Product Liability

  • February 16, 2018

    Tribal Casino Operator Seeks OK Of $3.7M Arbitral Award

    The tribal operator of Harrah’s Cherokee Casino and Hotel has asked a North Carolina federal court to confirm a $3.7 million arbitration award against a concrete subcontractor for the collapse of a portion of a parking garage that caused a personal injury and a shutdown of the garage, saying the award has been paid in full.

  • February 16, 2018

    US Steel Can't Duck Suit Over Man's Cancer

    A Pennsylvania federal court has declined to dismiss claims by a man with cancer against United States Steel Corp. over allegations that the company knowingly supplied machine lubricant ingredients that contained a cancer-causing compound, despite being aware of the risks.

  • February 16, 2018

    Nissan Trims Suit Over Defective Sunroof Class Action

    Nissan has succeeded in trimming some breach of warranty and unfair trade practices claims from a proposed class action in California federal court alleging its panoramic sunroofs are prone to “explosively” shatter as a result of defects in the glass.

  • February 16, 2018

    Intel Says Chip Security Flaws Led To 30+ Suits Against It

    Intel said on Friday in a regulatory filing that it is facing more than 30 lawsuits, including proposed consumer and securities class actions, over the discovery in 2017 that security flaws, dubbed Spectre and Meltdown, make virtually every computer chip vulnerable to hacking.

  • February 16, 2018

    Honda Sued By Insurer Over Damage From Odyssey Fire

    Metropolitan Property and Casualty Insurance Co. has sued American Honda Motor Co. in New Jersey state court over a policyholder's car and house damage after a Honda Odyssey minivan allegedly burst into flames.

  • February 16, 2018

    ConAgra Undermining MDL By Concealing Suit, 1st Circ. Told

    A class of consumers in multidistrict litigation accusing ConAgra of misrepresenting its Wesson oils as all-natural has urged the First Circuit to require the company to notify the Judicial Panel on Multidistrict Litigation of a potential tag-along suit, arguing its failure to do so “undermined the entire purpose of the MDL process.”

  • February 15, 2018

    Amazon To Pay EPA $1.2M For Illegal Pesticide Sales

    The U.S. Environmental Protection Agency on Thursday announced that Amazon Services LLC will pay a $1,215,700 penalty to settle allegations it facilitated the distribution of imported pesticide products by third-party vendors that were not licensed for sale in the United States.

  • February 15, 2018

    Insurers Cleared To Subpoena Asbestos Claim Info In Ch. 11

    A New York bankruptcy judge has told Rapid-American Corp. it can’t stop the trio of insurance companies it claims failed to cover it from asbestos claims from subpoenaing the company’s claims handlers.

  • February 15, 2018

    Calif. Court Revives Insurance Row Over Bingo Device Fire

    A California appeals court found Wednesday that a lower court wrongly dismissed a bingo device supplier’s suit against its insurer stemming from a London fire started by a battery in a device, saying there is a potential for coverage in the future.

  • February 15, 2018

    W.Va. Opioid Suit Against McKesson Sent Back To State Court

    The state of West Virginia on Thursday won its bid to send back to state court a suit accusing pharmaceutical company McKesson Corp. of oversupplying the state with millions of doses of opioids, the latest decision in a string of cases over the opioid crisis.

  • February 15, 2018

    Mass. City Sues 3M, Tyco Over Water Contaminated By Foam

    A western Massachusetts city hit 3M, Chemguard Inc. and Tyco Fire Products LP with a lawsuit in federal court Wednesday, claiming a fire suppression foam manufactured by the chemical companies contaminated soil and groundwater, shutting down city wells and potentially exposing residents to a higher risk of cancer and other diseases.

  • February 15, 2018

    House Panel Grills Amtrak, Railroads On Safety Tech Progress

    Amtrak and freight railroads faced pressure from House lawmakers Thursday to meet a year-end deadline to install federally mandated crash-avoidance technology on the heels of several deadly passenger train accidents.

  • February 15, 2018

    Cos. Denied Rehearing In $1B Lead Paint Cleanup Suit

    A California appeals court Wednesday rejected arguments by Sherwin-Williams Co. and other paint companies that a decision that trimmed a $1.15 billion lead contamination judgment didn't go far enough, saying there was ample evidence the companies had promoted the use of lead paint despite knowing the health dangers.

  • February 15, 2018

    Houston Homeowners Can't Revive Flood Negligence Suit

    Houston-area homeowners can’t revive their suit blaming the operator of a wastewater pumping facility for flooding to their homes, a Texas appellate court held Thursday, saying the homeowners hadn’t offered any facts that could demonstrate the operator negligently oversaw wastewater infrastructure in their neighborhood. 

  • February 15, 2018

    Takata Allowed To Discharge State Claims In Ch. 11

    The Delaware bankruptcy judge presiding over Takata’s bankruptcy ruled late Wednesday that potentially $1 billion in claims stemming from enforcement actions by Hawaii, New Mexico and the U.S. Virgin Islands can be discharged by a confirmed Chapter 11 plan, as the debtor meanwhile settled with 44 other states.

  • February 15, 2018

    Fiat Says Shares Were Unaffected By ‘Defeat Device’ Claims

    Fiat Chrysler has urged a New York federal court not to certify a class of investors accusing executives of falsely stating Chrysler vehicles didn’t contain “defeat devices” in an effort to inflate share prices, saying the alleged misrepresentations had no impact on the stock.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    Dead Smoker's Suit Against RJR Revived On Appeal

    A Florida appeals court on Wednesday revived a suit against R.J. Reynolds and Philip Morris, ruling that the trial court erred in dismissing the claims by a smoker who died during the litigation because of a delay in substitution of the estate's administrator as plaintiff.

  • February 14, 2018

    Ford Gets Claims Trimmed In Faulty Screen Class Action

    With a May trial ahead on class claims alleging Ford Motor Co. sold vehicles with faulty touch screens to over 500,000 drivers, a California federal judge on Wednesday pared class claims for two states, leaving eight state classes and others in the litigation.

  • February 14, 2018

    Feds Want 11-Year Sentence For Armored Truck Fraudster

    Federal prosecutors on Wednesday urged a Virginia federal judge to sentence the CEO of a now-defunct military contractor to more than 11 years in prison for providing faulty armored trucks under federal contracts, arguing the tough sentence is warranted since the fraud endangered lives of American soldiers.

Expert Analysis

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Power, Corruption And Lies: How Juries Are Responding

    Melissa Gomez

    The American public increasingly perceives that powerful people and institutions use their authority in selfish ways. And in the courtroom, jurors are homing in on where the power lies in a case story, and how that power is used. Those of us in litigation must heed the messages jurors are sending, says Melissa Gomez of MMG Jury Consulting LLC.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • A 'More Than Peanuts' Sentence Of Food Company Officials

    Robert Hibbert

    In U.S. v. Parnell, the Eleventh Circuit recently upheld the longest criminal sentences ever imposed in a food safety case. The court's opinion underlines the abiding significance of the criminal sanction within the food safety landscape, say Robert Hibbert and Hilary Lewis of Morgan Lewis & Bockius LLP.

  • Preemption In Pharmaceutical Cases: 2017 In Review

    Connor Sheehan

    2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. And the interplay and potential collision between state law duties and federal regulatory requirements raised in the cases decided last year will continue to evolve in 2018, says Connor Sheehan of Dunn Sheehan LLP.

  • Filter MDL Puts FDA Clearance Evidence Back On The Table

    James Beck

    U.S. Food and Drug Administration compliance evidence was for decades admissible evidence in product liability litigation, until rulings in pelvic mesh cases began to change the law. But last week, the judge in the Bard IVC Filters Products Liability Litigation held such evidence admissible, giving product liability defense counsel a clearly articulated and compelling argument, says James Beck of Reed Smith LLP.

  • A Lower Bar For Calif. Agencies In Hazardous Waste Cases

    Ria Rana

    If the California Court of Appeal's latest decision in City of Modesto v. The Dow Chemical Company continues to stand, it will have broad implications for chemical and equipment manufacturers and distributors who may find they are subjected to liability under the Polanco and Gatto Acts more frequently, say Ria Rana and John Parker of Goldberg Segalla.