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Product Liability

  • October 16, 2018

    AT&T Looks To Nix Cable Contamination Suit

    AT&T has asked a Texas federal judge to toss a suit brought by a group of landowners over contamination risk from decades-old abandoned telephone cables, saying there is no evidence the cables have damaged any of the properties in question.

  • October 16, 2018

    FDA Warning Wire: E-Cig Juice Spiked With ED Drugs

    An e-cigarette company's vaping liquid was packing more than nicotine with the addition of the active ingredients in erectile dysfunction drugs, a first according to the U.S. Food and Drug Administration.

  • October 16, 2018

    Duck Boat Owner Says Law Limits Liability Over Fatal Sinking

    The owner of an amphibious “duck boat” has filed an action in Missouri federal court seeking to limit its liability over the deadly July sinking that claimed the lives of 17 tourists by citing a federal maritime law enacted in the 19th century.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up. (This article is part of a series examining the gender gap among high court advocates.)

  • October 16, 2018

    Audi Fined $925M In Germany Over Diesel Emissions

    German authorities on Tuesday hit Volkswagen’s luxury division, Audi AG, with a $925 million fine for selling cars rigged to pass emissions tests despite their emissions being higher than allowable standards.

  • October 15, 2018

    Fla. High Court Rejects Law That Mandated Daubert Standard

    The Florida Supreme Court ruled Monday that a 2013 law that mandated use of the Daubert standard for screening expert witness testimony infringed on the court's rulemaking authority, and reinstated an $8 million verdict for a mesothelioma patient based on its continued support for the current Frye standard.

  • October 15, 2018

    Ill. Health Insurance Nonprofits Sue Over Opioid Crisis

    Two Illinois nonprofits that provide municipalities with workers’ compensation and employee health insurance on Monday hit opioid makers and distributors with a suit they called the first of its kind in the state over the costs of the opioid epidemic.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Opioid MDL Needs Gov't Docs To Advance, Drugmakers Say

    Opioid makers and pharmacies on Monday backed a special master's ruling that requires local governments suing drugmakers in multidistrict litigation over the opioid epidemic to identify hundreds of prescriptions, saying that so far they've borne the brunt of coughing up discovery information.

  • October 15, 2018

    RJ Reynolds Hit With $43M Verdict In Lung Cancer Trial

    A Boston jury has awarded $43.1 million in damages after finding that the blame for a man’s fatal lung cancer lay with R.J. Reynolds but not with rival tobacco company Philip Morris or an auto parts firm accused of selling asbestos-laden brakes.

  • October 15, 2018

    Ex-NECC Workers Blame Boss In Fraud Case

    ​Attorneys for six former New England Compounding Center employees accused of misleading regulators about the workings of the facility whose tainted drugs caused a deadly meningitis outbreak placed the blame on the workers' boss​ in statements to a Boston federal jury Monday.

  • October 15, 2018

    Colo. Climate Suit Belongs In Federal Court, Oil Cos. Say

    A Colorado federal judge should follow the lead of federal judges in California and New York and keep a suit lodged by two Colorado counties and a city seeking climate change-related infrastructure damages in federal court, ExxonMobil and Canada's Suncor Energy Inc. said Friday.

  • October 15, 2018

    Energy Drink Falsely Touts Nutritional Supplements, Suit Says

    A consumer has launched a putative class action against energy drink maker Vital Pharmaceuticals Inc. in Illinois federal court, alleging the company’s Bang energy drinks contain none or only small amounts of the nutritional supplement ingredients claimed on the label.

  • October 15, 2018

    Chicago Suburb Says Utilities Should Fund Hazard Study

    A Chicago suburb told an Illinois federal court that enough evidence had accumulated to force Northern Illinois Gas Co. and Commonwealth Edison Co. to fund a study into the dangers allegedly posed by their abandoned pipelines leaking hazardous waste into the environment.

  • October 15, 2018

    Drivers Urge Court To Keep Economic Claims In Air Bag Case

    A group of drivers seeking economic damages against four car companies over the use of defective Takata Corp. air bags urged a Florida federal court on Friday not to dismiss their claims, saying they overpaid for cars they were told were safe but which in reality had a dangerous defect.

  • October 15, 2018

    Justices Asked To Revive Va. Consumers' Hyundai Gas Claims

    Virginia consumers have asked the U.S. Supreme Court to reinstate their claims that Hyundai Motor America Inc. misrepresented the fuel economy of its Elantra cars, saying the Fourth Circuit overstepped in tossing them, since they were already preserved in broader multidistrict litigation in California being reviewed by the Ninth Circuit.

  • October 15, 2018

    US Can't Avoid Trial In Kids' Climate Change Suit

    An Oregon federal judge on Monday refused the federal government's bid to end a lawsuit accusing it of failing to protect future generations from the effects of climate change, saying the 21 children who lodged the suit have made a strong enough case to have their claims contested at trial later this month.

  • October 15, 2018

    Starbucks Wins Last-Minute Stay Of Prop. 65 Penalties Trial

    A California appeals court issued a last-minute stay of Monday's scheduled trial to determine what penalties Starbucks Corp. and other coffee roasters owe for violating cancer-warning statute Proposition 65, after the roasters asked to wait until the state agency enacting the propositon finalizes a proposed rule saying coffee needs no cancer warnings.

  • October 15, 2018

    Sherwin-Williams, ConAgra Denied Cert In Lead Cleanup Suits

    The U.S. Supreme Court on Monday denied appeals by Sherwin-Williams, ConAgra and NL Industries seeking to overturn public nuisance judgments that held the companies liable for millions in remediation stemming from lead paint usage from decades before.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

Expert Analysis

  • Opinion

    Gov't Brief In Fosamax Makes Strong Case For Reversal

    Stephen McConnell

    After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Missouri Asks, 'Where's The Beef?'

    Martha Charepoo

    A newly enacted Missouri law makes it a misdemeanor to use the word “meat” on labels of food products that do not come from an animal. Businesses selling meat substitute products in the state that do not meet the new labeling requirements could face liability under another consumer protection statute as well, says Martha Charepoo of Baker Sterchi Cowden & Rice LLC.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • How New Prop 65 Amendments Impact Calif. Businesses

    Lotus Fung

    Amendments to California's Proposition 65 which came into effect in August change the law's safe harbor warning requirements and create tailored warnings for specific chemical exposures and products. Businesses must keep in mind that even an exposure below legally defined threshold levels can open them to liability, say Lotus Fung and Manuel Fishman of Buchalter PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • UK Product Liability Law In The Autonomous Vehicle Era

    Sarah Batley

    The United Kingdom is positioning itself as the go-to location to develop, test and drive automated vehicles, and has already enacted legislation to provide an insurance model for AVs. But it is not yet clear whether existing U.K. product liability law will be able to accommodate the challenges posed by this new technology, say attorneys with Jones Day.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • No Injury Means No Standing For A Talc Plaintiff

    Steven Boranian

    Last month, the Third Circuit affirmed the dismissal of a plaintiff's case against Johnson & Johnson over talcum powder. The plaintiff used the product with no ill effect, and alleged no defect, injury or disease. The Third Circuit was correct in finding that she simply lacked any standing to sue, says Steven Boranian of Reed Smith LLP.