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Product Liability

  • August 16, 2018

    Georgia-Pacific Affiliate’s Ch. 11 Slammed As ‘Sham’

    Georgia-Pacific affiliate Bestwall LLC’s bankruptcy is a “sham” and a “farce” designed to wall off its parent company from exposure to asbestos claims, a committee of asbestos claimants said Wednesday in seeking to get the case dismissed.

  • August 16, 2018

    8th Circ. BNSF Ruling Clarifies Federal Preemption

    The Eighth Circuit’s recent finding that BNSF Railway Co. can sue a seat manufacturer over an engineer’s injury clarifies that state law claims based on federal safety standards don’t upend the national uniformity in railroad regulations that has long been protected by federal law, experts say.

  • August 16, 2018

    DEA To Cut Drugmaker Production Of Most-Abused Opioids

    The U.S. Drug Enforcement Administration on Thursday moved to curtail drugmaker production of the most commonly abused prescription opioids, saying the cut will inhibit illicit sales of narcotic painkillers.

  • August 16, 2018

    NY Appeals Court Halts New York Islanders Asbestos Claims

    A New York state appeals panel on Wednesday upheld the bulk of the dismissal of a Nassau Coliseum employee’s suit against New York Islanders Hockey Club and Nassau County alleging that he had sustained lung injuries from working at the arena, finding that he filed the suit too late.

  • August 16, 2018

    Insurer Seeks To Duck Lumber Liquidators' $36M Settlement

    St. Paul Fire and Marine Insurance Co. sued policyholder Lumber Liquidators on Wednesday over coverage for $36 million worth of recently proposed settlements regarding defect claims, including over allegedly formaldehyde-laden wood flooring.

  • August 16, 2018

    DOT Can't Stop Ex-Engineer From Being Deposed, Judge Says

    A New York federal judge on Thursday said a former government engineer can be deposed by investors in a securities class action claiming Fiat Chrysler lied over its alleged use of emissions-cheating devices in its vehicles, disagreeing with the U.S. Department of Transportation that its regulations could prevent an ex-government employee's testimony.

  • August 16, 2018

    Monsanto's $289M Roundup Loss Ripples Across Industries

    A California jury’s decision last week to award a retired groundskeeper $289 million against Monsanto in a Roundup cancer trial is certain to unleash a torrent of new litigation against the agri-giant, experts tell Law360, and the massive award for a product with “potential risks” could spur failure-to-warn litigation more broadly.

  • August 16, 2018

    Finnish Co. Can't Dodge Arbitration Over Engine Failure

    A Texas federal judge has refused to break up arbitration launched by an insurer over a malfunctioning power plant engine, saying it's up to an International Centre for Dispute Resolution panel to decide whether a Finnish engine seller must arbitrate the claims.

  • August 16, 2018

    Athenex Pharma OK'd To Intervene In Par Suit Against FDA

    A D.C. federal judge has cleared pharmaceutical company Athenex Pharma Solutions LLC to intervene in Par Pharmaceutical's suit accusing the U.S. Food and Drug Administration of improperly letting compounding pharmacies sell cheaper copycats of its blood pressure drug vasopressin.

  • August 16, 2018

    Buchalter Adds 2 Attys To Corp., Litigation Groups In LA

    Buchalter PC’s Los Angeles office has added two new attorneys as shareholders, one from Clark & Trevithick AP and one from Rimon Law, entering the firm’s corporate and litigation practice groups, respectively.

  • August 16, 2018

    NJ High Court Centralizes Some J&J Hernia Mesh Lawsuits

    The New Jersey Supreme Court has signed off on the centralized management of state lawsuits involving claims that a certain Johnson & Johnson hernia mesh product was defective and seriously injured consumers, while declining to consolidate cases dealing with similar devices.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 16, 2018

    Rising Star: Greenberg Traurig's Marcella Ducca

    Greenberg Traurig LLP shareholder Marcella Ducca’s expertise in women’s health products, particularly her work for Bard in the massive transvaginal mesh litigation, has landed her a spot among the five product liability attorneys under 40 on Law360’s list of Rising Stars.

  • August 15, 2018

    Atty Asks Ill. Justices To Disbar Him For Faking $4M Deal

    An Illinois attorney who’s accused of lying to clients for years about the status of their lawsuits, including when his law license was already suspended, has asked to be disbarred by the state’s Supreme Court.

  • August 15, 2018

    NY, Calif. L'Oreal Keratin Classes Get Partial Cert.

    A federal judge Wednesday granted partial certification to New York and California classes in false advertising litigation against L'Oreal USA Inc. over a shampoo and two related hair products, denying some class claims and a nationwide class because they turned on whether consumers relied on the alleged misrepresentations, which can only be determined individually.

  • August 15, 2018

    Insurers Sue RV Maker After 'Spontaneous Fire' In Vehicle

    Recreational vehicle manufacturer Newmar Corp. removed to federal court Wednesday claims brought by four insurance companies seeking reimbursement for coverage of payments they made to vehicle owners after an RV made by Newmar spontaneously burst into flames and damaged other vehicles at a Florida storage facility.

  • August 15, 2018

    Insurer Off Hook In Texas Employment Appeal

    A Texas appeals court on Wednesday blessed the win of insurer Texas Mutual in an underlying dispute over coverage for a policyholder whose employee sued after being injured in the course of railroad work.

  • August 15, 2018

    Consumers Seek To Restart Kind Bar False Labeling Suit

    Consumers in a proposed class action claiming that Kind LLC falsely advertises its products as non-GMO on Wednesday asked a federal New York judge to unpause the litigation, saying there’s no telling when the federal government will set a national standard for genetically modified food disclosures.

  • August 15, 2018

    Ford Should Escape Punitives In Asbestos Suit, Judge Says

    Ford should not face punitive damages in a longtime car and aircraft mechanic’s asbestos injury suit, a Delaware federal magistrate judge recommended Wednesday, saying the mechanic hasn’t presented plausible evidence that Ford acted egregiously in including asbestos in components.

  • August 15, 2018

    Pratt & Whitney Hit With Defective Military Engine FCA Suit

    Pratt & Whitney and its parent United Technologies Corp. sold the U.S. military tens of millions of dollars in defective fighter jet engines, unnecessarily exposing military pilots to the risk of catastrophic engine failures, according to a whistleblower False Claims Act complaint unsealed Wednesday in Connecticut federal court.

Expert Analysis

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • An Upgrade For Expert Evidence Standards In New Jersey

    James Beck

    In the Accutane litigation, the New Jersey Supreme Court just unanimously upgraded the state’s standards for admission of expert testimony. This decision may finally break the back of the long-running — and scientifically bogus — Accutane litigation that has plagued New Jersey courts, says James Beck of Reed Smith LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • 3D Gun Legality After Defense Distributed Settlement, Ruling

    Kelsey Wilbanks

    A month after the U.S. Department of Justice reached a settlement allowing Defense Distributed to legally publish and share its 3D printable gun files on the internet, a Washington federal court granted a preliminary injunction. The reach of permissible file sharing for do-it-yourself plastic guns in the age of 3D printing just took an unexpected turn, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.