Product Liability

  • April 17, 2018

    Mashed Potatoes Buyers Can't Believe It's Not Butter

    The distributor of Diner’s Choice mashed potatoes prominently advertises that the food is made with “real butter” when it unexpectedly contains margarine as well, according to a proposed class action filed in New York federal court Monday.

  • April 17, 2018

    AO Smith, Peerless, Burnham Hit With $60M Asbestos Verdict

    A New York state jury has awarded $60 million to the family of a worker who died from mesothelioma after he was exposed to boilers that contained asbestos manufactured by A.O. Smith Corp., Burnham LLC and Peerless Industries Inc.

  • April 17, 2018

    NJ Woman Sues Panera Over Contaminated Salad

    A woman who fell deathly ill after eating a Panera Bread Co. salad that was purportedly contaminated in the course of a multistate E. coli outbreak hit the fast-casual chain and its lettuce supplier, Freshway Foods Inc., with a product liability suit in New Jersey federal court Monday.

  • April 16, 2018

    Why BigLaw’s Partnerships Are Shrinking

    BigLaw’s brass ring has grown more elusive in recent years, Law360 data shows, and experts say a number of potentially market-changing forces may be at work.

  • April 16, 2018

    Dropping Ranks: Andrews Kurth’s Pre-Merger Dip

    Andrews Kurth Kenyon saw a more than 12 percent drop in headcount in the year before its February merger with Hunton & Williams — a story experts expect to become familiar for regional firms in Texas.

  • April 16, 2018

    Dropping Ranks: Lathrop’s Rough Patch

    Lathrop Gage lost more than 15 percent of its attorneys in 2017. Can a new managing partner help bolster its headcount?

  • April 16, 2018

    Dropping Ranks: Stroock’s ‘Shrink To Grow’ Strategy

    De-equitized partners. Contracting offices. Declining headcount. The leaders of Stroock & Stroock & Lavan say it’s all part of the plan — a plan that’s already paying dividends.

  • April 16, 2018

    Miami Launches Suit Against Drug Cos. Over Opioid Abuse

    The city of Miami took on a handful of drug companies including OxyContin maker Purdue Pharma Inc. and distributor Walgreens with a sweeping lawsuit on Monday seeking to hold the companies responsible for their purported role in the opioid crisis.

  • April 16, 2018

    NJ High Court Urged To Consolidate J&J Hernia Mesh Suits

    Dozens of consumers have urged the New Jersey Supreme Court to consolidate state lawsuits alleging Johnson & Johnson’s multilayered hernia mesh products were defective and caused serious injuries, saying the common issues and the large number of parties warranted such centralized management.

  • April 16, 2018

    Seeger Weiss Slams Locks Law Over NFL Concussion Deal

    One of the NFL concussion settlement's lead attorneys, Chris Seeger of Seeger Weiss LLP, on Friday accused Locks Law Firm, which is seeking more authority in its administration, of "Monday morning quarterbacking” by raising meritless complaints that are already being dealt with or are simply at odds with its terms.

  • April 16, 2018

    Enviros Say Court Got Exxon $20M Pollution Ruling Right

    The Sierra Club and Environment Texas Citizen Lobby Inc. on Friday told the Fifth Circuit that it should uphold a $20 million Clean Air Act penalty against ExxonMobil Inc., saying the energy giant is incorrectly arguing their members lack grounds to sue over years of air pollution.

  • April 16, 2018

    Players' Concussion Opt-Out Claims Preempted, NFL Argues

    The National Football League told a Pennsylvania federal judge during oral arguments Monday that a string of collective bargaining agreements preempted claims being brought by players who opted out of a bottomless settlement deal aimed at resolving litigation over head injuries.

  • April 16, 2018

    Flint Crisis Suit Belongs In Michigan Court, 6th Circ. Says

    A Sixth Circuit panel ruled Monday that a proposed class action against current and former employees of Michigan’s Department of Environmental Quality over the Flint lead-tainted water crisis belongs in the Michigan Court of Claims.

  • April 16, 2018

    Trader Joe's Fruit Bar Ingredients Are Misleading, Suit Says

    Trader Joe’s was hit with a proposed class action in New York federal court Saturday accusing the retailer of misleading consumers about its fruit bars by listing two types of fruits as the products’ only ingredients.

  • April 16, 2018

    Construction Co. Can't Arbitrate Homeowner's Defect Suit

    A Washington, D.C., homeowner doesn't have to arbitrate his defect case against a construction company and its owners after they failed to invoke their contractual right to arbitration in a timely manner, a D.C. Circuit panel ruled Monday.

  • April 16, 2018

    Justices Refuse To Weigh Remand Of Flint Water Crisis Suit

    The U.S. Supreme Court on Monday said it will not review a Sixth Circuit ruling directing that a proposed class action Flint residents brought against Michigan environmental officials over the water crisis there be returned to state court.

  • April 16, 2018

    J&J Won't Get High Court Look At FCA 'Particularity' Rule

    The U.S. Supreme Court declined Monday to review the First Circuit's revival of a False Claims Act case against Johnson & Johnson, once again punting on the long-simmering issue of how precisely FCA suits must describe fraudulent billing.

  • April 16, 2018

    Electrolux Again Wins Trim Of Overheating-Oven Suit

    A California federal judge on Friday tossed for a second time claims of violations of California consumer protection laws from a proposed class accusing Electrolux Home Products Inc. of manufacturing faulty ovens, finding consumers didn’t demonstrate they saw any misrepresentations about the oven before purchasing it.

  • April 16, 2018

    Supreme Court Seeks Gov't View Of Gilead FCA Case

    The U.S. Supreme Court on Monday called for the Trump administration’s views in a major False Claims Act case involving Gilead Sciences Inc., suggesting that the high court may soon revisit its landmark Escobar decision.

  • April 13, 2018

    Law360 Reveals 400 Largest US Firms

    The annual Law360 400 ranks the largest U.S.-based law firms and vereins with a U.S. component by domestic attorney headcount.

Expert Analysis

  • Who's Liable For A Crash When It's The Car Driving?

    Jim Jordan

    In a fully autonomous vehicle, a passenger's reaction to a traffic emergency is as irrelevant as her ethical calculations about potential injuries to herself and others. But if she agreed in advance to the safety protocols in the vehicle's programming, could she share liability in an accident? No one knows the answer yet, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • The Time Is Right For New Jersey To Adopt Daubert

    Timothy Freeman

    The New Jersey Supreme Court may soon decide whether to adopt the Daubert standard for admissibility of expert witness testimony. The searching inquiry into the reliability of proffered expert testimony that is required by Daubert protects the integrity of the jury system by ensuring that jurors are not misled by unreliable evidence, says Timothy Freeman of Tanenbaum Keale LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • What To Do After A Product Recall

    Derin Kiykioglu

    If a company facing a product recall has managed it effectively, the hardest part is probably over. But there are four key strategies companies should keep in mind to restore order and maintain brand loyalty following a recall, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do Before A Product Recall

    Derin Kiykioglu

    Any company — no matter how well-run — may experience a consumer product recall. Managing recall risk is as much about being ready to respond to recalls properly as it is about preventing them, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Innovator Liability Is The Least Scary Thing About Rafferty

    Terry Henry

    Rafferty v. Merck, the recent decision from the Supreme Court of Massachusetts, held that a brand drug manufacturer can be liable for harm caused when a patient takes a generic version of its drug. A particularly troubling aspect of Rafferty is that the court buried the learned intermediary doctrine, says Terry Henry of Blank Rome LLP.

  • Innovator Liability: A Pandora’s Box For Pharma Cos.?

    Monee Hanna

    A number of state high courts have recently held brand-name prescription drug manufacturers liable for inadequate labeling claims brought by patients who took generic equivalents. While only a few states have endorsed this doctrine, the trend may be growing, say Monee Hanna and Nicholas Janizeh of Tucker Ellis LLP.

  • There Is A Cognitive Science Behind Big Jury Verdicts

    Dennis.Stolle

    In most trials with large verdicts, the jury award is determined by multiple factors, including the facts of the case, strength of evidence, bias, emotion and jury instructions. However, we should not disregard the effect on jurors of the cognitive limits conceptualizing large numbers, say Dennis Stolle and Amit Patel of ThemeVision LLC, a jury research and litigation consulting firm affiliated with Barnes & Thornburg LLP.