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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.