Product Liability

  • November 03, 2020

    Mo. High Court Won't Review $2.1B J&J Talc Verdict

    The Missouri Supreme Court refused Tuesday to take up a dispute over a $2.1 billion verdict against Johnson & Johnson over ovarian cancer in longtime users of the company's talcum powder, prompting the consumer products giant to pledge to appeal to the U.S. Supreme Court.

  • November 03, 2020

    From The Front Lines: The Attorneys Protecting This Election

    Tuesday marked the final day of voting in 2020, and across the country, attorneys worked to safeguard what was already one of the most contentious and litigated elections in U.S. history. Here are the stories of attorneys on the front lines of election protection.

  • November 02, 2020

    W.Va. Gov'ts Rip Bid To Block Opioid Victims' Testimony

    Two West Virginia governments set to bring one of the first trials in nationwide opioid-crisis litigation are criticizing opioid distributors' bid to exclude testimony by people who have suffered from the crisis.

  • November 02, 2020

    Insys Founder Wants Another Prison Delay Due To COVID-19

    Insys Therapeutics Inc. founder John Kapoor asked a Massachusetts federal judge Monday to delay his 5½-year prison sentence for bribing doctors to prescribe opioids, saying that with three previous coronavirus-related extensions already having been granted and the pandemic worse than ever, now is not the time to lock the 77-year-old up.

  • November 02, 2020

    Trump Admin. Expands Efforts To Keep Opioids Out Of US

    The U.S. Food and Drug Administration said Friday that it's broadening its efforts to crack down on illicit opioids like fentanyl from entering the country at international mail facilities through a new partnership with two other federal agencies. 

  • November 02, 2020

    Energy Dept. Shirking Efficiency Standard Reviews, Suit Says

    The U.S. Department of Energy has been shirking its duty to meet deadlines for reviewing energy efficiency standards set for consumer and commercial products, the Natural Resources Defense Council, Sierra Club and other groups said in a lawsuit filed Friday in New York federal court.

  • November 02, 2020

    Boeing Can't Claim 'Privilege' In Max RICO Suit, Court Told

    Boeing and Southwest Airlines customers sparred Monday over whether the aerospace giant can claim privilege by using international aviation standards as a legal shield to withhold information on the Lion Air and Ethiopian Airlines crashes in a Texas racketeering case concerning the 737 Max.

  • November 02, 2020

    Pet Products Seller Can't Escape CBD Supplier's $10M Suit

    A Connecticut federal judge on Saturday preserved most of the claims in a $10 million fight between a CBD manufacturer and a pet products wholesaler it claims violated an exclusive supplier agreement.

  • November 02, 2020

    Insurers Seek Reimbursement For BP Defective Pipe Suit

    American Home Assurance Co. and National Union Fire Insurance Co. of Pittsburgh sued a pipe maker on Monday, aiming to get reimbursement for settling a lawsuit from BP America Production Co. alleging the supplier sold the oil company leaky and defective pipes.

  • November 02, 2020

    Liberty Mutual Off The Hook For Post Foods False Ad Suit

    A Missouri federal judge has found that Liberty Mutual Fire Insurance Co. doesn't need to defend Post Holdings Inc. in a false advertising suit over its cereals, saying the policy only covers bodily injury, but the plaintiffs in the underlying suit haven't alleged any.

  • November 02, 2020

    Energy Cos. Move Maui Climate Suit To Federal Court

    Chevron Inc. and other energy companies have removed to federal court a Hawaii county's suit seeking to hold them accountable for the costs of climate change through nuisance and negligence claims, saying global warming relief is necessarily a federal issue.

  • October 30, 2020

    Ga. Judges Affirm Snapchat's Win In Speed Filter Injury Suit

    A Georgia appellate panel on Friday narrowly affirmed the dismissal of a suit alleging that the "speed filter" feature on Snapchat Inc.'s photo app distracted a motorist and caused her to hit a man who suffered brain injuries, saying the company didn't owe a duty of care to the man.

  • October 30, 2020

    Cookware Co. Fights Insurer's Bid To Dodge Frying Pan Suit

    Cookware maker Tristar Products Inc. said Evanston Insurance Co. and a Hiscox insurance unit must defend it in a proposed class action over allegedly defective nonstick frying pans, arguing on Friday that it's too early for the insurers to shirk obligations.

  • October 30, 2020

    Minn. City Can't Ban Menthol Cigs, Tobacco Co. Tells 8th Circ.

    The town of Edina, Minnesota, had no business banning the sale of flavored tobacco products because the products are regulated by federal law, R.J. Reynolds told the Eighth Circuit on Thursday in a bid to appeal a ruling that tossed the tobacco giant's challenge to the ban.

  • October 30, 2020

    Texas Justices Pass On Bid To Hold Oncor Liable For Fire

    The Texas Supreme Court on Friday declined to hear a dispute over the cause of a grass fire that West Texas landowners argue was caused by Oncor, after the landowners claimed an appeals court didn't weigh conflicting evidence properly when they handed the company a win.

  • October 30, 2020

    Should GCs Fear The DOJ's Power To Bankrupt?

    Federal prosecutors took unprecedented action in a criminal plea deal with OxyContin-maker Purdue Pharma that forced the beleaguered corporation to dissolve, and now general counsel across the country wonder if they should be concerned for their companies.

  • October 30, 2020

    Kellogg Gets 2nd Win In Vanilla Flavor False Ad Suit

    A California federal judge has once again dismissed a proposed class suit alleging Kellogg Sales Co. misleads consumers on the vanilla content of its granola bars, saying the buyer leading the case still hasn't alleged facts to support his claim.

  • October 30, 2020

    MVP: Skadden's Allison M. Brown

    A string of victories defending Johnson & Johnson against allegations that the company's baby powder caused ovarian cancer helped earn Allison M. Brown of Skadden Arps Slate Meagher & Flom LLP a spot as one of Law360's 2020 Product Liability MVPs.

  • October 30, 2020

    Arizona 'Lite' Tea Drinkers Say Beverages Aren't So Light

    A proposed class of iced tea drinkers is suing the maker of Arnold Palmer iced tea and lemonade in New York federal court, claiming the beverages' labels mislead consumers by claiming on the front that they are "lite" even though they contain a lot of sugar.

  • October 30, 2020

    FCC Preemption Shuts Down IPhone Radiation Suit

    A California federal court has thrown out a proposed class action claiming Apple Inc.'s iPhones expose users to dangerous levels of radiation, saying the suit is preempted by Federal Communications Commission regulations.

  • October 29, 2020

    Insurer Denies Duty To Defend Smithfield In Fecal Spray Suit

    Old Republic Insurance Co. told a North Carolina federal judge Thursday it has no duty to cover Smithfield Foods Inc. in a suit over a hog farm's alleged practice of spraying urine and feces into the air.

  • October 29, 2020

    PG&E Nears Win In $500M Ch. 11 Appeal After Atty No-Show

    A California federal judge appeared open to tossing an investment firm's $500 million appeal challenging how Pacific Gas and Electric Co. must calculate post-bankruptcy interest on unimpaired claims after counsel for the firm didn't show up for a phone hearing Thursday, saying he takes the point that the parties agreed to settle the dispute.

  • October 29, 2020

    Texas Jury Awards $4M In Injury Suit Over Fallen Machine

    A Texas federal jury awarded a road worker $4.05 million on Wednesday in an in-person trial over a life-altering leg injury from a fallen piece of heavy machinery made by Asphalt Zipper Inc.

  • October 29, 2020

    Amazon Accused Of Selling Cosmetics With Toxic Chemicals

    Consumer Advocacy Group Inc. has sued Amazon in California state court for allegedly violating state law by selling beauty products that contain a chemical known to cause cancer.

  • October 29, 2020

    1st Circ. Says RI Climate Suit Belongs In State Court

    In yet another win for a state suing fossil fuel companies for costs related to climate change responses, the First Circuit on Thursday agreed with Rhode Island that its case belongs in state court, where it was filed.

Expert Analysis

  • Opinion

    Ariz. Law Firm Ownership Rule Change Is A Win For Clients

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    Arizona just became the first state to abolish an obscure ethics rule that prohibits nonlawyers from investing in law firms — a change that will lower legal service costs, encourage more innovation in the legal industry and improve access to justice, says William Marra at Validity Finance.

  • 15 Years Of Ohio Product Law Have Been Good For Cos.

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    Attorneys at Thompson Hine take a look at how a 2005 Ohio law limiting product defect claims has changed the landscape of tort and product liability in the state, largely to the benefit of manufacturers.

  • How To Write A Better Comment Letter On Agency Proposals

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    As the federal government prepares to unveil a revamped online portal for submitting comments on proposed rulemakings, several considerations can help the public provide better feedback to help agencies implement legislation and regulate our activities, say Matt Kulkin and Josh Oppenheimer at Steptoe & Johnson.

  • Courts Are Right To Limit Disclosure Requirements For Cos.

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    The First and Ninth Circuits were right to recently affirm that manufacturers are not automatically liable for not disclosing facts that might affect a consumer's purchase decision, because plaintiffs should not use consumer protection laws to enforce personal moral, ethical or political preferences, say Jonah Knobler and Brandon Trice at Patterson Belknap.

  • The Problem With Collectability In Legal Malpractice Cases

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    Attorneys are routinely immunized from malpractice actions when they represent plaintiffs pursuing claims that are not collectable, but an Illinois federal court's recent refusal to protect defense counsel in Newman v. Crane Heyman highlights inconsistency in collectability requirements, says Timothy Parilla at Palmersheim & Mathew.

  • Series

    BigLaw Cannot Reap Diversity Rewards Without Inclusion

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    BigLaw firms often focus on increasing their diversity numbers, but without much attention to equity and inclusion, minority lawyers face substantial barriers after they get their foot in the door, says Patricia Brown Holmes, managing partner at Riley Safer.

  • Series

    How Law Firms Can Hire And Retain More Black Attorneys

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    The pipeline of Black lawyers is limited, so BigLaw firms must invest in Black high school students, ensure Black attorneys receive origination credit and take other bold steps to increase Black representation in the industry, says Benjamin Wilson, chairman at Beveridge & Diamond.

  • Series

    Ideas For Closing BigLaw's Diversity Gap

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    If enough law firms undertake some universal diversity best practices, such as connecting minority lawyers to key client relationships and establishing accountability for those charged with spearheading progress, the legal industry could look a lot different in the foreseeable future, says Frederick Nance, global managing partner at Squire Patton.

  • Series

    BigLaw Needs More Underrepresented Attorneys As Leaders

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    Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

  • Series

    Advancing Racial Justice In The Legal Industry And Beyond

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    In addition to building and nurturing a diverse talent pipeline, law firms should collaborate with general counsel, academics and others to focus on injustices within the broader legal system, says Jonathan Harmon, chairman at McGuireWoods.

  • Guest Feature

    Diversity Work Doesn't Have To Be Reserved For Partners

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    Serving on my firm's diversity committee as an associate has allowed me to improve access, support and opportunity for minority attorneys at the firm, while building leadership skills and fostering meaningful relationships with firm management and industry professionals, says Camille Bent at BakerHostetler.

  • 4 Opportunities For Mediators To Settle Big-Dollar Cases

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    A few specific stages of complicated, multimillion-dollar matters — ranging from prefiling to the beginning of trial — present unique opportunities for mediators to persuade the parties to compromise and lay the foundation for settlement, say Robert Fairbank and Kimberly West at Fairbank ADR.

  • The Growing Challenges To Drug Cos.' Preemption Defense

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    Recent cases show that while pharmaceutical manufacturers can still argue that the U.S. Food and Drug Administration's authority over drug labeling preempts their ability to revise labels unilaterally, companies increasingly face liability for inadequate warnings, say attorneys at Winston & Strawn.

  • Remote Proceedings Bring New Wrinkles For Court Records

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    Parties and courts using remote videoconferencing should carefully consider how they will preserve a clear record of the proceedings, and the potential impact an official video record may have on appellate review, say Christopher Green and Sara Fish at Fish & Richardson.

  • Transforming Witnesses Into Master Storytellers Remotely

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    Despite the challenges of preparing witnesses over videoconference, trial lawyers can cultivate good observational skills and detect subtle changes in a witness's demeanor that can lead to powerful testimony in the courtroom, says Ilya Lerma at Trial Structure.

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