Product Liability

  • April 20, 2017

    Nissan Settles InTouch False Ad Suit With Vouchers, Cash

    Nissan North America Inc. has agreed to settle with around 52,000 owners of 2014 Nissan Infiniti Q50s to end claims over alleged false advertising about the performance of its InTouch infotainment system, according to a settlement proposal filed in California federal court Wednesday.

  • April 20, 2017

    FDA Warns That Kids Shouldn't Use Codeine, Tramadol

    The U.S. Food and Drug Administration on Thursday said that it’s requiring labeling changes to two opioid medications — codeine and tramadol — to warn that children under 12 shouldn’t use them, and to include stronger warnings that nursing mothers shouldn’t use them.

  • April 20, 2017

    Almond Milk Class Fires Back At Bid To Dump Suit

    Consumers accusing an almond milk maker of deceptively marketing its products as a healthy alternative to cow’s milk have fired back at the company’s attempt to toss their proposed class  action suit, saying in California federal court Wednesday they have standing to bring the case because their claims are viable.

  • April 20, 2017

    GSK Hit With $3M Verdict For Reed Smith Atty’s Suicide

    An Illinois federal jury on Thursday found GlaxoSmithKline liable for the death of Reed Smith LLP partner Stewart Dolin and ordered the pharmaceutical giant to pay $3 million to the attorney’s widow, reaching the conclusion that a generic version of GSK’s Paxil caused Dolin to take his own life.

  • April 20, 2017

    Eaton Aerospace’s Faulty Parts Crashed Plane, Owners Say

    Eaton Aerospace LLC manufactured defective airplane parts that ultimately led to the destruction of an Italian aircraft that was forced to conduct an emergency landing at a Springfield, Illinois, airport, according to a case removed to California federal court Thursday.

  • April 20, 2017

    Feds Want 9 Years For Head Of Counterfeit 5-Hour Energy Plot

    A wholesale distribution company owner who pled guilty to running a scheme to sell counterfeit 5-Hour Energy drinks should serve nine years in prison and pay more than half a million dollars in restitution to the drink’s maker, Innovation Ventures LLC, California federal prosecutors said Wednesday.

  • April 20, 2017

    9th Circ. Revives Gerber Baby Food False Ad Suit

    A mother accusing Gerber Products Co. of using misleading labels to tout the quality of its baby food has presented sufficient evidence that the company deceived customers, the Ninth Circuit said Wednesday in reviving the putative class action.

  • April 20, 2017

    Bayer Gets Quick Win In Suit Challenging Probiotic Claims

    Bayer HealthCare LLC has landed a quick judgment win in the proposed class action alleging it lied about the health benefits of its digestive supplements, after a New Jersey federal judge concluded that the consumers had failed to present competent evidence supporting their claims.

  • April 20, 2017

    High Court Reins In Judges On Misconduct Sanctions

    A unanimous U.S. Supreme Court decision Tuesday setting ​boundaries ​​​on litigation sanctions will discourage judges from handing down penalties that go beyond making victims whole to more severely punish attorneys and their clients who engage in discovery shenanigans or other misconduct, experts say.

  • April 20, 2017

    Aussie Regulator's Food Safety System Is Comparable: FDA

    The U.S. Food and Drug Administration on Wednesday announced that it has signed an agreement with an Australian regulator recognizing each other’s food safety systems as comparable, a move the Australian government has said will make its exporters preferred suppliers of safe food to the U.S.

  • April 20, 2017

    Chadbourne Votes Out Partner Behind Gender Bias Suit

    Chadbourne & Parke LLP voted Thursday to expel a female partner who lodged a $100 million proposed gender bias class action against the firm last year, according to a spokesperson for Sanford Heisler Sharp LLP, the firm representing the ousted attorney.

  • April 20, 2017

    2nd Circ. Tosses Tronox Tort Plaintiffs' No-Suit Order Appeal

    The Second Circuit on Thursday ruled it has no jurisdiction to decide if 4,300 people are barred by an anti-suit injunction — part of the $5 billion Tronox bankruptcy settlement — from suing former Tronox parent Kerr-McGee Corp. for injuries they blame on toxic emissions from a Pennsylvania industrial plant.

  • April 19, 2017

    ‘No Sugar Added’ Claims Vex 9th Circ. In Juice Labeling Suits

    A Ninth Circuit panel heard arguments Wednesday in separate putative class actions against Mott's and Ocean Spray on claims they promised juice products had “no sugar added,” tackling thorny food labeling questions like how buyers can show that a class had a shared understanding of what a label means.

  • April 19, 2017

    Tesla Owners Sue Over 'Half-Baked' Autopilot Software

    Tesla car owners filed a putative class action against the automaker in California federal court Wednesday for selling 2016-2017 models that allegedly contain inoperative standard safety features, as well as faulty enhanced autopilot software for which customers paid a premium.

  • April 19, 2017

    Diabetes Test Maker Eavesdropped In Abbott Suit, Attys Say

    An executive for a company accused by Abbott Laboratories of selling “gray market” diabetes test strips listened in on other defendants' confidential depositions with the help of Kerr Russell counsel, attorneys alleged in New York federal court Wednesday, saying the depositions touched on trade secrets and other sensitive information.

  • April 19, 2017

    Coca-Cola Wants 'No Added Sugar' Juice Suit Dumped

    Coca-Cola-owned fruit juice brand Odwalla Inc. urged a California federal judge Tuesday to dismiss a proposed class action over a "no added sugar" label on the front of its beverages, contending the label says nothing untrue or misleading.

  • April 19, 2017

    Dr Pepper Can’t Duck Canada Dry Ginger Ale Labeling Row

    A California federal judge on Wednesday refused to toss a putative class action alleging that Dr Pepper misleads consumers by labeling its Canada Dry ginger ale as containing "real ginger" even though there's allegedly no actual ginger in the soda, but told the consumers that their fraud claims need to be “more precise.”

  • April 19, 2017

    Defense Costs Not Held To Reinsurer's Cap, NY Justices Told

    Century Indemnity Co. has asked New York's highest court to rule that Global Reinsurance Corp. of America must cover Century's costs to defend Caterpillar in asbestos litigation beyond the reinsurer's total liability cap, asserting that a prior decision by the court does not compel a conclusion that the cap includes both indemnity and defense costs.

  • April 19, 2017

    WTO Dispute Roundup: Food Fights Come To The Fore

    In Law360's latest review of the World Trade Organization's Dispute Settlement Body proceedings, the U.S. and India remain at loggerheads over a dispute about India's poultry import ban while other agricultural disputes involving Europe, China and Russia all lurched toward conclusion.

  • April 19, 2017

    Calif. Court Finds Plaintiff 'Vexatious' In GE Med Mal Suit

    A California appeals court Tuesday upheld a lower court’s ruling that a man who claimed a General Electric CT scan exposed him to unacceptable cancer risks and a burning sensation in his genitals is a vexatious litigant.

Expert Analysis

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • The 11th Circ.'s Unfortunate Do-Over Christiansen Verdict

    Steven Boranian

    After the jury in the Christiansen v. Wright Medical Technology bellwether trial decided that the defendant’s product was not defective, the judge told the jurors that perhaps they did not "fully understand" and instructed them to try again. The Eleventh Circuit has now affirmed the plaintiff’s verdict, and the defendant has valid reasons to be unhappy, says Steven Boranian of Reed Smith LLP.

  • How New Expert Witness Rules May Impact Missouri Courts

    Dennis Harms

    Last month, Missouri Gov. Eric Greitens signed House Bill 153, enacting more stringent standards for admission of expert witness testimony in Missouri courtrooms. Litigators may need to rethink some current practices, including how to present certain evidence and whether to keep using “frequent flyer” experts, say Dennis Harms and Lawrence Hall of Sandberg Phoenix & von Gontard PC.

  • Top 10 Litigation Risks For Retailers In 2017

    Ann Schofield Baker

    With the 2017 retail season in full swing, what issues are keeping retailers up at night? Ann Schofield Baker of Perkins Coie LLP has distilled a list of top retail risks and trends this year, ranging from data breaches, cyber-ransom threats and toxic chemical compliance to the potential for litigation over subjects including shipping fees, discount pricing and website accessibility.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • When Diversity Jurisdiction Fails, So Does Removal

    Carolyn Davis

    The Eleventh Circuit's recent ruling in Thermoset v. Building Materials Corp. of America is a reminder that a court can decide its jurisdiction at any time, even after judgment. Defendants must be wary of removing an action to federal court on diversity grounds if the diversity of each party is not firmly established, says Carolyn Davis of Weil Gotshal & Manges LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • Natural Resource Damages: A New Angle In PCB Litigation

    Graham Zorn

    In an effort to use product liability theories to impose liability on manufacturers of products found in the environment, Washington state recently sued polychlorinated biphenyl manufacturer Monsanto in state court. This could signal a new era in PCB litigation, and should be closely watched by manufacturers and marketers of similar products, say Graham Zorn and Eric Klein of Beveridge & Diamond PC.