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Product Liability

  • September 18, 2018

    Mass. Utility Hit With $50M Suit After Deadly Gas Explosions

    Antiquated infrastructure and a lack of leak prevention and safety practices led to last week’s gas explosions in three communities north of Boston, killing one person and displacing thousands, according to a $50 million proposed class action filed Tuesday in Massachusetts state court seeking to hold the utility company responsible.

  • September 18, 2018

    EU Probes German Automakers For Emissions Collusion

    Europe’s competition watchdog said Tuesday that it has opened an in-depth investigation into allegations that German automakers Volkswagen AG, BMW AG and Daimler AG colluded to limit the development and implementation of certain emissions control systems.

  • September 18, 2018

    Former US Secretaries Back IFC Immunity In High Court Case

    Weighing in on a case brought by a group of Indian nationals over alleged environmental damage from a power plant project, a group of former U.S. secretaries of state and of the Treasury, including John Kerry, has urged the U.S. Supreme Court to continue allowing the International Finance Corp. to be immune from suits, arguing that multilateral development banks are fundamentally different from sovereign states.

  • September 18, 2018

    Drivers Say BMW, Bosch Can't Halt Emissions-Cheating Suit

    Car buyers have told a New Jersey federal judge that BMW of North America LLC and auto parts manufacturer Robert Bosch LLC can't duck allegations that they installed software to cheat emissions testing in diesel model vehicles, saying courts considering similar claims against the likes of Volkswagen AG have held that the conduct is fraud.

  • September 17, 2018

    WWE Wins 2 Bouts In Suits Over Wrestlers' Concussions

    A Connecticut federal court ruled Monday in favor of World Wrestling Entertainment in two suits related to former wrestlers’ claims that the organization fraudulently concealed a link between the sport and brain injuries, finding that their complaints were barred by the statutes of limitations or the court’s previous rulings or were frivolous.

  • September 17, 2018

    BMW Holds On To Win In Appeal Following Seat Belt Trial

    A California appeals court on Friday blessed BMW's trial win against a woman who said her seat belt failed her during a crash, agreeing with the exclusion of a key expert witness and the finding that BMW could send hundreds of thousands of dollars in its own expert-witness bills to the plaintiff.

  • September 17, 2018

    J&J Talc Supplier Makes Last-Second Deal In Asbestos Trial

    Imerys Talc America, talc supplier for Johnson & Johnson, has settled a woman’s allegations that it knowingly sold talcum powder contaminated with asbestos, exiting the case shortly before a California jury on Monday began deliberations on the woman’s claim that J&J owes her millions for causing her mesothelioma.

  • September 17, 2018

    J&J Wages New Fight Over Asbestos In Talc After $117M Loss

    A few months after Johnson & Johnson and a co-defendant were hit with verdicts totaling $117 million in a similar case, the pharmaceutical giant called on a different panel of jurors in the same New Jersey courtroom Monday to reject claims that a woman’s alleged exposure to asbestos in its baby powder contributed to her mesothelioma.

  • September 17, 2018

    Plane Owner's Faulty Repair Suit Timely, Texas Justices Hear

    A lawsuit brought by a man alleging shoddy repair work led to a plane crash should be revived because the claim wasn't brought under the Deceptive Trade Practices Act — which has a two-year statute of limitations — but as a common law claim with a four-year deadline, the Texas Supreme Court heard in oral arguments Monday.

  • September 17, 2018

    Mercedes-Benz Says It Isn't Liable For Defects In Used Cars

    Mercedes-Benz USA has asked a California federal judge to dismiss a proposed consumer class action alleging the company sold them cars with faulty transmissions, with the automaker arguing it can hardly be held responsible when the drivers bought their cars used, fourth-hand and not from Mercedes-Benz dealerships.

  • September 17, 2018

    Opioid MDL Stakes Rise For Pharmacy Benefit Cos.

    The nation’s biggest pharmacy benefit management companies should be forced to clamp down on painkiller prescriptions, according to a new motion that raises the stakes for PBMs in multidistrict litigation over the opioid epidemic and contains fresh signs of friction among plaintiffs attorneys.

  • September 17, 2018

    Ulta Shoppers Say Risk Of Buying Used Makeup Justifies Suit

    A proposed class of Ulta Beauty Inc. customers told an Illinois federal judge to reject the makeup retailer’s bid to dismiss their claims the company sold used products, arguing in part that misleading customers about what they were buying is enough to establish standing.

  • September 17, 2018

    Insys Wants Out Of Off-Label Fentanyl Prescription Suit

    Insys Therapeutics Inc. has urged an Arizona federal court to toss a suit from several Blue Cross Blue Shield Association units that have accused Insys of bribing physicians to write off-label prescriptions for its fentanyl spray.

  • September 17, 2018

    Trader Joe's Settles Underfilled Tuna Can Suit For $1.3M

    Trader Joe's has agreed to settle for $1.3 million a proposed class action in California federal court from customers claiming the retailer underfilled 5-ounce tuna cans.

  • September 17, 2018

    Sport Supplement Co., Consumers Settle Deceptive Label Suit

    Dietary supplement manufacturer PhD Fitness LLC and a putative class of consumers have told a South Carolina federal court they've agreed to end a suit accusing the company of deceptively labeling its sport supplements.

  • September 17, 2018

    Nissan Can't Arbitrate Claims In Defective Sunroof Suit

    A California federal judge on Friday denied Nissan North America Inc.'s attempt to compel arbitration for a consumer in a potential class action accusing the carmaker of selling vehicles with defective sunroofs, finding that Nissan is not a third party to an arbitration agreement the customer signed with the dealership.

  • September 17, 2018

    J&J Hit With Another Suit Over Alleged Talc-Related Death

    The husband of a woman who died of ovarian cancer in 2015 is suing Johnson & Johnson and a talc supplier, claiming the companies have known for decades about talc’s links to cancer but still sold and promoted products containing the substance as safe to use.

  • September 14, 2018

    Attys Scrap Over $9M Fee Lot In Revised Pella Class Deal

    Attorneys representing current and former participants in a class action accusing Pella Corp. of selling leaky windows urged an Illinois federal judge Friday to approve their respective bids for a cut of $9 million in fees for work they put into reaching a nearly $26 million deal in the suit, which has been pending in Illinois federal court for about 12 years.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    Tribe Says Enbridge Pipeline Plan Would Skirt Enviro Review

    The Bay Mills Indian Community urged the federal government on Thursday to cancel a proposal to allow Enbridge Energy LP to perform construction work on an oil pipeline in the Great Lakes, saying the government's approval of the plan would help the company avoid a required environmental review.

Expert Analysis

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • 3D-Printed Pharmaceuticals? Don't Try This At Home

    Matthew Jacobson

    A recent article in 3D Printing Industry describes a group disseminating instructions for building a 3D-printed kit that could manufacture a variety of medications. But the product liability implications of this practice — including questions over manufacturing defects, quality control and drug warnings — make it a risky proposition, says Matthew Jacobson of Reed Smith LLP.

  • TM Licensors Beware: Your Product Liability Risks May Vary

    Jordan Lewis

    Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.

  • Plaintiffs May Be Hard-Pressed In New Olive Oil Cases

    Claudia Vetesi_

    This month, two lawsuits were filed in a California federal court against Transnational Foods Inc. and J.M. Smucker Co., alleging that certain products were misleadingly labeled as extra virgin olive oil when test results showed that the products were something else. But the complaints do not provide the test results or identify any applicable standards, say attorneys with Morrison & Foerster LLP.