Product Liability

  • July 21, 2017

    Nissan Hit With $25M Verdict For Brake Defect In Fatal Crash

    A braking system software defect in a Nissan-made SUV was the cause of a traffic accident that killed three people, a California jury held on Friday, awarding roughly $25 million to the surviving driver and family members of the deceased.

  • July 21, 2017

    EPA Wrongly Delaying Chemical Rule, Enviros Tell DC Circ.

    Green groups and the nation’s largest industrial union told the D.C. Circuit on Thursday that the U.S. Environmental Protection Agency is improperly twisting the Clean Air Act to justify a 20-month delay of an Obama-era chemical risk management rule.

  • July 21, 2017

    Greenberg Traurig Adds OSHA Expert To Employment Team

    Greenberg Traurig LLP is beefing up its labor and employment practice by bringing on former general counsel to the federal Occupational Safety and Health Review Commission, the firm announced this week.

  • July 21, 2017

    JPMorgan Pays Up To Settle Enviro Violations Nationwide

    JPMorgan Chase & Co. agreed to fork over more than $230,000 in civil penalties to resolve federal environmental violations it voluntarily admitted at dozens of its bank branches and other facilities across the country, the U.S. Environmental Protection Agency said in a notice published Friday in the Federal Register.

  • July 21, 2017

    DC Circ. Affirms DOT's E-Cig Ban On Commercial Flights

    A divided D.C. Circuit on Friday upheld the U.S. Department of Transportation's ban on electronic cigarette use on commercial flights, saying the regulation reasonably squared with federal law banning traditional smoking on airplanes to protect passengers’ health and to maintain safe and adequate air transportation.

  • July 21, 2017

    Audi To Recall 850K Diesel Vehicles Outside US, Canada

    Audi AG will be recalling up to 850,000 diesel vehicles outside of the U.S. and Canada to fix emissions-related software, the company said Friday, adding that the decision was made in part to counteract possible driving bans tied to excessive diesel emissions.

  • July 20, 2017

    Jurors Won't Hear Theory J&J Conspired To Hide Talc Danger

    A California judge ruled Thursday that a woman alleging Johnson & Johnson’s talcum powder products caused her ovarian cancer can’t claim during opening statements in next week’s much-anticipated bellwether trial that J&J conspired to keep warning labels off talc products, saying the evidence shows only legal lobbying.

  • July 20, 2017

    Study Says Some Antibiotics Up Risk Of Birth Defects

    A study published Wednesday found certain antibiotics taken during the first trimester of a pregnancy may be linked to major birth defects, including heart malformations, in newborns.

  • 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."

Expert Analysis

  • Specific Personal Jurisdiction: The Unanswered Questions

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    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.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • Ex-NAD Director Looks Back On 20 Years And 2,600 Decisions

    Andrea Levine

    Reflecting on over two decades at the National Advertising Division, it's hard to discern any clear pattern regarding the type of products, legal issues or the sheer number of cases that came before us. Looking ahead, with advertising metamorphosing into so many different formats, I think identifying “what is advertising” is going to be the biggest challenge, says Andrea Levine, former director of the National Advertising Division.

  • Caveat Emptor In The Information Age

    We live in an age of unprecedented access to information, as well as unprecedented availability of product choices. At the same time, courts are choked with increasing case dockets — including consumer class actions — amid decreased funding. It may be time to reconsider the duty of the consumer to investigate the reasonably discoverable attributes of a product, says Brooks Gresham of McGuireWoods LLP.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.