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Product Liability

  • July 16, 2018

    GE Beats Welder's Suit Over Radiation Exposure At Plants

    General Electric Co. had no responsibility to protect a welder who worked at nuclear power plants from dangerous levels of radiation because the federal regulations that set an exposure limit only apply to the licensees of the plants, an Illinois federal judge said in dismissing the welder’s suit.

  • July 16, 2018

    Pioneering Judges Keep A Closer Eye On Class Action Deals

    In a nascent trend that could impact a range of class actions in the employment, securities, consumer protection and product liability spheres, some diligent judges are beginning to track settlements after granting final approval — adding a so-called third phase of review to ensure class members get the relief they are due.

  • July 16, 2018

    Toyota, Kobe Steel Want Out Of Subpar Metal Parts Suit

    Toyota Motor Corp. and Kobe Steel Ltd. separately asked a California federal judge on Friday to dismiss claims that Kobe misrepresented the quality of steel, aluminum and copper products used in Toyota vehicles, saying there is no evidence the possible presence of subpar metals makes the vehicles defective.

  • July 16, 2018

    Tainted Jalapeno Powder Caused $19M Recall, Food Co. Says

    An Illinois-based natural food ingredient sourcer slapped China-based Shanghai Pecenp International Co. with a lawsuit, saying the company’s salmonella-contaminated jalapeno powder caused Frito-Lay to recall its products and lose $19.8 million.

  • July 16, 2018

    Kia Cleared Of Defective Steering, Air Bags Suit In Texas

    A Texas appeals court has affirmed a summary judgment clearing Kia and an air bag manufacturer of negligence claims, ruling a Texas woman didn’t give evidence to prove defects in her Kia Sorento or its air bags were responsible for injuries she sustained in a car accident.

  • July 13, 2018

    EPA 'Amazingly Wrong' On Roundup Cancer Risk, Jury Hears

    The U.S. Environmental Protection Agency was “amazingly wrong” when it found that glyphosate, the active ingredient in Monsanto's Roundup weed killer, was not a likely carcinogen, a former National Institutes of Health scientist told a California jury Friday during a landmark trial over claims the herbicide caused a retired groundskeeper's lymphoma.

  • July 13, 2018

    Bard Prevails In 3rd Bellwether Case Over Late Filing

    An Arizona federal judge on Thursday canceled the third bellwether trial of claims that C.R. Bard Inc. sold hazardously defective blood vessel filters and granted Bard summary judgment, saying the statute of limitations had expired on the claims.

  • July 13, 2018

    Enviros Seek Quick Win In Suit Over Enbridge Spill Plan OK

    The National Wildlife Federation on Thursday continued to urge a Michigan federal judge to hand it a quick win on its claims that the U.S. Department of Transportation unlawfully approved Enbridge Energy’s oil spill response plans for a Wisconsin-to-Ontario pipeline without properly reviewing whether those plans squared with federal environmental statutes.

  • July 13, 2018

    Firm Fights DQ In Cigarette Cases Before Fla. High Court

    A Florida law firm urged the state’s Supreme Court on Thursday to overturn its disqualification from a lawsuit against cigarette companies for hiring a lawyer who had done work for Philip Morris, arguing that the decision could leave more than 100 clients without their preferred counsel.

  • July 13, 2018

    CrossFit Foe Fights Insurer's Escape Bid In False Ad Suit

    The National Strength and Conditioning Association has hit back against a suit by its insurer that seeks to dodge coverage for an underlying false advertising suit brought by CrossFit Inc., calling National Casualty Co.’s suit a “shocking breach of duty” and asking that it be tossed.

  • July 13, 2018

    Texas Justices Turn Away Firm's Bid To Nix Atty Bribery Claim

    The Texas Supreme Court on Friday denied a bid from a law firm to overturn a lower court's ruling allowing an attorney who alleged the firm had bribed witnesses to lie in a trial over $1.6 million in fees to try to reopen the dispute with the firm.

  • July 13, 2018

    Cops Sue Ford Over Carbon Monoxide Leaks In SUVs

    Two New York police officers accused Ford Motor Co. on Thursday of selling Explorer vehicles modified for law enforcement use that expose occupants to lethal levels of carbon monoxide, telling a New York federal judge the automotive giant hasn’t done enough to curb the defect.

  • July 13, 2018

    Failure-To-Warn Suit Against St. Jude Not Preempted

    A Pennsylvania federal judge on Thursday refused to toss a woman’s negligence suit against St. Jude Medical Inc. over the medical device company’s alleged failure to notify doctors about a faulty part used in her implantable defibrillator, ruling that her claims are not preempted.

  • July 13, 2018

    Firm Wants Mesh MDL Fee Committee To Explain Hour Cuts

    Personal injury firm Kline & Specter PC pressed Thursday for a West Virginia federal court overseeing sprawling pelvic mesh multidistrict litigation to force a plaintiffs’ fee committee to turn over documents showing why it slashed the firm’s claimed common benefit hours.

  • July 13, 2018

    NHL Players Denied Class Certification In Concussion MDL

    A Minnesota federal judge on Friday declined to certify a class of thousands of former and current NHL players who claim the league hid the harmful effects of head trauma, saying medical monitoring laws vary too widely by state and would be too hard to handle in one class.

  • July 13, 2018

    Ford Can’t Escape Bulk Of Revived Mustang Defect Suit

    A Florida federal judge dismissed seven of 59 claims brought by a proposed class of drivers accusing Ford Motor Co. of misrepresenting that a type of Mustang was suitable for the racetrack, largely because plaintiffs in certain states didn’t buy their vehicles from the automaker directly.

  • July 13, 2018

    Kellogg's Honey Smacks Recall Hasn't Stopped Sales: FDA

    Kellogg's Honey Smacks cereal is still being sold even though the product was voluntary recalled last month after it was tied to a multistate salmonella outbreak that has impacted 100 people, the U.S. Food and Drug Administration said Thursday.

  • July 13, 2018

    McDonald's Pulls Salads After Lettuce Linked To Illness

    McDonald’s announced Friday it will stop selling salads at thousands of its locations across the Midwest, after public health officials in Iowa and Illinois linked an outbreak of cyclospora infections to contaminated lettuce in the fast-food chain’s salads.

  • July 12, 2018

    Tobacco Cos. Aim To Duck Punitive Damages In Death Case

    R.J. Reynolds and Philip Morris asked a Florida jury on Thursday not to add punitive damages to the $2.1 million it awarded a fortnight ago over the death of a longtime smoker who worked at a Miami-area hospital in the early 1990s when smoking was still allowed inside.

  • July 12, 2018

    Monsanto's Roundup Tied To Cancer, Ex-NIH Official Testifies

    The former director of the National Institutes of Health's environmental wing explained to a California jury Thursday how he advised the World Health Organization when it decided the active ingredient in Monsanto's lead weed killer was "probably carcinogenic to humans," during a first-of-its kind trial over claims the herbicide caused a retired groundskeeper's lymphoma.

Expert Analysis

  • Managing The Risks Of Emerging Construction Technologies

    Gary Brown

    As buildings incorporate increasingly advanced features, the risks associated with technology failures — and resulting defect claims against those involved in the buildings' design and construction — become greater. Owners and contractors presenting these technologies to end users should explore nontraditional approaches in contracts and insurance to better mitigate these risks, says Gary Brown of Saul Ewing Arnstein & Lehr LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • The Lipitor MDL Court Did Its Job Correctly

    Eric Alexander

    Last month, the Fourth Circuit announced that it would not revive the the Lipitor multidistrict litigation. The court's decision was a welcome affirmation that, in excluding the plaintiffs' expert witnesses and weak testimony on causation, the MDL court had done exactly what it was supposed to, says Eric Alexander of Reed Smith LLP.

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Some Good Prop 65 News For Businesses

    Robert Falk

    It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcomed by businesses, but a dizzying flurry of recent developments may prove an exception, say attorneys with Morrison & Foerster LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • What High Court Review Of Fosamax Means For Preemption

    Max Kennerly

    With the U.S. Supreme Court's grant of certiorari in Fosamax, drug companies may be hoping the court throws out the preemption precedent established by Wyeth v. Levine. But unless multiple justices reverse course and adopt positions contrary to their prior opinions, there simply is no path to victory for drug companies, says Max Kennerly of Kennerly Loutey LLC.