Product Liability

  • August 17, 2017

    Ground Rules Set For Amtrak Cleanup Coverage Battle In NY

    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.

  • August 17, 2017

    Takata Ch. 11 May Give Automakers Lasting Liability Shield

    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.

  • August 17, 2017

    Jones Walker Adds Enviro Lawyers From Curry & Friend

    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.

  • August 17, 2017

    Fitbit Says Uber’s 2nd Circ. Win Impacts Fitness Tracker Row

    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.”

  • August 17, 2017

    Hillshire Owes $13M To Calif. Family Over Asbestos Death

    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.

  • August 17, 2017

    Argentina Agrees To Allow Importation Of US Pork

    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.

  • August 17, 2017

    Opioid Distributors Facing 10 New Suits In Ala., Ohio

    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. 

  • August 17, 2017

    GM Accused Of Sabotaging $15M Deal With Consumers

    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.

  • August 17, 2017

    Replacement Galaxy Note 4 Batteries Recalled For Fire Risk

    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.

  • August 17, 2017

    Pipeline Co. Fights Order To Get Off Okla. Tribal Lands

    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.

  • August 17, 2017

    J&J Asks 2nd Circ. To Nix Cert. In 'Natural' Baby Wash Row

    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.

  • August 17, 2017

    Pa. Environmental Regulators To Weigh Limits On Carcinogen

    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.

  • August 16, 2017

    J&J, Woman Spar Over Science At Cancer Trial's Close

    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.

  • August 16, 2017

    TV Producer Sues Over Injuries In 'Punkin Chunkin' Mishap

    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.

  • August 16, 2017

    Poland Spring Called ‘Colossal Fraud’ In Suit Against Nestle

    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.

  • August 16, 2017

    Fla. Appeals Court Affirms Judgment In $28.9M Smoking Suit

    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.

  • August 16, 2017

    Safety Groups Sue Over Late Seat Belt Standard

    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.

  • August 16, 2017

    10th Circ. Ruling Backs Tribal Court In Opioid Suit: Cherokees

    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.

  • August 16, 2017

    NYC Can't Enforce Menu Labeling Law, FDA Tells Court

    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.

  • August 16, 2017

    Ill. Judge Tosses Quaker Oats 'Natural' Ad Row

    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.

Expert Analysis

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    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.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    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.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    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.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    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.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    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.

  • The Great Class Action Ascertainability Debate

    Amanda Lawrence

    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.

  • EPA Report Offers Glimpse Into Future Of Superfund

    Darrin Munoz

    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.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    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.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    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.

  • Calif. Could See Increase In Drinking Water Litigation

    André Picciurro

    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.