Product Liability

  • September 18, 2017

    Navistar Fights Truck Buyers' Bid For Bellwether In MDL

    Truck and bus manufacturer Navistar Inc. on Friday blasted a request from truck buyers in multidistrict litigation alleging it knowingly sold vehicles with defective diesel engines to let Illinois claims go first, telling an Illinois federal judge that those claims aren’t representative of the others.

  • September 18, 2017

    Mott Fruit Snack False Labeling Suit Nears Checkout

    A California federal judge on Monday tentatively ruled to toss a putative class action accusing Motts Inc. of misleading consumers to believe that its fruit snacks are healthy products by putting pictures of fruit on labels, despite the fact they are actually made with purees, juices and concentrates.

  • September 18, 2017

    3rd Circ. Ends Suit Over UPenn Nuclear Researcher's Cancer

    The Third Circuit affirmed Monday the dismissal of a negligence suit alleging the University of Pennsylvania failed to protect a nuclear researcher from being exposed to radiation that purportedly caused him to get fatal brain cancer.

  • September 18, 2017

    Tribal Hospital Accused Of Negligence In Patient Death

    The estate of a woman who died at Fort Defiance Indian Hospital filed a wrongful death suit against the tribal medical center and several of its doctors and nurses in Arizona federal court, claiming the woman was not adequately protected from the fall that ultimately killed her.

  • September 18, 2017

    NCAA Concussion Class Blasts $6M Fee Request

    A class of student-athletes in multidistrict litigation against the NCAA over head injuries blasted a fee request from attorneys for the lead objector to their $75 million settlement on Friday, telling an Illinois federal court that the changes secured aren’t worth the $6 million the attorneys want.

  • September 18, 2017

    Dodge Owners Slam Sanctions Bid In Clutch Defect Suit

    A proposed class of Dodge Dart owners alleging clutch defects fired back at Fiat Chrysler’s bid to have them sanctioned, telling a California federal judge on Friday that the automaker’s request comes too late and that they didn’t allow key evidence to be discarded as junk.

  • September 18, 2017

    GM To Recall 2.5M Cars In China For Takata Air Bags

    General Motors and its Chinese joint venture, Shanghai GM, are recalling more than 2.5 million cars with faulty Takata air bags, shortly after Volkswagen also announced a recall of 4.86 million vehicles for the same issue, according to media reports Monday.

  • September 18, 2017

    What To Watch For In 2nd Meningitis Murder Case

    Prosecutors who came close to convicting a pharmacist of second-degree murder for his role in the 2012 meningitis outbreak may have an even stronger case against his top deputy when the second drug-contamination murder trial begins in Boston this week.

  • September 18, 2017

    Amazon Denies Liability For Lamp Sold Through Website

    Amazon.com Inc. on Friday asked a Maryland federal court to dismiss a suit from Erie Insurance Co. blaming a house fire on a lamp purchased through its site, saying it was no more liable for defective products than a mall owner would be.

  • September 18, 2017

    Ford Asks 9th Circ. Not To Revive Power Steering Suit

    Ford Motor Co. on Friday urged the Ninth Circuit not to revive a proposed class action over alleged power steering defects, saying recent U.S. Supreme Court precedent bars the consumers from letting Ford win the case in order to appeal the lower court’s class certification denial.

  • September 18, 2017

    Forest Labs Seeks Quick Win In Celexa, Lexapro MDL

    Forest Laboratories LLC urged a Massachusetts federal court Friday to dismiss claims in multidistrict litigation alleging the company fraudulently promoted antidepressants Celexa and Lexapro to treat pediatric depression, saying the parties haven’t established injury or causation under the Racketeer Influenced and Corrupt Organizations Act.

  • September 15, 2017

    US Blocked From Sharing VW Docs In German Case

    The federal government can’t share evidence from Volkswagen AG’s diesel emissions scandal with a German law firm helping the Department of Justice bring a securities case abroad, a California federal judge ruled Friday, finding that discovery rules in Germany are tougher than in the U.S.

  • September 15, 2017

    Fla. Court Upholds $12M Punitive Damages In Tobacco Case

    A Florida state appeals court upheld a $12.3 million punitive damages award Friday in a suit by a woman whose mother succumbed to smoking-related ailments, ruling that the cap on punitive damages passed by the Florida Legislature in 1999 does not apply to Engle progeny plaintiffs.

  • September 15, 2017

    Scotts Seeks Return Of Docs In Tainted Seed Suit

    Scotts Miracle-Gro Co. on Thursday asked a California federal judge to compel consumers in a class action over pesticide-laced bird seed to return several documents that were accidentally disclosed in discovery, saying they’re protected by attorney-client privilege.

  • September 15, 2017

    FDA, Groups Ink Deal To Pause Suit Over Menu Labeling Delay

    The U.S. Food and Drug Administration has struck a deal with two groups to freeze litigation over delayed menu labeling regulations until May 7, 2018, so long as the federal agency sticks to a timeline to implement the requirements at chain restaurants and other food service venues, according to a court filing Friday.

  • September 15, 2017

    Insurer Suit Over $2.8M Oil Spill Partly Revived At 1st Circ.

    The First Circuit partially revived Ironshore Specialty Insurance Co.'s dispute over a $2.8 million oil spill from a U.S. Navy ship, saying Friday that the lower court wrongly dismissed the insurer’s general admiralty and maritime claims against the government alongside the Oil Pollution Act claims.

  • September 15, 2017

    Jury Awards $750K To NJ Man Injured By Tainted Beer

    A New Jersey jury awarded a former police lieutenant $750,000 in damages Friday for the injuries he suffered after he drank a beer from an Atlantic City casino restaurant’s tap system that contained residual corrosive cleaning solution.

  • September 15, 2017

    Harvard Prof Slated As Fees Expert In NFL Concussion Case

    A Pennsylvania federal judge on Thursday appointed Harvard Law School professor William B. Rubenstein to address several questions surrounding attorneys’ fees payouts in the uncapped NFL concussion settlement, overruling concerns that his involvement may create a conflict of interest.

  • September 15, 2017

    2nd Circ. Axes J&J Win In Pfizer Advertising Feud

    The Second Circuit on Friday wiped out Johnson & Johnson’s victory over Pfizer Inc. in a dispute over Advil advertisements, finding that a district judge blocked the ads without justification.

  • September 15, 2017

    Marine Chain Co. Appeals Petrobras' $400M Suit To 5th Circ.

    A Spanish manufacturer on Thursday challenged a Texas federal judge's decision not to freeze a $400 million suit brought by Petrobras America Inc. and its insurers for arbitration, the third time an issue in the long-running case will be taken to the Fifth Circuit.

Expert Analysis

  • When Plaintiffs Sue Over Products They Did Not Purchase

    Francis Citera

    The Northern District of Illinois has recently allowed plaintiffs to allege standing for products they did not purchase in two different cases. But the key common element is that the products the plaintiffs did purchase and those they did not were substantially similar, says Francis Citera of Greenberg Traurig LLP.

  • Supreme Court Applied 'Settled Principles' In BMS Ruling

    Leslie Brueckner

    The U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court has been characterized by some in the defense bar as portending a sea change in specific personal jurisdiction. But the case did not move the legal needle as far as the defense bar had hoped, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group LLP.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

    Robert Horkovich

    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.

  • A Common Thread In California 'Organic' Textile Lawsuits

    Teresa Michaud

    Recent cases filed against manufacturers and retailers of “organic” textile products in California originate with a nonprofit group, and pose a risk to firms selling certain goods in California that are labeled as organic but that fall short of certain state standards, say Teresa Michaud and Anne Kelts of Baker McKenzie.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Cartel Case Against German Automakers Unlikely To Succeed

    David Balto

    At first the cartel allegations plaguing the German auto industry seemed like a slam-dunk, but now the case is not as clear. Any antitrust claim against the German auto industry has two major hurdles to overcome, says David Balto, a former policy director of the Federal Trade Commission Bureau of Competition.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Punitive Damages In Mass Torts: Outrageous And Reckless

    Stephen McConnell

    There is no consistency to the punitive damages process: One case might be halted by a judge who applies Daubert to preclude junk science, while another judge waves virtually the same case by and a jury socks the defendant with a $110 million verdict. Our system of civil litigation looks like jackpot justice, says Stephen McConnell of Reed Smith LLP.

  • Unlisted Food Ingredients: A Recipe For Trouble

    Jack Nolan

    The Middle District of Tennessee recently denied Whole Foods’ motion to dismiss a complaint concerning a slice of pizza containing undisclosed pecans consumed by a child with a severe nut allergy. Warnings may be required when an ingredient is something to which a “substantial number of persons” are allergic, says Jack Nolan of Weil Gotshal & Manges LLP.

  • Can You Stop Photography During An FDA Inspection?

    Katie Gates Calderon

    Recently, the U.S. Food and Drug Administration issued a warning letter to a homeopathy company accusing it of impeding the agency’s investigation by refusing to permit photography. While raised in the context of a different regulated industry, this warning letter has renewed familiar concerns from many food industry clients, say attorneys with Shook Hardy & Bacon LLP.