A New York federal judge on Thursday laid ground rules for how a jury should determine whether Amtrak is entitled to coverage from scores of insurance companies for environmental cleanup costs and held that, if multiple policies are triggered, the insurers must spread coverage proportionally on a pro rata basis.
The Delaware bankruptcy court's decision to freeze much of the litigation surrounding Takata's defective air-bag inflators takes automakers off the hook for liability for only a short 90 days, but experts say a move that absolves the carmakers permanently could be a real possibility if certain chips fall into place.
Jones Walker LLP has beefed up its environmental litigation practice in Louisiana with the addition of two attorneys from the New Orleans firm Curry & Friend PLC.
Fitbit told a California federal judge Thursday that a Second Circuit ruling in favor of Uber concerning its ability to arbitrate consumer claims is relevant to its own bid to compel arbitration in a lawsuit by users of the fitness trackers claiming the devices are “wildly inaccurate.”
Tyson Foods Inc. unit Hillshire Brands Co. was slapped with a $13 million verdict on Wednesday after a California federal jury found the company had negligently allowed a resident of a company town to be exposed to asbestos for years, eventually leading to his death.
Following 25 years of negotiations, the White House announced Thursday that Argentina will begin importing U.S. pork as part of an agreement brokered by Vice President Mike Pence among others, granting American pork producers access to a potential $10-million-per-year market.
Ten counties and cities in Alabama and Ohio have sued AmerisourceBergen Drug Corp., Cardinal Health Inc. and McKesson Corp. in federal court since late July for their alleged role in fueling the opioid crisis, with each suit claiming that the wholesale distributors failed to report suspicious orders.
General Motors Co. has been accused of secretly scheming to “callously” undermine a potential $15 million settlement between its bankruptcy trust and thousands of consumers, including those involved in the ongoing ignition switch multidistrict litigation, according to a letter filed in New York federal bankruptcy court Wednesday.
The U.S. Consumer Product Safety Commission on Wednesday announced a recall of refurbished batteries that were issued as replacements for refurbished Samsung Galaxy Note 4 cellphones, saying that some have turned out to be counterfeit and are likely to overheat.
Enable Midstream Partners LP again urged an Oklahoma federal judge on Wednesday to lift an order to remove a natural gas pipeline from the property of a group of tribal landowners, saying the landowners haven’t given a persuasive reason why the company’s request shouldn’t be granted.
Johnson & Johnson Consumer Cos. Inc. urged the Second Circuit on Wednesday to decertify a class of consumers who bought Aveeno baby washes allegedly mislabeled as “natural,” saying the woman who filed the suit can’t represent class members beyond her own state.
In the wake of lawsuits from Philadelphia-area residents over alleged water contamination from nearby military facilities, Pennsylvania environmental regulators agreed on Wednesday to study whether to cap the amount of a certain cancer-causing chemical in drinking water supplies.
A woman alleging Johnson & Johnson’s talcum powder products caused her terminal ovarian cancer attacked the company’s credibility during Wednesday's closing arguments in the California trial, and J&J fired back that its opponent was misinterpreting scientific studies in her bid to win the case.
A television producer who was critically injured after she was struck by a metal plate from a malfunctioning pumpkin-shooting cannon at a “Punkin Chunkin” event last year sued her employer Discovery Communications Inc., the cannon’s maker, the event organizer, the farm where the event took place, and the state of Delaware on Wednesday in Delaware federal court.
Nestle was hit with a proposed class action Tuesday claiming that none of its Poland Spring bottled water meets the federal definition of spring water, that the actual spring ran dry decades ago, and that several of the brand’s wells are downhill from an area where a resort previously dumped its guests’ excrement.
A Florida appeals court on Wednesday affirmed a $28.9 million final judgment in a lawsuit brought by the family of a lawyer who died of lung cancer against R.J. Reynolds Tobacco Co. and Philip Morris USA Inc., finding the lower court hadn’t improperly eliminated two prospective jurors.
Two auto safety groups on Wednesday hit the U.S. Department of Transportation with a suit claiming it hit the brakes on putting into place a rule requiring that a warning go off if a passenger in the back seat isn’t buckled up.
Cherokee Nation Attorney General Todd Hembree told an Oklahoma federal court Wednesday that a recent Tenth Circuit ruling offers a "new and alternative basis" for the tribe's claim its own courts should hear the tribe's suit against CVS, Walgreens, McKesson and other companies over the tribe's opioid crisis.
New York City can’t start enforcing its rule requiring calorie information to be displayed on restaurant menus this month because it has to mirror the federal government’s plan to begin enforcing an identical rule in May, the U.S. Food and Drug Administration told a New York federal court on Tuesday.
An Illinois federal judge axed a proposed class action alleging that Quaker Oats Co.’s use of “100% Natural” claims on its oatmeal is misleading since it doesn’t disclose the presence of an herbicide, finding that the consumers couldn’t challenge the labeling under state law.
Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.
Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.
As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.
In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.
For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.
In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. Amanda Lawrence and Michael Rome of Buckley Sandler LLP discuss the circuit split over whether and to what extent ascertainability is required, and implications of the circuit split for class action litigants.
Some of the recommendations in a report recently released by the U.S. Environmental Protection Agency represent a significant change of direction from the way the EPA has traditionally handled the Superfund program. These changes will be helpful for EPA Administrator Scott Pruitt’s goal of moving sites to completion faster than they have in the past, say Darrin Munoz and Delmar Ehrich of Faegre Baker Daniels.
During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.
As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.
California recently adopted a regulation setting the country’s strictest permissible level in drinking water for a chemical compound called 1,2,3-Trichloropropane, or TCP. The adoption of this regulation in the midst of the Flint, Michigan, water crisis and growing public distrust about the safety of drinking water will likely usher in a wave of media attention and potential litigation, say attorneys with Gordon & Rees LLP.