Product Liability

  • February 20, 2018

    Pa. Court Orders New Trial In Groundbreaking Products Case

    A case that helped redefine product liability law in Pennsylvania was teed up for a new trial Friday after the state’s Superior Court said jurors had not been properly instructed on how to determine whether steel tubing linked to a lightning-sparked house fire was legally defective.

  • February 20, 2018

    FDA Warning Wire: Problems At Pfizer Plant

    The U.S. Food and Drug Administration found issues with the way customer complaints were handled and how problems were investigated at a Pfizer plant in Kansas, a facility that has landed in the crosshairs of the agency before. Here’s this week’s roundup of the agency’s enforcement actions.

  • February 20, 2018

    High Court Rejects Four Environmental Cases

    The U.S. Supreme Court on Tuesday declined review in several environmental cases, including challenges to how the U.S. Environmental Protection Agency interpreted an Eighth Circuit finding that it improperly crafted water pollution rules, and to the Third Circuit’s decision to toss a group of Pennsylvania residents’ lawsuit alleging they developed cancer after exposure to a nuclear facility’s emissions.

  • February 20, 2018

    Justices Decline 'Vexatious' Patient's Suit Over CT Scan

    The U.S. Supreme Court on Tuesday refused to revive a malpractice and product liability suit against a California hospital and General Electric bought by a “vexatious litigant” — as deemed by a California court — who claimed a GE-made CT scan exposed him to unacceptable cancer risks and a burning sensation in his genitals.

  • February 20, 2018

    Ky. Says Distributor Failed To Police Opioid Prescriptions

    Drug distributor Cardinal Health has exacerbated the opioid epidemic by filling suspicious drug orders and neglecting to alert the authorities about them, Kentucky's attorney general claimed in a suit filed Monday in state court.

  • February 20, 2018

    Atty Relishes Role As Longtime Foe Of Tort Reform Laws

    Getting a tort reform or other state law ruled unconstitutional is no easy task, but Robert Peck has managed to make a career out of it, traveling across the country and helping to smash roadblocks for the personal injury plaintiffs bar, including a seminal take-down of Florida’s cap on noneconomic damages.

  • February 20, 2018

    BP Says Some Claims In Deepwater Suits Are Time-Barred

    BP PLC has asked a Texas federal court to dismiss claims from two-thirds of the investor suits in multidistrict litigation related to the 2010 Deepwater Horizon spill, arguing that a recent U.S. Supreme Court case made clear that some claims based on company statements from before the spill should be barred by the statute of repose.

  • February 20, 2018

    Meet The Attys At The Opioid MDL's Negotiating Table

    The fate of multidistrict litigation over the opioid crisis now rests heavily with 18 elite attorneys who've been tasked with negotiating a settlement in the historic case. Here, Law360 presents the names and faces of the negotiators, along with information about their biggest cases and notable achievements.

  • February 16, 2018

    Takata Wins Nod For Ch. 11 Plan Confirmation, $1.6B Sale

    A Delaware bankruptcy judge agreed Friday to confirm Takata’s Chapter 11 plan that centers on a $1.6 billion sale to Key Safety Systems Inc. and uses proceeds to pay victims of Takata's dangerously defective air-bag inflators, after hearing that the major creditor groups were all on board.

  • February 16, 2018

    CPSC Sues Britax Over Jogging Stroller Injuries

    The U.S. Consumer Product Safety Commission on Friday hit Britax with a suit claiming that certain jogging strollers are defective and have injured both children and adults, saying that the company has refused to recall the strollers.

  • February 16, 2018

    Tribal Casino Operator Seeks OK Of $3.7M Arbitral Award

    The tribal operator of Harrah’s Cherokee Casino and Hotel has asked a North Carolina federal court to confirm a $3.7 million arbitration award against a concrete subcontractor for the collapse of a portion of a parking garage that caused a personal injury and a shutdown of the garage, saying the award has been paid in full.

  • February 16, 2018

    US Steel Can't Duck Suit Over Man's Cancer

    A Pennsylvania federal court has declined to dismiss claims by a man with cancer against United States Steel Corp. over allegations that the company knowingly supplied machine lubricant ingredients that contained a cancer-causing compound, despite being aware of the risks.

  • February 16, 2018

    Nissan Trims Suit Over Defective Sunroof Class Action

    Nissan has succeeded in trimming some breach of warranty and unfair trade practices claims from a proposed class action in California federal court alleging its panoramic sunroofs are prone to “explosively” shatter as a result of defects in the glass.

  • February 16, 2018

    Intel Says Chip Security Flaws Led To 30+ Suits Against It

    Intel said on Friday in a regulatory filing that it is facing more than 30 lawsuits, including proposed consumer and securities class actions, over the discovery in 2017 that security flaws, dubbed Spectre and Meltdown, make virtually every computer chip vulnerable to hacking.

  • February 16, 2018

    Honda Sued By Insurer Over Damage From Odyssey Fire

    Metropolitan Property and Casualty Insurance Co. has sued American Honda Motor Co. in New Jersey state court over a policyholder's car and house damage after a Honda Odyssey minivan allegedly burst into flames.

  • February 16, 2018

    ConAgra Undermining MDL By Concealing Suit, 1st Circ. Told

    A class of consumers in multidistrict litigation accusing ConAgra of misrepresenting its Wesson oils as all-natural has urged the First Circuit to require the company to notify the Judicial Panel on Multidistrict Litigation of a potential tag-along suit, arguing its failure to do so “undermined the entire purpose of the MDL process.”

  • February 15, 2018

    Amazon To Pay EPA $1.2M For Illegal Pesticide Sales

    The U.S. Environmental Protection Agency on Thursday announced that Amazon Services LLC will pay a $1,215,700 penalty to settle allegations it facilitated the distribution of imported pesticide products by third-party vendors that were not licensed for sale in the United States.

  • February 15, 2018

    Insurers Cleared To Subpoena Asbestos Claim Info In Ch. 11

    A New York bankruptcy judge has told Rapid-American Corp. it can’t stop the trio of insurance companies it claims failed to cover it from asbestos claims from subpoenaing the company’s claims handlers.

  • February 15, 2018

    Calif. Court Revives Insurance Row Over Bingo Device Fire

    A California appeals court found Wednesday that a lower court wrongly dismissed a bingo device supplier’s suit against its insurer stemming from a London fire started by a battery in a device, saying there is a potential for coverage in the future.

  • February 15, 2018

    W.Va. Opioid Suit Against McKesson Sent Back To State Court

    The state of West Virginia on Thursday won its bid to send back to state court a suit accusing pharmaceutical company McKesson Corp. of oversupplying the state with millions of doses of opioids, the latest decision in a string of cases over the opioid crisis.

Expert Analysis

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • A 'More Than Peanuts' Sentence Of Food Company Officials

    Robert Hibbert

    In U.S. v. Parnell, the Eleventh Circuit recently upheld the longest criminal sentences ever imposed in a food safety case. The court's opinion underlines the abiding significance of the criminal sanction within the food safety landscape, say Robert Hibbert and Hilary Lewis of Morgan Lewis & Bockius LLP.

  • Preemption In Pharmaceutical Cases: 2017 In Review

    Connor Sheehan

    2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. And the interplay and potential collision between state law duties and federal regulatory requirements raised in the cases decided last year will continue to evolve in 2018, says Connor Sheehan of Dunn Sheehan LLP.

  • Filter MDL Puts FDA Clearance Evidence Back On The Table

    James Beck

    U.S. Food and Drug Administration compliance evidence was for decades admissible evidence in product liability litigation, until rulings in pelvic mesh cases began to change the law. But last week, the judge in the Bard IVC Filters Products Liability Litigation held such evidence admissible, giving product liability defense counsel a clearly articulated and compelling argument, says James Beck of Reed Smith LLP.

  • A Lower Bar For Calif. Agencies In Hazardous Waste Cases

    Ria Rana

    If the California Court of Appeal's latest decision in City of Modesto v. The Dow Chemical Company continues to stand, it will have broad implications for chemical and equipment manufacturers and distributors who may find they are subjected to liability under the Polanco and Gatto Acts more frequently, say Ria Rana and John Parker of Goldberg Segalla.

  • 9th Circ. Decision Could Be Game-Changer For Investors

    Carol Villegas

    The Ninth Circuit on Wednesday issued an important decision in Mineworkers' Pension Scheme v. First Solar that serves to protect investor rights in securities class actions and will prevent companies that commit fraud from evading liability, say Carol Villegas and James Christie of Labaton Sucharow LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Don't Let PFAS Leave A Mark On Your Business Transaction

    Alexandra Farmer

    Growing regulatory and litigation focus on per- and poly-fluorinated alkylated substances, combined with pressure to streamline due diligence, poses a challenge for environmental transactional lawyers tasked with review of industries and properties currently or previously involved in the manufacture, distribution or sale of PFAS or products containing PFAS, say Alexandra Farmer and Laura Mulherin of Kirkland & Ellis LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • 9th Circ. Ups Ante On Cert. Of Nationwide Settlement Classes

    James Morsch

    A closer examination of the Ninth Circuit’s reasoning in the Hyundai and Kia Fuel Economy Litigation reveals that the recent decision does not break new ground in terms of class action law but does highlight the difficulties in certifying nationwide class actions, even for settlement-only classes, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.