Product Liability

  • July 20, 2017

    ‘Flushable’ Is ‘A Pretty Basic Concept,’ Judge Tells P&G

    A California federal judge appeared open Thursday to certifying a class of Procter & Gamble Co. consumers in their suit alleging the company falsely advertises its bathroom wipes as being flushable, rejecting P&G’s argument that “flushable” is open to different interpretations and noting that it’s a “pretty basic concept.”

  • July 20, 2017

    Honda Engineer Should Testify In Takata MDL: Special Master

    A special master in multidistrict litigation over Takata air bags on Wednesday urged a Florida federal judge to compel the deposition of a Honda engineer who said he knew the truth about allegedly defective inflators and compared himself to Edward Snowden in a 2013 email.

  • July 20, 2017

    Drug, Device Cos. Assail FDA's Off-Label Stance

    Top drug and device makers are strongly pressuring the U.S. Food and Drug Administration to dial back new policies regarding off-label promotion, calling them wildly overbroad, letters released Wednesday show.

  • July 20, 2017

    Takata Seeks Ch. 11 Rep For Future Air Bag Injury Claimants

    Bankrupt air bag maker Takata asked a Delaware federal judge Thursday to appoint a representative to handle the claims of customers who sustain injuries from the company’s air bags after the filing of its Chapter 11 case.

  • July 20, 2017

    8th Circ. Asked To Revisit $32M Blue Buffalo False Ad Deal

    A class member told the Eighth Circuit on Wednesday that the panel was wrong to uphold a ruling that approved a $32 million settlement between Blue Buffalo Co. Ltd. and a class of consumers in a pet food false advertising suit, urging the court to grant his request for an en banc rehearing.

  • July 20, 2017

    Sessions Memo Leads DOJ To Nix $3M Harley Enviro Project

    The U.S. Department of Justice on Thursday told a D.C. federal judge that it wants to cut a $3 million environmental project from an already-proposed settlement with Harley-Davidson Inc. over allegations that the company used engine emission cheat devices, in order to comply with new DOJ policy.

  • July 20, 2017

    Abbott, Fla. Pharmacy Settle 'Gray Market' Test Strip Suit

    Abbott Laboratories and a Florida pharmacy have agreed to settle a suit accusing the pharmacy of selling “gray market” versions of the drugmaker's diabetes test strips, with the companies on Thursday asking a New York federal court to enter a permanent injunction blocking the pharmacy from selling unauthorized products.

  • July 20, 2017

    Abbott Won't Get New Trial After $15M Depakote Verdict

    Abbott Laboratories won't get a redo of a trial in which a jury awarded a 10-year-old $15 million last month over claims the drugmaker failed to properly warn doctors about the risk of birth defects from use of its blockbuster drug Depakote, an Illinois federal judge ruled Wednesday.

  • July 20, 2017

    Former DOJ Environmental Specialist Joins Katten In DC

    Katten Muchin Rosenman LLP has snagged the former chief of staff for the U.S. Department of Justice's Environment and Natural Resources Division to help bolster the firm’s environmental practice, the firm said Wednesday.

  • July 20, 2017

    Rising Star: Arnold & Porter's Angela Vicari

    Arnold & Porter Kaye Scholer LLP partner Angela Vicari has scored key defense wins for clients in the past year, including multiple decisions defeating class certification in cases alleging an Endo Pharmaceuticals Inc. unit incorrectly packaged birth control pills, landing her a spot among the five product liability practitioners under 40 honored by Law360 as Rising Stars.

  • July 20, 2017

    KBR Not Liable For Iraq Toxic Burn Pits, Judge Rules

    A Maryland federal judge tossed a multidistrict litigation against defense contractor KBR Inc. on Wednesday over allegations that the company exposed military personnel to toxic fumes in Iraq and Afghanistan, saying the decision to use open burn pits was the military’s decision, driven by the “exigencies of war.”

  • July 20, 2017

    Lab Test Keeps Trader Joe's Truffle Kerfuffle Simmering

    A Manhattan federal judge told Trader Joe's Co. on Thursday not to bother filing a dismissal bid, after would-be classes of cheated condiment connoisseurs in New York and California said tests prove the grocery giant sold imported truffle-flavored olive oil that contains no "black truffle whatsoever."

  • July 19, 2017

    BakerHostetler Snags Former Latham Enviro Attorney

    BakerHostetler announced on Wednesday that it has hired a corporate environmental enforcement attorney who was previously with Latham & Watkins LLP as a partner in the firm’s Washington, D.C., office.

  • July 19, 2017

    NFLers Possibly Misled By Claim Assistance Offers: Judge

    The Pennsylvania federal judge overseeing the NFL concussion litigation said Wednesday the court is concerned players who may be eligible for the uncapped settlement are being improperly solicited by claim assistance providers who may be providing misleading offers, ordering a hearing on the issue.

  • July 19, 2017

    FDA Heard All Stories Of AndroGel Heart Attacks, Jury Told

    An AbbVie Inc. executive who monitored the safety of the company's products told an Illinois federal jury Wednesday that the U.S. Food and Drug Administration had all the company's information on heart attacks suffered by people on AndroGel but repeatedly declined to ask for a study on the risk.

  • July 19, 2017

    VW Bondholders Can Press On In Emissions Scandal MDL

    Bondholders can continue to bring a putative class action against Volkswagen alleging inflated bond values caused by the 2015 diesel emissions scandal, a California federal judge ruled Wednesday, though he trimmed some claims against corporate and individual defendants.

  • July 19, 2017

    GM Hid SUV Shifter Danger, Must Pay $2.9M, Jury Holds

    A Connecticut federal jury on Wednesday found that General Motors’ failure to warn about the dangers of the shifters in Chevrolet Suburbans caused an accident that killed an 8-year-old girl and injured her brother and hit the automaker with $2.875 million in damages.

  • July 19, 2017

    Jury Told Nissan Owes $231M For Fatal Crash-Causing Defect

    Attorneys for family members of three people killed in a traffic accident and the driver that hit them urged a California jury on Wednesday to find that the crash was caused by a brake defect in the driver’s Nissan-made SUV, and asked for more than $231 million in damages.

  • July 19, 2017

    House Subcommittee OKs Self-Driving Vehicle Legislation

    A U.S. House subcommittee on Wednesday approved proposed legislation that would federally regulate self-driving vehicles, a bipartisan effort that legislators on both sides of the aisle said was driven by a desire to improve safety on the nation’s roadways.

  • July 19, 2017

    GM Settlement Over Fuel-Economy Labels Gets Green Light

    A Michigan federal judge preliminarily approved on Wednesday General Motors LLC’s multimillion-dollar deal that would resolve a putative class action alleging the automaker overstated the fuel economy of three of its sport utility vehicles, with the class attorneys receiving $1.3 million in fees.

Expert Analysis

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Daubert And Product Liability: Mid-2017 Update — Part 1

    Max Kennerly

    A good way to understand the state of the Daubert standard in product liability cases is to examine the four most recent published circuit court opinions. All have one thing in common: The defendants framed Daubert as a matter of pseudoscientific absolutes, and the courts rejected the defendants at every turn, says Max Kennerly of Kennerly Loutey LLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Specific Personal Jurisdiction: The Unanswered Questions


    The tort bar eagerly awaited the U.S. Supreme Court’s decision last month in Bristol-Myers Squibb v. Superior Court of California. But the ruling did not address whether specific jurisdiction exists when the defendant markets a defective product nationwide, and the stream of commerce carries it into the forum state, where it injures the plaintiff, says David Holman of Davis Graham & Stubbs LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Opinion

    Why 'Class Action Attorney Fees' Are Such Dirty Words

    Dan Karon

    What drives disdain for plaintiffs class action lawyers getting paid? While stupid class actions filed by feckless lawyers are a disgrace, good class actions are essential. Without risk-taking plaintiffs lawyers, there would be no defense lawyers, and corporate cheaters would run amuck, ravaging consumers and victimizing well-behaving companies, says Daniel Karon of Karon LLC.

  • Insights From Recent Rise In Nuisance And Trespass Cases

    Carlos Romo

    Property owners are increasingly turning to common law nuisance and trespass claims for suits against neighboring industrial activities. Why has there been an upsurge in these cases? Carlos Romo of Lewis Bess Williams & Weese PC examines recent state and federal cases highlighting various legal issues associated with these types of claims.

  • No 'Real Intention To Prosecute' Means Fraudulent Joinder

    Steven Boranian

    The Eastern District of Pennsylvania recently entered a fraudulent joinder order that is worth highlighting. Fraudulent joinder is a type of forum manipulation seen all too often. The order in this case is the right result for the right reason, and the standard applied is one that courts should apply more broadly, says Steven Boranian of Reed Smith LLP.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.