needed, says Adam Fleischer at BatesCarey.

  • Veil-Piercing Defense Lessons From Kumho Tire Case

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    A recent ruling by a South Dakota federal court in Jahner v. Kumho Tire USA sheds light on how plaintiffs may assert veil-piercing or alter ego allegations to gain personal jurisdiction over a foreign corporate parent — and how to defend against such claims, say attorneys at Dechert.

  • Opinion

    Reflections On My 1st Judicial Election Amid Racial Tensions

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    Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

  • Weighing Litigation Vs. Arbitration Amid Court Disruptions

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    Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

  • Flint Water Crisis Ruling May Signal Broader EPA Liability

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    A Michigan federal court’s recent ruling that the U.S. Environmental Protection Agency wasn't immune to negligence claims for its handling of the Flint drinking water crisis may signal a new era in government liability with increased risk to unappropriated public funds, say William Droze and Lisa Zak at Troutman Pepper.

  • How Attys Can Guard Against Rising Settle-And-Sue Claims

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    Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • Vaping And COVID-19: Plausibility And Causality

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    A plausible correlation between vaping and increased COVID-19 risk has already led to liability claims against e-cigarette manufacturers — but it is unclear whether plaintiffs will be able to prove causality, say attorneys and a scientific adviser at DLA Piper.

  • 5 Tips For Overcoming Online Jury Selection Challenges

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    Online voir dire presents logistical hurdles — such as inattentive jurors, technological limitations and the inability to question all prospective jurors at the same time — but there are ways attorneys can improve the process, says Rick Norris at Dentons.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

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