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Product Liability

  • January 30, 2019

    Nestle, Hershey, Mars Get Child Labor Labeling Suit Tossed

    A Massachusetts federal judge on Wednesday dismissed proposed class actions against Nestle USA Inc., The Hershey Co. and Mars Inc. that alleged the companies deceived customers by not disclosing on their packaging that their chocolate may have been made with slave and child labor, saying the plaintiff did not state a claim under Massachusetts law.

  • January 29, 2019

    EPA, Enviros Square Off Over Coal Ash Rule Deadlines

    The U.S. Environmental Protection Agency on Tuesday opposed a request by environmental groups to toss deadline extensions for companies to comply with part of the coal ash disposal rule, while the groups said the agency’s bid to reexamine the issue would waste valuable time.

  • January 29, 2019

    No 'Property Damage' In Bad Baby Formula Suit, Court Says

    Scottsdale Insurance Co. doesn’t have to cover a dairy company's costs to defend and settle a lawsuit accusing it of providing an incorrect ingredient for batches of baby formula because the tainted product didn't qualify as covered property damage, an Ohio judge has ruled.

  • January 29, 2019

    Bellwether Trial In Opioid MDL Delayed Another 7 Weeks

    An Ohio federal judge agreed Tuesday to once again push back the start date of the first bellwether trial in multidistrict litigation over the country's opioid epidemic to give the plaintiffs and the opioid makers enough time to resolve ongoing discovery issues.

  • January 29, 2019

    Valve Co. Hit With $5M Verdict In Fatal Mesothelioma Trial

    A South Carolina jury has found that a former power plant employee's fatal mesothelioma was caused by asbestos in valves made by Fisher Controls International LLC, awarding the deceased employee's widow $5.1 million in damages.

  • January 29, 2019

    Full Fed. Circ. OKs Benefits For 'Blue Water' Vietnam Vets

    A full panel of the Federal Circuit ruled Tuesday that U.S. Navy veterans who served offshore during the Vietnam War are entitled to benefits for diseases linked to Agent Orange, finding that the territorial waters of Vietnam count as part of the country under a benefit law.

  • January 29, 2019

    J&J Pushed Risperdal Despite Breast-Growth Risk, Jury Hears

    As harshly as a man suing over the antipsychotic drug Risperdal may have been bullied as a young boy over breasts he grew after taking it, a Philadelphia jury heard arguments Tuesday that the real bullies were the decision-makers at a Johnson & Johnson subsidiary who allegedly pushed the drug on children despite knowing its risks.

  • January 29, 2019

    Tobacco Co. Owes $125M After Winston, Kool Buy: Texas AG

    The Texas attorney general told a federal court Monday that ITG Brands LLC owes the state $125 million after its 2015 acquisition of R.J. Reynolds cigarette brands Winston, Kool and Salem, saying it had taken over the obligation to make payments under a settlement for costs assumed by the state for tobacco-related health issues.

  • January 29, 2019

    Ch. 11 Filing Gives PG&E Chance To Douse Future Fire Claims

    Pacific Gas and Electric Co.'s bankruptcy filing will enable the utility to consolidate billions of dollars in claims from wildfire victims as well as provide it the opportunity to leverage concessions from California lawmakers that would mitigate the financial risks of future catastrophic blazes, according to experts.

  • January 29, 2019

    Sears Gets Final OK For Deal To Fix Craftsman Riding Mowers

    An Illinois federal judge gave the final signoff Tuesday on a deal between Sears Roebuck and Co. and more than 1 million consumers nationwide who said they bought riding lawn mowers with defective fuel lines from the company's Craftsman line.

  • January 29, 2019

    Autonomous Car, Drone Cos. Navigate New Compliance Risks

    As self-driving vehicles and unmanned aircraft systems hit the nation's roads and skies, the companies invested in these new technologies are grappling with still-evolving safety and regulatory concerns that will open them up to new compliance and legal risks. Here, Law360 examines some of the compliance concerns linked to emerging technology in the transportation sector.

  • January 29, 2019

    BakerHostetler Atty Accused Of Misusing Info In Opioid MDL

    The city of Cleveland has filed a redacted motion in Ohio federal court laying out its reasons for seeking to disqualify a BakerHostetler partner and former U.S. attorney from representing Endo Pharmaceuticals Inc. in a bellwether case over the opioid epidemic, saying that in a deposition she used confidential information she gained while she was a public official.

  • January 29, 2019

    PG&E Files For Bankruptcy In Wake Of Calif. Wildfires

    Pacific Gas and Electric Co. went forward Tuesday with its previously announced plans to file for Chapter 11 protection, buckling under an estimated $30 billion in damage liabilities stemming from California's devastating wildfires and vowing to reorganize with enhanced safety protocols.

  • January 28, 2019

    Cancer Victim's Atty Takes Heat From Judge In Monsanto MDL

    In a heated exchange Monday, a California federal judge overseeing multidistrict litigation over claims that Monsanto's Roundup weedkiller causes cancer questioned whether a plaintiff's attorney was working in the best interest of his client, saying a proposed jury instruction appeared to advantage litigants in future cases, but not his client.

  • January 28, 2019

    Punitives Promise Fiercer Fight In Philly Risperdal Trial

    With the possibility of punitive damages on the table for the first time since trials over breast growth in boys who used the antipsychotic drug Risperdal kicked off in Philadelphia four years ago, experts say that jurors in a case slated to open on Tuesday can expect a heightened level of aggression from counsel on both sides.

  • January 28, 2019

    J&J May Get Lifeline In Talc Trials From Mo. High Court

    Johnson & Johnson could be dealt a stronger hand in its fight against thousands of lawsuits alleging its talcum powder causes cancer after the Missouri Supreme Court earlier this month stayed an impending trial and agreed to hear the pharmaceutical giant’s arguments that it’s unfair to try the cases with more than one plaintiff at a time.

  • January 28, 2019

    NTSB Failed To Investigate 22 Accidents Amid Shutdown

    The National Transportation Safety Board was unable to investigate 22 accidents, including fatal crashes, during the 35-day partial shutdown of the federal government, the agency said Monday.

  • January 28, 2019

    Flushable Wipes Suit Against Retail Giants Gets Flushed

    A New York federal judge on Monday flushed a proposed class action claiming major nationwide retailers sell falsely labeled "flushable wipes" that actually damage sewer pipes, saying the plaintiff can't assert standing based on a one-time clog.

  • January 28, 2019

    'Embarrassing' Purdue Info To Come Out In Mass. Opioid Suit

    More allegations in the Massachusetts attorney general’s lawsuit against Purdue Pharma LP and its top brass over its responsibility for the opioid crisis, including some potentially “embarrassing” details about the inner workings of the company, will soon be made public after a Superior Court judge lifted an impoundment on the information Monday afternoon.

  • January 28, 2019

    Porn Actors' HIV Suits Excluded From Insurance: 9th Circ.

    A Ninth Circuit appeals panel on Friday upheld a lower court's ruling that a state-backed California insurer doesn't have to defend pornography studios in suits brought by actors who say they contracted HIV on the set because the underlying claims are subject to policy exclusions.

Expert Analysis

  • Potential Impact Of New FDA Nutrition Label Requirements

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    Food companies are required to comply with updates to the U.S. Food and Drug Administration's Nutrition Facts labeling requirements by 2020. Lawrence Reichman and Cassie Roberts of Perkins Coie LLP review the changes and discuss possible effects on consumers and manufacturers.

  • Drug Design Defect Litigation Faces Its Demise

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    A notable authority on tort law recently concluded that design defect claims involving prescription drugs approved by the U.S. Food and Drug Administration are preempted no matter how plaintiffs package them. But we should shed no tears over the demise of design-based litigation, says James Beck of Reed Smith LLP.

  • Property And Casualty Insurers Face A Genomics Revolution

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    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

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    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

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    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

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    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • Climate Change Lawsuits Face Crucial Hurdles

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    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • E-Scooters May Present New Challenges For Employers

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    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.

  • Dissent In Sikkelee Ruling Offers Preemption Road Map

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    As the dissenting judge pointed out, the Third Circuit majority's recent opinion in Sikkelee v. Precision Airmotive Corp. — restricting the impossibility preemption defense for federally regulated manufacturers — seemed to be more focused on perceived public policy considerations than strict adherence to case law, says Jonathan Skowron of Schnader Harrison Segal & Lewis LLP.

  • And Now A Word From The Panel: It's Not Just MDLs

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    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.