Product Liability

  • November 16, 2020

    Wis. Asbestos Co. Beats Late Claims In NY Appeals Court

    A New York appeals court has tossed litigation over asbestos injuries against Wisconsin-based bankrupt supplier Special Electric Co., finding that claims were barred by the Midwestern state's statute of limitations.

  • November 16, 2020

    Energy Cos. Tell Justices Climate Torts Belong In Fed. Court

    A coalition of energy giants asked the U.S. Supreme Court on Monday to tackle a central issue in roughly 20 lawsuits seeking to put them on the hook for climate change-related infrastructure damage: Do the cases belong in state or federal court?

  • November 16, 2020

    Tractor Co. Beats Design Defect Appeal Over NJ Man's Death

    A New Jersey state appeals court on Monday affirmed a 2018 jury verdict clearing agricultural machinery company AGCO Corp. of allegations its predecessor defectively designed a tractor that flipped over and crushed its 49-year-old driver to death, rejecting a widow's claims that a judge delivered confusing and incomplete jury instructions.

  • November 16, 2020

    SC Johnson Wants To Wipe Out Windex False Ad Suit

    S.C. Johnson & Son Inc. is asking a New York federal court to throw out a proposed class action claiming its Windex surface cleaners are falsely advertised as non-toxic, saying the suit relies on an unreasonable interpretation of the term.

  • November 16, 2020

    5th Circ. Finds Suit Over Chinese Drywall Brought Too Late

    The Fifth Circuit has found that a Mississippi woman filed her suit over defective Chinese drywall in her home too late, affirming a lower court's decision.

  • November 16, 2020

    Magistrate Judge Says Ex-NFL Player Should Pay Atty Fees

    A Pennsylvania federal magistrate judge has recommended that former Dallas Cowboys safety Michael Downs pay a portion of his award in an ongoing concussion class action involving NFL players to his former attorneys at Langfitt Garner PLLC.

  • November 16, 2020

    Imerys Gets Nod For $223M Ch. 11 Sale; $30M Loan Delayed

    Bankrupt talc producer Imerys Talc America Inc. secured court approval in Delaware Monday for a $223 million sale of its assets, but was separately ordered to clarify a $30 million debtor-in-possession loan order and pact.

  • November 16, 2020

    Whirlpool Hit With Defect Suit Over Ice Buildup In Fridges

    A pair of Californians have sued Whirlpool Corp. in a proposed class action alleging the company sells refrigerators with defective control panels, causing ice to build up and cause damage to the fridges and their surroundings.

  • November 16, 2020

    Exxon Says It Can't Be Sued For Climate Fraud In Connecticut

    Exxon Mobil Corp. urged a Connecticut federal court to toss the state's suit accusing it of a multidecade campaign to mislead the public and conceal climate change risks posed by the production and use of fossil fuels, arguing nothing ties the alleged behavior to the state.

  • November 16, 2020

    Feds Say $225M Sackler Fine To Go To Medicare, Medicaid

    The U.S. attorney's office has told a New York bankruptcy judge that nearly all of the $225 million settlement of federal opioid litigation against the former owning family of Purdue Pharma will go into the general Medicare and Medicaid budget.

  • November 16, 2020

    'Transition' Toddler Formulas Mislead Buyers, Suits Claim

    Buyers in a trio of proposed class actions are alleging that "transition" formulas for 9- to 18-month-old children made by Mead Johnson & Co. LLC, Target Corp. and Gerber Products Co. mislead consumers into thinking they meet a growing toddler's needs and are approved by the U.S. Food and Drug Administration.

  • November 13, 2020

    DHS Flags Becton Medical Pump For Cybersecurity Issues

    Medical tech producer Becton Dickinson & Co.'s Alaris infusion pump has cybersecurity weaknesses that, if exploited, could force users, typically hospitals, to operate them manually, the U.S. Department of Homeland Security announced Friday.

  • November 13, 2020

    Liberty Mutual Loses Coverage Case Against Sports Co.

    Liberty Mutual Fire Insurance Co. lost its product liability suit against an equipment company on Friday after a New York federal judge ruled that the company did not owe Liberty any reimbursement regarding claims against its policyholder.

  • November 13, 2020

    Ga. Judge Says LG Chem Can't Avoid Exploding Battery Suit

    A Georgia state judge has made a first-of-its-kind ruling that Korean company LG Chem can be sued in the Peach State for allegedly exploding lithium batteries used in vape devices and e-cigarettes, though on Friday he authorized an immediate appeal of the decision.

  • November 13, 2020

    Arizona Wants Out Of Arnold Palmer False Labeling Row

    Arizona Beverages USA LLC has urged an Illinois federal judge to toss a consumer's lawsuit claiming the company misrepresented the healthiness of its zero-calorie Arnold Palmer drinks, arguing federal preemption and a lack of testing allegations drown his proposed class claims.

  • November 13, 2020

    FDA Can't Fully Ditch Challenge To Menthol Ban 'Delay'

    A California federal judge on Thursday kept alive the African American Tobacco Control Leadership Council and the American Medical Association's lawsuit alleging the U.S. Food and Drug Administration has unlawfully delayed a ban on menthol cigarettes, but trimmed claims that the FDA's lack of action was arbitrary and capricious.

  • November 13, 2020

    Philly's Flavored Tobacco Ban Snuffed Out By Cigar Group

    A Pennsylvania federal judge extinguished Philadelphia's ban on flavored tobacco sales Friday, granting the Cigar Association of America's bid to preliminarily enjoin enforcement of the ban and writing that while youth access to tobacco is concerning, the ordinance is preempted by state law.

  • November 13, 2020

    Opioid Expert's Data Belongs In Bellwether Trial, Judge Told

    Two local West Virginia governments are fighting to keep in play an expert's testimony about the magnitude of opioid use and overdose deaths in an upcoming bellwether trial over the nationwide epidemic, saying protests from drug distributors rely on their lawyers' "inaccurate" reading of textbook epidemiology.

  • November 13, 2020

    7th Circ. Mulls Supreme Court's Impact On Groundwater Row

    An environmental group and the owner of an Illinois coal-fired power plant presented very different interpretations of a recent U.S. Supreme Court decision governing the applicability of the Clean Water Act on groundwater discharges to the Seventh Circuit on Friday, pushing one judge to note both sides seemed to see the ruling as a win.

  • November 13, 2020

    Health Hires: Cozen O'Connor, LumiThera

    Cozen O'Connor has snapped up an expert in the health care and life sciences space from Seyfarth Shaw LLP, medical device company LumiThera Inc. has named a new general counsel, and Tucker Ellis LLP has added two attorneys with experience in medical devices, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • November 13, 2020

    FDA, DEA Experts Cleared To Testify In NY AG's Opioid Case

    The New York judge overseeing the state attorney general's suit over the opioid crisis said on Friday that he will allow witnesses for the state and two Long Island counties to testify, including a former U.S. Food and Drug Administration head and a former U.S. Drug Enforcement Administration agent.

  • November 13, 2020

    Cardinal Health Pushes AIG Unit For Opioid Suit Coverage

    Cardinal Health Inc. is suing a unit of AIG over its effective denial of defense coverage for suits in opioid-related cases across the country, saying it is entitled to decide which insurance policies it relies on once coverage is triggered.

  • November 13, 2020

    VW Beats Pre-Scandal Car Owners' Emissions Damages Suit

    A California federal judge has said drivers who sold their Volkswagen vehicles before the German automaker's September 2015 emissions-cheating scandal became public aren't entitled to damages and couldn't prove they overpaid for purportedly low-emission vehicles that weren't as environmentally friendly as they thought.

  • November 12, 2020

    Purdue's $8B Deal Doesn't End Calif.'s Row With Big Pharma

    Attorneys for California told a federal magistrate judge Thursday that the state is pursuing its opioid epidemic case against pharmaceutical giants, regardless of Purdue Pharma's proposed $8 billion settlement with the federal government, saying its public nuisance claims seek reimbursement for the ongoing costs of abating the opioid crisis.

  • November 12, 2020

    Koh Rips Kellogg Class Attys' 'Kitchen Sink' Litigation Tactics

    U.S. District Judge Lucy Koh on Thursday rejected a revised $20 million deal to resolve claims Kellogg falsely labeled its sugar-loaded cereals and slammed class counsel for their "kitchen sink" approach to litigation, saying "the way you've litigated this case throughout has been overly burdensome on the court."

Expert Analysis

  • 2 NJ Rulings Expand Manufacturer Liability

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    The New Jersey Supreme Court's recent decisions in Whelan v. Armstrong International and Sun Chemical v. Fike Corp. suggest that the state's courts may now hold an equipment manufacturer liable for failure to warn about third-party replacement parts that did not exist when the original equipment was sold, say Michael Posavetz and David Katzenstein at Eckert Seamans.

  • 2nd Circ. Gives Teeth To Omnicare Securities Fraud Standard

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    The Second Circuit's recent Abramson v. NewLink decision shines new light on the U.S. Supreme Court's 2015 Omnicare ruling, potentially opening up new avenues for securities fraud claims, and suggesting that issuers exercise more caution when expressing opinions, says Chris Provenzano at Provenzano Granne.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

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    The Illinois Supreme Court's recent ruling in Berry v. City of Chicago, rejecting claims for medical monitoring by plaintiffs not suffering present physical injuries, reflects a growing trend and could influence other state courts to rule similarly, say John Ewald and Matthew Bush at King & Spalding.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

  • Beirut Blast Shows Need To Review Ammonium Nitrate Regs

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    The recent ammonium nitrate explosion in Beirut should prompt renewed scrutiny of how the U.S. regulates use and storage of this chemical, and a stronger focus on policies that balance its benefits against its risks to people and the environment, says Karen Cullinane at Goldberg Segalla.

  • How COVID-19 May Rattle Companies' Supply Chains

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    As manufacturers, distributors and retailers begin to resume their activities in the wake of COVID-19 lockdowns, they must be aware of how changes in manufacturing, storage, shipping and staffing practices at different points in the supply chain could compromise product quality and increase legal liability, says Zal Phiroz at Pier Consulting Group.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • 9th Circ. Ruling Reinforces FTC Disgorgement Authority

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    The Ninth Circuit's recent decision in Federal Trade Commission v. OMICS — a case involving deceptive practices allegations against an academic conference and journals company — may further embolden the commission to seek the broadest possible measure of disgorgement, even when not supported by its own evidence, says August Horvath at Foley Hoag.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

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