We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Product Liability

  • October 15, 2018

    Opioid MDL Needs Gov't Docs To Advance, Drugmakers Say

    Opioid makers and pharmacies on Monday backed a special master's ruling that requires local governments suing drugmakers in multidistrict litigation over the opioid epidemic to identify hundreds of prescriptions, saying that so far they've borne the brunt of coughing up discovery information.

  • October 15, 2018

    RJ Reynolds Hit With $43M Verdict In Lung Cancer Trial

    A Boston jury has awarded $43.1 million in damages after finding that the blame for a man’s fatal lung cancer lay with R.J. Reynolds but not with rival tobacco company Philip Morris or an auto parts firm accused of selling asbestos-laden brakes.

  • October 15, 2018

    Ex-NECC Workers Blame Boss In Fraud Case

    ​Attorneys for six former New England Compounding Center employees accused of misleading regulators about the workings of the facility whose tainted drugs caused a deadly meningitis outbreak placed the blame on the workers' boss​ in statements to a Boston federal jury Monday.

  • October 15, 2018

    Colo. Climate Suit Belongs In Federal Court, Oil Cos. Say

    A Colorado federal judge should follow the lead of federal judges in California and New York and keep a suit lodged by two Colorado counties and a city seeking climate change-related infrastructure damages in federal court, ExxonMobil and Canada's Suncor Energy Inc. said Friday.

  • October 15, 2018

    Energy Drink Falsely Touts Nutritional Supplements, Suit Says

    A consumer has launched a putative class action against energy drink maker Vital Pharmaceuticals Inc. in Illinois federal court, alleging the company’s Bang energy drinks contain none or only small amounts of the nutritional supplement ingredients claimed on the label.

  • October 15, 2018

    Chicago Suburb Says Utilities Should Fund Hazard Study

    A Chicago suburb told an Illinois federal court that enough evidence had accumulated to force Northern Illinois Gas Co. and Commonwealth Edison Co. to fund a study into the dangers allegedly posed by their abandoned pipelines leaking hazardous waste into the environment.

  • October 15, 2018

    Drivers Urge Court To Keep Economic Claims In Air Bag Case

    A group of drivers seeking economic damages against four car companies over the use of defective Takata Corp. air bags urged a Florida federal court on Friday not to dismiss their claims, saying they overpaid for cars they were told were safe but which in reality had a dangerous defect.

  • October 15, 2018

    Justices Asked To Revive Va. Consumers' Hyundai Gas Claims

    Virginia consumers have asked the U.S. Supreme Court to reinstate their claims that Hyundai Motor America Inc. misrepresented the fuel economy of its Elantra cars, saying the Fourth Circuit overstepped in tossing them, since they were already preserved in broader multidistrict litigation in California being reviewed by the Ninth Circuit.

  • October 15, 2018

    US Can't Avoid Trial In Kids' Climate Change Suit

    An Oregon federal judge on Monday refused the federal government's bid to end a lawsuit accusing it of failing to protect future generations from the effects of climate change, saying the 21 children who lodged the suit have made a strong enough case to have their claims contested at trial later this month.

  • October 15, 2018

    Starbucks Wins Last-Minute Stay Of Prop. 65 Penalties Trial

    A California appeals court issued a last-minute stay of Monday's scheduled trial to determine what penalties Starbucks Corp. and other coffee roasters owe for violating cancer-warning statute Proposition 65, after the roasters asked to wait until the state agency enacting the propositon finalizes a proposed rule saying coffee needs no cancer warnings.

  • October 15, 2018

    Sherwin-Williams, ConAgra Denied Cert In Lead Cleanup Suits

    The U.S. Supreme Court on Monday denied appeals by Sherwin-Williams, ConAgra and NL Industries seeking to overturn public nuisance judgments that held the companies liable for millions in remediation stemming from lead paint usage from decades before.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men.

  • October 12, 2018

    Del Monte Veggie Trays Caused Outbreak, Customer Claims

    Del Monte has been hit with a suit in Wisconsin federal court over an outbreak of cyclospora that a customer claims was caused by vegetable trays produced by the company.

  • October 12, 2018

    Landowners' Counsel DQ'd In Okla. Pollution Suit

    An Oklahoma federal judge has disqualified an entire law firm from a pollution case against Kinder Morgan in which one plaintiff-side lawyer formerly working on it had a conflict from a seven-year-old matter.

  • October 12, 2018

    9th Circ. Revives Suit Over MusclePharm Protein Labeling

    The Ninth Circuit on Friday revived a putative class action alleging supplement maker MusclePharm Corp. mislabeled the protein content of an Arnold Schwarzenegger-branded supplement, saying the plaintiff can claim the company misrepresented the source of the protein.

  • October 12, 2018

    Breaking Down The Prop 65 Trial That Has Starbucks On Edge

    On Monday, dozens of companies that sell coffee in California will try to convince a California judge that they shouldn’t pay any penalties for violating the state’s cancer-warning statute Proposition 65, in the final phase of a long-brewing case about the presence of the chemical acrylamide in coffee. Here, Law360 takes a look at the case in advance of the trial.

  • October 12, 2018

    US Appeals To 9th Circ. To Stay Kids' Climate Change Suit

    The federal government urged the Ninth Circuit on Friday to delay a suit accusing it of failing to protect future generations from the effects of climate change pending a U.S. Supreme Court appeal, doubling down on a stay request to the district court as the scheduled trial date approaches.

  • October 12, 2018

    10th Circ. Tosses Dow Pollution Class Attys' Fee Appeal

    The Tenth Circuit has rejected a bid by three individual class counsel to snag a share of $150 million in attorneys' fees paid as part of a $375 million settlement with Dow Chemical Co. and another company in a nuclear pollution lawsuit.

  • October 12, 2018

    FDA Seeks Marketing Info From More E-Cig Makers

    The U.S. Food and Drug Administration on Friday asked 21 e-cigarette companies, including the makers and importers of Vuse Alto and myblu, to cough up information about whether more than 40 products are being illegally marketed.

Expert Analysis

  • No Injury Means No Standing For A Talc Plaintiff

    Steven Boranian

    Last month, the Third Circuit affirmed the dismissal of a plaintiff's case against Johnson & Johnson over talcum powder. The plaintiff used the product with no ill effect, and alleged no defect, injury or disease. The Third Circuit was correct in finding that she simply lacked any standing to sue, says Steven Boranian of Reed Smith LLP.

  • Opinion

    Time To Jump-Start Stalled Autonomous Vehicle Regulation

    Tod Northman

    While consumer advocate Ralph Nader is right to express concern over proposed driverless car legislation, his premise that lawmaking is moving too fast is wrong. The real problem is that lawmaking is not moving at all, say Tod Northman and Chris Pantoja of Tucker Ellis LLP.

  • The Evolution Of Conspiracy Personal Jurisdiction

    Tucker Blaser

    The "conspiracy theory" of personal jurisdiction has been inconsistently applied across state and federal courts. It has yet to be addressed by the U.S. Supreme Court, but if it does prevail, mass tort venues will experience significant impacts, say Tucker Blaser and Bryce Pfalzgraf of Brown & James PC.

  • Product Liability For Online Marketplaces And Car-Sharing

    Steven Kramer

    Just as Amazon and other online retail intermediaries have raised new product liability questions, similar questions are being asked about companies that provide short-term vehicle rentals. The legal theories that insulate online marketplaces from strict product liability concerns can also be applied to car-sharing businesses, says Steven Kramer of Eckert Seamans Cherin & Mellott LLC.

  • Federal Courts Diverge On Bristol-Myers And Class Actions

    Christopher Murphy

    Federal courts have been wrestling with whether the U.S. Supreme Court's Bristol-Myers Squibb decision applies to class actions in federal court. A class action defendant must carefully analyze the forum court's interpretation of Bristol-Myers, say Christopher Murphy and Elizabeth Rowe at McDermott Will & Emery LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • And Now A Word From The Panel: An MDL Breakup

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation issued a decision separating and remanding an individual plaintiff's claims from an ongoing data breach MDL. Practitioners should note this example of the panel's power to break up an MDL and sever claims that, in its view, do not belong in such a proceeding, says Alan Rothman of Arnold Porter.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.