Product Liability

  • November 09, 2020

    3M Wins Trial Over Ship Worker's Faulty Respirator Claims

    A Washington state jury has cleared 3M of liability in a trial alleging its respirators failed to block asbestos particles and protect a Puget Sound Naval Shipyard worker who developed mesothelioma.

  • November 09, 2020

    Peloton Can't Nix False Ad Suit Over Online Fitness Classes

    A New York federal judge on Monday slapped down Peloton's bid to toss a proposed class action against the stationary bike giant claiming it falsely advertises an "ever-growing" library of online fitness classes, ruling while a Michigan customer can't sue under New York law, the New York-based lead plaintiff can.

  • November 09, 2020

    VA Must Pay 'Blue Water' Vets For Agent Orange Exposure

    U.S. District Judge William Alsup has ruled that under a 30-year-old consent decree, the U.S. Department of Veteran Affairs must compensate sailors known as blue water Navy veterans who served offshore in Vietnam and developed diseases linked to exposure to the toxic chemical Agent Orange.

  • November 09, 2020

    Sugar Cereal Suit Won't Get Split Trial For Each Class

    A California federal judge on Monday denied a bid by Post Foods LLC to split a false advertising class action over the nutritional value of its cereals into five separate trials, saying while the case is complex, that does not require splitting it as Post suggests.

  • November 09, 2020

    Monster Can't Escape Suit Over Dead Rodent In Drink

    Monster Beverage Corp. must face a man's suit alleging he found a dead rodent in a can of its energy drink, an Ohio federal judge has ruled, refusing to dismiss negligence claims that he brought under the Ohio Pure Food and Drug Law.

  • November 09, 2020

    Snell Seeks Sanctions For Ex-NFL Player In Liability Fight

    Snell & Wilmer LLP has urged a Nevada federal court to sanction an ex-New England Patriots player for seeking to obtain certain discovery information from the firm rather than from his opposing party in a dispute over allegedly faulty pain pumps, arguing the ask is "needlessly burdening the court."

  • November 09, 2020

    Folgers Says 'Kitchen Counter' Chemist Can't Save Label Suit

    Folgers has asked a Florida federal judge for a second time to dismiss a proposed class action against it, alleging the "expert chemist" used by consumers to prove that coffee canisters are underfilled conducted his experiment on a kitchen counter and misunderstood the product's label.

  • November 09, 2020

    Arsenic, Toxins In Apple Juice Sent To Schools, FDA Says

    The U.S. Food and Drug Administration is suing a supplier that distributes more than 2.9 million servings of apple juice to schools through a government lunch program, saying its lax health and safety standards have allowed the toxins arsenic and patulin to get into the juice.

  • November 08, 2020

    Attorneys Expect Enviro Policy Whiplash With Biden Win

    President-elect Joe Biden is expected to bring swift, sweeping changes to environmental policy when he takes control of the White House, from ensuring the U.S. is an active member of the Paris Climate Accord to reversing course on the Trump administration's deregulatory efforts.

  • November 08, 2020

    Biden Opioid Plan Puts Pharmacies On Notice

    President-elect Joe Biden will enter office with a plan to curb the nation's opioid crisis by increasing federal investigations into distributors of the drug, signaling that smaller companies should be aware that it's not just big businesses that can become the focus of federal prosecutors.

  • November 07, 2020

    Biden Win May Lead To First Black Female Justice

    President-elect Joe Biden's victory makes his promise of appointing the nation's first African American woman to the U.S. Supreme Court that much closer to reality, although whether he succeeds will likely come down to who has control of the Senate. Here, Law360 looks at some of the potential candidates.

  • November 07, 2020

    High Court Expansion Unlikely After Tight Election

    Democratic calls for President-elect Joe Biden to "pack" the U.S. Supreme Court appear to be dead on arrival with Democrats still struggling to gain even 50 votes in the chamber in this year's election, likely protecting the court's 6-3 conservative supermajority for the foreseeable future.

  • November 07, 2020

    Biden's Win Means Big Business For BigLaw

    BigLaw is likely to see a boom in business under Joe Biden's presidency, with attorneys and law firm leaders anticipating a bevy of new federal regulation and enforcement actions that will have clients calling for advice.

  • November 07, 2020

    Biden Beats Trump At The Polls As Court Battles Continue

    Former Vice President Joe Biden collected enough electoral votes to secure the presidency Saturday, but looming recounts and President Donald Trump's multiple legal challenges threaten to extend the fight for the White House.

  • November 06, 2020

    FDA Panel Won't Back Approval Of Biogen's Alzheimer's Drug

    A U.S. Food and Drug Administration advisory committee on Friday declined to recommend Biogen's Alzheimer's drug aducanumab for approval, saying the agency shouldn't be so quick to embrace the biotech company's claims that the drug is effective.

  • November 06, 2020

    Insurers Sue Otis Elevator For $12.5M Over Hyatt Hotel Fire

    Three insurers have filed suit against Otis Elevator Co. in Oklahoma federal court, seeking reimbursement for approximately $12.5 million they paid to cover a Tulsa hotel owner and manager for a fire that allegedly originated from a defective escalator.

  • November 06, 2020

    FCA Accused Of Hood Scoop Defect On 2018 Muscle Cars

    A proposed class of drivers on Thursday hit FCA US LLC with a suit in California federal court alleging that the company hid a hood scoop defect in its limited edition 2018 Dodge Challenger SRT Demon vehicles.

  • November 06, 2020

    Deal In Dallas Malpractice Suit Ends State High Court Bid

    The Supreme Court of Texas said Friday it won't be hearing a Dallas law firm's challenge to accusations that it gave bad settlement advice in a product liability dispute, with the family behind the malpractice case having agreed to drop its remaining claims.

  • November 06, 2020

    Whole Foods Rips False Ad Suit Over Oatmeal Sugar Content

    Whole Foods Market Group Inc. is pushing back against a suit in New York federal court alleging its oatmeal products mislead consumers by hiding sugar content, saying no reasonable consumer would be fooled given the sugar content is listed on the back of the package.

  • November 06, 2020

    Takata Ch. 11 Trustee Sues Insurer Over Air Bag Claim Denials

    A trust set up to compensate people killed or injured by defective Takata Corp. air bags is suing one of the company's insurers in Delaware bankruptcy court, saying the insurer is refusing to cover claims by those victims despite agreeing to under Takata's Chapter 11 reorganization plan.

  • November 06, 2020

    Mass. Top Court Chews Over Mistrial In Bad Burger Case

    Massachusetts' top appeals court on Friday appeared receptive to a lawyer's bid to reinstate a $150,000 jury award granted to a woman injured by a bone hidden in a Wendy's hamburger after the trial court declared a mistrial due to his admittedly "overzealous" closing arguments.

  • November 05, 2020

    FDA Likely Can't Snuff Out Challenge To Menthol Ban 'Delay'

    A California federal judge said she's not inclined to extinguish 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, saying Thursday she believes the agency is required to act.

  • November 05, 2020

    $26B Opioid Deal Offer To Include $2B In Atty Fees

    The $26 billion settlement proposal from Johnson & Johnson and McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Corp. will include a separate $2 billion fund to pay attorney fees and costs for the local governments that have sued over the opioid epidemic in multidistrict litigation, a source confirmed Thursday.

  • November 05, 2020

    Law Firms Sued For Allegedly Botching BP Oil Spill Claims

    In a lawsuit removed to Louisiana federal court on Wednesday, a group of law firms and their insurance companies were accused of mishandling their clients' requests for compensation following the BP Deepwater Horizon Oil Spill in April 2010.

  • November 05, 2020

    New Orleans Jury Awards $10.3M In Asbestos Cancer Case

    A New Orleans jury has awarded more than $10.3 million to a former longshoreman who was diagnosed with mesothelioma last year after unloading raw asbestos from ships in the 1960s, finding that two stevedoring companies and a shipping company contributed to the development of his disease.

Expert Analysis

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • Amazon Cases Show E-Tailer Product Liability Varies By State

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    The law around online marketplaces' exposure to litigation over products sold by third-party vendors is in flux — but a review of recent cases involving Amazon shows that a company's risk in these situations ultimately depends on state statutes, says Derek Rajavuori at Butler Snow.

  • Aviation Watch: Controllers' Liability In Kobe Bryant Crash

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    Two air traffic controllers who communicated with the pilot of Kobe Bryant's helicopter before its crash were recently joined to the litigation over the accident for allegedly failing to provide the pilot with radar service — but the cause of action against them rests on legal quicksand, says Alan Hoffman, a retired attorney and aviation expert.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Lessons From An In-Court Jury Trial During The Pandemic

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    Following a recent in-person jury trial at the Indiana Supreme Court, Angela Hall and Jason Rauch at Faegre Drinker offer takeaways on remote trial preparation, socially distanced voir dire and evidence presentation during the COVID-19 era.

  • 5 Ways Retailers Can Mitigate Product Liability Litigation Risk

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    While courts sometimes hold retailers liable for injuries caused by products they sold but did not manufacture — as a California appeals court did recently in Bolger v. Amazon — retailers can implement a number of strategies to reduce product liability litigation risk, say Alexandra Cunningham and Elizabeth Reese at Hunton.

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

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    Recent oral arguments before the Judicial Panel on Multidistrict Litigation in the Ahern Rentals trade secret case demonstrate that justifying centralization of related actions into an MDL hinges on showing similarities between the actions — and especially on whether they will lead to common discovery, says Alan Rothman at Sidley.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Key Regulatory Concerns For Cos. Making COVID-19 Products

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    Recent enforcement actions by federal agencies against businesses making products intended to protect against COVID-19 highlight why companies must understand which regulators they are answerable to, and what standards they must follow when producing, advertising, labeling and selling their goods, say attorneys at Crowell & Moring.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • How DOE Compliance May Change For Certain Equipment

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    Manufacturers of certain consumer products and commercial and industrial equipment should review a recent proposal from the U.S. Department of Energy very carefully, as it may increase a company's liability exposure during enforcement investigations, say Jean-Cyril Walker and Alexa Pecht at Keller and Heckman.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

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