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Product Liability

  • May 24, 2018

    Chevron Escapes $9.5B Ecuadorean Award Bid In Canada

    Ontario's top court on Wednesday upheld a lower court ruling that Ecuadorean citizens can't enforce an Ecuadorean court’s $9.5 billion oil pollution judgment against Chevron Corp. through its Canadian subsidiary, saying it's a separate corporate entity whose assets can't be seized to satisfy a judgment against the parent company.

  • May 24, 2018

    Netgear's Wi-Fi Extenders Don't Work As Touted, Suit Says

    Netgear Inc.'s wireless internet range extenders don't increase a Wi-Fi network's area by 200 percent as the company "prominently advertises" and instead barely deliver half that result, according to a proposed class action filed in Illinois federal court Wednesday.

  • May 24, 2018

    NTSB Says Uber Self-Driving Car Didn't Recognize Pedestrian

    The Uber Technologies Inc. self-driving car that fatally struck a woman in Arizona in March failed to identify her as a pedestrian and was not set up for emergency braking, according to a report released Thursday by the National Transportation Safety Board.

  • May 24, 2018

    Jury Hits J&J With $4M Punitives In Talc Cancer Trial

    A California jury found Thursday that Johnson & Johnson should pay $4 million in punitive damages a day after finding that asbestos in its talc baby powder was responsible for a woman's mesothelioma and awarding the woman $21.7 million in compensatory damages.

  • May 23, 2018

    J&J Hit With $21.7M Talc Asbestos Cancer Verdict In Calif.

    A California jury on Wednesday hit Johnson & Johnson with $21.7 million in compensatory damages in a trial over its talc baby powder's alleged connection with asbestos cancer, the plaintiff’s attorneys told Law360.

  • May 23, 2018

    SG Urges High Court To Take Up Merck's Fosamax Appeal

    The U.S. solicitor general told the Supreme Court on Tuesday that it should hear Merck’s appeal of a Third Circuit decision that revived multidistrict litigation over Merck Sharp & Dohme Corp.'s alleged failure to warn about hip fracture risks from its osteoporosis drug Fosamax.

  • May 23, 2018

    Uber Removes Self-Driving Cars From Arizona After Crash

    Uber Technologies Inc. will stop operating self-driving cars in Arizona following a fatal accident in Tempe, but will focus on its driverless testing in California and Pennsylvania, the ride-sharing giant said Wednesday.

  • May 23, 2018

    NY Doc Convicted For Distributing Opioids That Killed 2

    After five weeks of trial, a federal jury on Wednesday convicted a Long Island, New York, doctor of causing the overdose deaths of two patients by illegally distributing the opioid oxycodone, leaving him to face a mandatory minimum sentence of 20 years in prison plus a $10 million fine.

  • May 23, 2018

    J&J Talc Supplier Challenges Evidence In $117M Verdicts

    Attorneys sparred Wednesday in New Jersey state court over a defense bid to toss verdicts totaling $117 million in damages against Johnson & Johnson and its talc supplier, Imerys Talc America Inc., on the grounds that a man’s decades-long exposure to the pharmaceutical giant’s asbestos-containing talcum powder contributed to his mesothelioma.

  • May 23, 2018

    $20M Verdict Holds Software Co. Liable For Botched Project

    A software consulting firm committed professional negligence to the tune of more than $20 million when it botched a project for the online vehicle auction business Copart Inc., a California federal jury concluded in what Copart attorneys believe was the first such finding against a software implementation company.

  • May 23, 2018

    'Dieselgate' Stalled Sales, VW Salespeople Say In Class Action

    News that Volkswagen rigged U.S. diesel emissions tests — a scandal sometimes referred to as “Dieselgate” — has harmed the “hardworking men and women who make their livelihood selling vehicles in the Volkswagen brand” and led to reduced sales, according to a consolidated class action filed in California federal court on Tuesday.

  • May 23, 2018

    Ex-NFLer Dodges Arbitration Over $500K Settlement Advance

    A Pennsylvania federal judge shut down an attempt by a third-party claims funder to initiate arbitration proceedings against a former NFL player who is expected to collect $3.5 million from a settlement in multidistrict litigation over brain injuries, ruling that the settlement agreement voided all third-party funding agreements.

  • May 23, 2018

    FDA Wants Risky OTC Teething Treatments Pulled Off Market

    The U.S. Food and Drug Administration on Wednesday said it told companies that sell certain over-the-counter infant teething products to take their treatments off the market or else face penalties, as an ingredient in those products can cause a life-threatening blood disorder in children and infants.

  • May 23, 2018

    Big Oil, Calif. Cities Set To Clash Over Climate Change

    Climate change will be front and center Thursday morning in U.S. District Judge William H. Alsup's San Francisco courtroom as Big Oil squares off with Oakland and San Francisco over the future of the cities' suits seeking to hold oil giants liable for climate change-related infrastructure damage. Here's a rundown of the hearing's key players as well as key issues to watch.

  • May 23, 2018

    Drone Test Sites Give States Expanded Regulatory Role

    The U.S. Department of Transportation’s decision to grant 10 state- and local-backed projects special licenses to test different ways of flying unmanned aircraft systems in collaboration with private-sector partners gives those governments a larger-than-expected role in shaping the federal regulatory framework for drones, industry observers say.

  • May 23, 2018

    'Queen Of Toxic Torts' Leaves Quinn Emanuel For Dechert

    Quinn Emanuel Urquhart & Sullivan LLP on Tuesday said Sheila Birnbaum, a product liability defense attorney nicknamed the “Queen of Toxic Torts,” is leaving the firm to join Dechert LLP’s New York office, along with fellow partners Mark Cheffo and Douglas E. Fleming.

  • May 23, 2018

    5 Key Rules In The ALI's Liability Insurance Guidelines

    The American Law Institute's vote Tuesday approving the final draft of its liability insurance rules gives courts a raft of guidance on how to decide a host of critical issues, including when policies are triggered and how coverage should be divvied up for claims spanning multiple years and policies. Here, Law360 looks at the Restatement's guidelines on five commonly litigated insurance issues. 

  • May 23, 2018

    Landowners Fight Kinder Morgan DQ Bid In Pollution Suit

    A group of landowners on Tuesday asked an Oklahoma federal judge to deny Kinder Morgan Inc.’s motion to disqualify Durbin Larimore & Bialick, the firm representing them in a lawsuit alleging injury and damages from historical refinery pollution, saying the company’s just trying to derail the case.

  • May 23, 2018

    Del. Construction Co. Ducks Care Facility Build Defect Suit

    A Delaware Superior Court judge on Tuesday freed a construction firm from allegations that a specialty care group home built by the company contained numerous defects, saying the owner of the facility brought its claims more than three years too late.

  • May 23, 2018

    Drivers Amend Autobahn Parts Suit To Facilitate $1.6M Deal

    A group of drivers amended their claims in California federal court Tuesday against auto dealer Autobahn Inc. to help effectuate a proposed settlement that would provide the drivers with $1.6 million in vouchers for dropping claims the company misled them into believing it used genuine Mercedes parts to repair their vehicles.

Expert Analysis

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Keys To FDA Advisory Panel Prep For Device Makers

    How Device Cos. Should Prep For FDA Advisory Panels

    Receiving U.S. Food and Drug Administration approval is critical for any medical device company looking to bring new products to market. Only a handful of premarket approval applications and de novo reclassifications brave the advisory panel process each year. Gerry Prud’homme and Kristin Zielinski Duggan of Hogan Lovells offer six key points for companies preparing for an advisory panel meeting.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • FDA's Hand Can't Be Forced On 'Natural' Tobacco Labeling

    Robert Claiborne

    A federal court in Florida last month dismissed a case challenging the U.S. Food and Drug Administration’s allowance of the word “natural” in the product packaging and labeling of Natural American Spirit cigarettes. The plaintiff in this case was attempting to use the courts to force regulatory action against another party not before the court, say Robert Claiborne Jr. and Bryan Haynes of Troutman Sanders LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Food Contamination: When Responsible Parties Are Identified

    Eldon Edson

    Following outbreaks of foodborne illnesses, such as the recent E. coli case attributed to romaine lettuce, public agencies investigate to control further exposure and prevent similar incidents in the future. However, once identified, members of the overall chain of supply are all potential defendants in lawsuits likely to be brought by those affected by the outbreak, says Eldon Edson of Selman Breitman LLP.