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Product Liability

  • January 10, 2019

    Fiat Chrysler To Pay Up To $884M To End Emissions Claims

    Fiat Chrysler Automobiles NV has agreed to pay up to $884 million to settle claims that it illegally equipped diesel fuel-powered vehicles with software that enabled them to cheat emissions standards.

  • January 9, 2019

    BakerHostetler Atty Faces Disqualification Bid In Opioid MDL

    A BakerHostetler partner who represents Endo Pharmaceuticals Inc. in multidistrict litigation over the opioid epidemic should be disqualified from the case, according to a motion filed in Ohio federal court Wednesday.

  • January 9, 2019

    Plaintiffs Attys Rip 'Dishonest' Ethics Complaint In Opioid MDL

    Top plaintiffs attorneys in multidistrict litigation over the opioid crisis are savaging an ethics complaint lodged by drug companies, accusing them of meritless and “dishonest” objections to televised criticism of painkiller sellers.

  • January 9, 2019

    CBS Beats Widow's Bid To Send Asbestos Suit To State Court

    A Rhode Island woman's decadelong fight against CBS, among other companies, over her husband's death from an asbestos-related illness belongs in federal court, a district judge ruled Wednesday, denying her request to have the case sent back to state court.

  • January 9, 2019

    Conn. Judge Tosses Cities' Suits Against Opioid Makers

    A Connecticut state judge on Tuesday dismissed suits brought by 37 municipalities targeting Purdue Pharma and other companies over the opioid crisis for lack of jurisdiction, saying social problems do not necessitate compensatory damages.

  • January 9, 2019

    Judge Won't Narrow Class Definitions In Jeep Hacking Suit

    An Illinois federal judge on Wednesday refused to narrow class definitions in a lawsuit by drivers who say their Jeeps are vulnerable to hacking, saying the automaker is trying to relitigate arguments he had already rejected at the class certification stage.

  • January 9, 2019

    NFL Pulls 'Cynical' Concussion Appeal Just Before Hearing

    The NFL on Wednesday withdrew an explosive appeal in the landmark concussion settlement that had outraged attorneys representing the brain-damaged players covered by the deal, just one day before it was to be discussed at a much-anticipated hearing in Pennsylvania federal court.

  • January 9, 2019

    Mercedes-Benz Hit With Fraud Suit In Ariz. Over 'Clean Diesel'

    Arizona Attorney General Mark Brnovich has sued Mercedes-Benz USA LLC and Daimler AG under the state Consumer Fraud Act, alleging the auto company and engine manufacturer sold diesel vehicles as being environmentally friendly while they were actually producing emissions at as much as 30 times the national standard.

  • January 9, 2019

    Full Fed. Circ. Rejects Vaccine Act Case, Overruling 2 Judges

    The full Federal Circuit on Wednesday said it won’t reconsider denying National Childhood Vaccine Injury Act relief to a family whose son developed a seizure syndrome after being vaccinated, despite strong objections from two judges who accused colleagues of undermining the act’s purpose.

  • January 9, 2019

    Ex-Insys CEO Pleads Guilty, May Testify In Bribery Trial

    In an eleventh-hour move, former Insys Therapeutics Inc. CEO Michael Babich admitted to taking part in a scheme to bribe doctors into prescribing the company’s pricey fentanyl spray in Massachusetts federal court Wednesday and will cooperate as the criminal trial of his former co-workers kicks off later this month.

  • January 9, 2019

    RI Law May Force Atty To Face Malpractice Suit, Judges Say

    The application of Rhode Island law may defeat a Texas attorney's attempts to force into arbitration a dispute with a couple accusing him of botching their medical malpractice case, a First Circuit panel suggested during oral arguments Wednesday.

  • January 8, 2019

    Tesla Sued In Fla. Over Car Crash That Killed Teens

    Tesla wrongly removed a device meant to limit the top speed of one of its 2014 Model S cars, which — combined with a flawed battery pack design — contributed to the deaths of two Florida teens in a crash last year, according to a complaint filed Tuesday in Broward County court.

  • January 8, 2019

    3 Atty Lien Disputes In NFL Concussion Case Resolved

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement provided the first in-depth look at how it's handling dozens of contentious attorney lien disputes on Monday, in a lengthy ruling that laid down general guidelines while resolving three separate disputes.

  • January 8, 2019

    Sporting Goods Co. Tries To Undo Asbestos Coverage Ruling

    Sporting goods maker Outdoor Sports Gear Inc. on Monday urged the Ninth Circuit to reverse a district court ruling that saddled it with costs for homeowners’ asbestos-related claims, arguing that the lower court should not have departed from a previous order in a coverage fight with the company’s buyer.

  • January 8, 2019

    Fiat Tire Defect Claims Need Trimming, Judge Says

    A Delaware federal magistrate judge on Tuesday recommended trimming some claims as time-barred in a proposed class action against Fiat Chrysler that alleges a defect in certain Chrysler and Dodge vehicles caused tires to corrode or deflate.

  • January 8, 2019

    Fire Alarm Claims Led To Explosion Damages, 3rd Circ. Told

    A New Jersey-based chemical company on Tuesday urged the Third Circuit to undo a finding that its consumer fraud claims against two fire suppression system makers actually fell under product liability law, arguing the $5 million in damages it incurred from an explosion stemmed from the companies' false claims about the effectiveness of a fire alarm.

  • January 8, 2019

    Judge Recuses Self Over Son's Job At BakerHostetler

    A Pennsylvania federal judge has recused himself out of an "abundance of caution" from an environmental contamination dispute after disclosing that his son received a job offer from BakerHostetler, which represents the steel business in the case.

  • January 8, 2019

    South Korean Actor Slams Tesla In Sudden-Acceleration Suit

    A South Korean musician and actor has pressed ahead with allegations that Tesla sold vehicles that suddenly accelerated without warning and hit the electric automaker with new claims of slander and defamation for suggesting he used his celebrity status to gain a payout, according to an amended complaint filed in California federal court Monday.

  • January 8, 2019

    Del. High Court Says Union Pacific Must Pay $5.7M In Cleanup

    The Delaware Supreme Court affirmed a $5.7 million award Monday in favor of Clean Harbors Inc. and against Union Pacific Corp. over an environmental cleanup at a Kansas waste facility, saying a potentially ambiguous jury verdict form was not, in the end, overly misleading.

  • January 8, 2019

    FDA Focus: What Venable's Practice Chair Is Watching

    Claudia Lewis, co-chair of the U.S. Food and Drug Administration practice at Venable LLP, tells Law360 that she’s eagerly awaiting an FDA definition of “natural,” chafing at new limits on homeopathic products and anticipating a nationwide policy on cannabidiol, or CBD.

Expert Analysis

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • Clinical Trials: 2018 Litigation And Guidance Roundup

    Sheryl Bjork

    Last year saw significant litigation over clinical trials, as well as new proposed guidance from the U.S. Food and Drug Administration about how such trials ought to be performed — guidance that could become important in future litigation, say Sheryl Bjork and William Childs of Bowman and Brooke LLP.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • Top 5 Drug And Medical Device Developments Of 2018

    Christine Kain

    Attorneys at Faegre Baker Daniels LLP look back at the past year's most significant legal events and trends in the drug and medical device sphere, highlighting important implications for those in the industry.

  • Manufacturers Face The Rise Of Global Class Actions

    Christopher Young

    The list of countries that have enacted some form of collective litigation grows longer each year. Plaintiffs attorneys are sharing information and coordinating product liability claims, and the “global class action,” in which claims are raised in different fora and discovery shared globally, is on the rise, say attorneys with DLA Piper.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.

  • 3 Key Food And Beverage Trends To Watch In 2019

    Angela Spivey

    As we ring in the new year, attorneys with Alston & Bird LLP discuss what to expect from slack-fill litigation, partially hydrogenated oil-related lawsuits, and the messy regulatory landscape of cannabidiol and THC edibles.

  • 5 Most-Read Legal Industry Guests Of 2018

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    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.

  • 10 Most-Read Product Liability Law360 Guests Of 2018

    Most-Read Articles

    From talc and asbestos rulings to the Daubert standard and drug design defect litigation, it was an interesting year for product liability attorneys.

  • How 'AV 3.0' Changed The Autonomous Vehicle Game In 2018

    Erika Jones

    In its most significant 2018 guidance on the design, testing and deployment of driverless vehicles, the U.S. Department of Transportation articulated core regulatory principles that aim to prioritize safety, maintain technological neutrality and promote nationwide consistency, say Erika Jones and Linda Rhodes of Mayer Brown LLP.