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Product Liability

  • September 17, 2018

    Trader Joe's Settles Underfilled Tuna Can Suit For $1.3M

    Trader Joe's has agreed to settle for $1.3 million a proposed class action in California federal court from customers claiming the retailer underfilled 5-ounce tuna cans.

  • September 17, 2018

    Sport Supplement Co., Consumers Settle Deceptive Label Suit

    Dietary supplement manufacturer PhD Fitness LLC and a putative class of consumers have told a South Carolina federal court they've agreed to end a suit accusing the company of deceptively labeling its sport supplements.

  • September 17, 2018

    Nissan Can't Arbitrate Claims In Defective Sunroof Suit

    A California federal judge on Friday denied Nissan North America Inc.'s attempt to compel arbitration for a consumer in a potential class action accusing the carmaker of selling vehicles with defective sunroofs, finding that Nissan is not a third party to an arbitration agreement the customer signed with the dealership.

  • September 17, 2018

    J&J Hit With Another Suit Over Alleged Talc-Related Death

    The husband of a woman who died of ovarian cancer in 2015 is suing Johnson & Johnson and a talc supplier, claiming the companies have known for decades about talc’s links to cancer but still sold and promoted products containing the substance as safe to use.

  • September 14, 2018

    Attys Scrap Over $9M Fee Lot In Revised Pella Class Deal

    Attorneys representing current and former participants in a class action accusing Pella Corp. of selling leaky windows urged an Illinois federal judge Friday to approve their respective bids for a cut of $9 million in fees for work they put into reaching a nearly $26 million deal in the suit, which has been pending in Illinois federal court for about 12 years.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    Tribe Says Enbridge Pipeline Plan Would Skirt Enviro Review

    The Bay Mills Indian Community urged the federal government on Thursday to cancel a proposal to allow Enbridge Energy LP to perform construction work on an oil pipeline in the Great Lakes, saying the government's approval of the plan would help the company avoid a required environmental review.

  • September 14, 2018

    Justices Told FDA's 'Smoking Gun' Sinks Fosamax MDL

    Merck Sharp & Dohme Corp. has told the U.S. Supreme Court that “smoking gun” evidence from the U.S. Food and Drug Administration should sink a Third Circuit decision reviving multidistrict litigation over the company’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  • September 14, 2018

    McCarter & English Nabs Gibbons Product Liability Pro In NJ

    McCarter & English LLP has added former Gibbons PC litigator Natalie Mantell as a partner in its Newark, New Jersey office, where she’ll draw on her defense work in cases over pharmaceutical products and medical devices as a member of the firm’s product liability practice.

  • September 14, 2018

    Too-Boozy Kombucha Battle Has Gone Flat, Judge Says

    A California federal judge has granted kombucha brewer Better Booch LLC and its distributors temporary relief from a rival's lawsuit accusing them of lying about the amount of alcohol and sugar in their fermented drinks, saying that although the claims were filed too late and are too imprecise, they can be amended.

  • September 14, 2018

    Coupons A Sticking Point In Denial Of Fitbit Class Deal

    A California federal judge shot down a deal Thursday that would have resolved class claims that customers paid extra for Fitbit Inc. devices with a sleep-tracking function that doesn’t work as advertised, taking issues with, among other things, the use of Fitbit coupons as part of the settlement.

  • September 14, 2018

    DOJ Warns Against Fraud In Kaiser Asbestos Trust Plan

    The Department of Justice has filed a statement of interest in the asbestos-centric bankruptcy of Kaiser Gypsum Co., warning that it won't tolerate any continuation of the "fraud, abuse and mismanagement" that have plagued the asbestos trust system in recent years.

  • September 14, 2018

    Power Bar Maker To Settle Protein Shake Suit For $9M

    The maker of Power Bar and other health and workout foods has agreed to a $9 million settlement to end a proposed class action in New York federal court accusing the company of misleading customers about the protein content of its ready-to-drink shakes.

  • September 14, 2018

    Weitz & Luxenberg Can't Toss Woman's $25M Fraud Suit

    A Manhattan federal judge refused Friday to toss a $25 million fraud suit targeting Weitz & Luxenberg brought by a woman who says the plaintiffs firm took on her 20-year-old breast implant injury case against Bristol-Myers Squibb but allowed it to be dismissed without telling her.

  • September 14, 2018

    ‘Sport’ Headphones Can’t Go The Distance, Suit Says

    A Santa Cruz-based electronics company has been sued in California federal court by a customer claiming the company’s headphones are not waterproof as advertised and have defective batteries prone to failure in less than a year.

  • September 14, 2018

    Anadarko's $100M Coverage Showdown Rattles Energy Cos.

    Oil and gas companies will be watching intently as Anadarko Petroleum Corp. heads to the Texas Supreme Court on Monday to challenge a ruling that insurance doesn't cover its $100 million defense bill in Deepwater Horizon litigation, in a case that energy industry groups have decried as an egregious example of insurers using courts to rewrite their policies.

  • September 13, 2018

    J&J Must Pay $29M For Selling Talc With Asbestos, Jury Told

    Johnson & Johnson and its talc supplier should pay $29.2 million plus punitive damages for knowingly selling talcum powder contaminated with asbestos, counsel for a woman with mesothelioma told a California jury during Thursday closing arguments, while J&J countered the woman’s case was based on “data conjured” by paid experts, not actual science.

  • September 13, 2018

    Insurer On Hook For $3M Cleanup Of Laundromat Suds Spills

    Ace Property and Casualty Insurance Co. must cover $3 million that a defunct laundromat owes a real estate holding company for polluting a site straddling the Massachusetts-New Hampshire border with dry-cleaning chemicals, a Massachusetts federal judge ruled Thursday.

  • September 13, 2018

    Firm Behind $289M Win Stays In Roundup MDL Despite Snafu

    The firm that recently won a $289 million state court verdict for a man who said Monsanto’s Roundup caused his cancer can participate in multidistrict litigation over the weedkiller, a California federal judge said Thursday, reversing his prior decision that the firm couldn’t participate at trial after an attorney allegedly posted sealed documents online.

  • September 13, 2018

    Fiat Chrysler Must Face Driver's Gearshift Defect Suit

    A Michigan federal judge has denied Fiat Chrysler Automobiles’ attempt to dismiss an individual suit within multidistrict litigation alleging the automaker manufactured cars with faulty gearshifts that resulted in a parked car rolling over a woman's leg, saying the motorist had a valid reason for filing her suit late.

Expert Analysis

  • Report Highlights Challenges Of Partial Vehicle Automation

    Laura Foggan

    A recent report from the Insurance Institute for Highway Safety, reviewing advances in vehicle automation technology, notes the difficult questions that may arise when assigning responsibility in an accident involving both a human driver and a vehicle equipped with automated driving technology, say attorneys with Crowell & Moring LLP.

  • The EPA Isn’t Putting Asbestos Back Into Buildings

    Andrew Knudsen

    This summer, the U.S. Environmental Protection Agency sparked public outrage with its proposed "significant new use" rule addressing certain commercial uses of asbestos. But the EPA’s proposed action would actually impose substantial new prohibitions on the listed uses of asbestos — which currently are not regulated by the EPA at all, says Andrew Knudsen of Hunton Andrews Kurth LLP.

  • 3 Risk Management Options For Autonomous Vehicle Makers

    Patrick Reilly

    While there are no precedential court decisions involving an autonomous vehicle accident yet, it's only a matter of time. In-house counsel should consider a range of legal, professional and technological measures to avoid or mitigate the litigation risks, say attorneys with Faegre Baker Daniels LLP.

  • A New Approach To Industry Custom Evidence In California

    Alan Lazarus

    In its ruling last week in Kim v. Toyota Motor Corp., the California Supreme Court broke with decades of precedent and allowed a manufacturer to use evidence of compliance with industry practice to show a design was not defective. This is a surprising but welcome statement of flexibility and realism in product liability cases, says Alan Lazarus of Drinker Biddle & Reath LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.