Product Liability

  • February 14, 2018

    Ford Gets Claims Trimmed In Faulty Screen Class Action

    With a May trial ahead on class claims alleging Ford Motor Co. sold vehicles with faulty touch screens to over 500,000 drivers, a California federal judge on Wednesday pared class claims for two states, leaving eight state classes and others in the litigation.

  • February 14, 2018

    Feds Want 11-Year Sentence For Armored Truck Fraudster

    Federal prosecutors on Wednesday urged a Virginia federal judge to sentence the CEO of a now-defunct military contractor to more than 11 years in prison for providing faulty armored trucks under federal contracts, arguing the tough sentence is warranted since the fraud endangered lives of American soldiers.

  • February 14, 2018

    Deals Rumor Mill: Healthineers, Blackstone, Takata

    Siemens is reportedly pocketing all the proceeds from the IPO of its Healthineers unit, several banks are in talks to aid a financing effort related to the Blackstone-Thomson Reuters deal and automakers are helping Takata resolve its bankruptcy by giving millions to those hurt by its deadly air bag inflators.

  • February 14, 2018

    Things To Know About The New Rail, Trucking Agency Chiefs

    The U.S. Senate confirmed U.S. Department of Transportation nominees late Tuesday, including the heads of the nation's rail safety regulator and the nation's commercial motor vehicle safety regulator, filling key leadership positions amid heightened safety concerns following several high-profile accidents. Here are a few things to know about the newly confirmed officials.

  • February 14, 2018

    Pfizer Says Insurers Owe $30M For Off-Label Marketing Suit

    Pfizer Inc. is seeking $30 million in coverage from a trio of insurers for the settlement of a $400 million shareholder suit over off-label marketing, alleging the insurers are wrongly tying the dispute to unrelated cases, in a suit the insurers sought to remove to Delaware federal court Tuesday.

  • February 14, 2018

    5th Circ. Affirms $81M Damages In Citgo Spill Row

    Citgo Petroleum Corp. lost its bid to overturn an $81 million Clean Water Act penalty tied to a 2006 oil spill when a split Fifth Circuit found Wednesday the Louisiana district court hadn't erred in calculating how the oil company could have prevented the damage.

  • February 14, 2018

    Zimmer Reaches Tentative Settlement In Knee-Implant MDL

    Zimmer Inc. and consumers in multidistrict litigation over alleged defects in NexGen knee implants told an Illinois federal judge this week that they’ve reached a settlement in principle to potentially end the nearly seven-year-old case.

  • February 14, 2018

    Fla. Appeals Court Affirms $2M Award For Smoker's Widower

    A Florida appeals court on Wednesday affirmed a $2 million award to a man who sued tobacco companies R.J. Reynolds and Philip Morris on behalf of his late wife who died of lung cancer, and allowed the widower to pursue punitive damages as well.

  • February 14, 2018

    Nissan Launches Broadside Against Faulty-Transmission Suit

    Nissan North America Inc. has asked an Alabama federal judge to throw out or trim down a proposed class action over transmission problems in thousands of its vehicles, saying the suit centers on an alleged design defect not covered by warranties and has other issues.

  • February 14, 2018

    Ex-Kilpatrick Townsend Enviro Atty Joins Nelson Mullins

    Nelson Mullins Riley & Scarborough LLP has hired an environmental attorney from Kilpatrick Townsend & Stockton LLP to boost its capabilities to advise clients in various industries on regulatory compliance and counseling, the firm announced Monday.

  • February 14, 2018

    Dunkin’ Donuts Consumers Fight To Keep Angus Steak Claims

    A group of Dunkin’ Donuts customers who say their Angus steak sandwiches didn’t include steak — just ground beef plus filler — urged a New York federal judge on Tuesday to reject the company's dismissal bid, disputing that they should have consulted ingredient lists.

  • February 14, 2018

    Poultry Farm Seeks Sanctions For ‘Knowingly False’ Claims

    One of the largest poultry producers in the United States asked a California federal judge on Tuesday to dismiss a suit from three nonprofits, along with other sanctions, due to "salacious" and "outlandish" allegations made based on U.S. Department of Agriculture test data the company claims was knowingly misrepresented.

  • February 14, 2018

    General Mills Buyers Fight To Preserve Labeling Row

    General Mills consumers accusing the company of misrepresenting its sugary cereals and bars as healthy urged a California federal court Tuesday to keep the proposed class action alive, saying the claims are not preempted and not based on puffery.

  • February 13, 2018

    BMW Driver Tells 9th Circ. Noisy Brakes Are Safety Concern

    A BMW driver told the Ninth Circuit on Tuesday that the noise generated by his car’s squealing brakes poses a safety concern the company had a duty to disclose, and urged the court to revive his fraud class action.

  • February 13, 2018

    10th Circ. Axes Insurers' Power Plant Defect Coverage Win

    Black & Veatch Corp. can pursue up to $25 million in coverage from a pair of insurers for construction defects at four power plants, a split Tenth Circuit panel ruled Tuesday, upending a lower court's decision by predicting that New York's high court would find that damages resulting from a subcontractor's shoddy work are a covered occurrence.

  • February 13, 2018

    Sherwin-Williams Deck Coatings Don't Hold Up, Suit Says

    Paintmaker Sherwin-Williams was sued Tuesday by an Illinois homeowner who says its deck sealants can fail within months and that her own deck was left in worse shape than before after she twice applied a Sherwin-Williams sealant and it twice failed.

  • February 13, 2018

    11th Circ. Asked To Rehear Amgen, Pfizer Win In Enbrel Suit

    The Eleventh Circuit failed to consider several issues when it ruled in favor of Amgen Inc., Pfizer Inc. and Wyeth Inc. in a lawsuit brought by a woman claiming their arthritis drug, Enbrel, caused severe infections, according to a motion for rehearing filed Monday.

  • February 13, 2018

    Gerber Buyers Denied Cert. In Baby Food False Ad Suit

    A California federal judge on Tuesday declined for a second time to certify a class of consumers accusing Gerber Products Co. of misbranding baby food, saying the company already changed the disputed labels and the proposed damages models are flawed.

  • February 13, 2018

    Teva Exits Philly Reglan Mass Tort With Settlement

    A Pennsylvania state court judge has approved a confidential settlement that puts an end to all claims against Teva Pharmaceuticals and its subsidiaries in the mass tort proceeding over the digestion drug Reglan, substantially winnowing the number of overall outstanding claims.

  • February 13, 2018

    FDA Warning Wire: Bayer's Botched Batches

    This week's roundup of U.S. Food and Drug Administration warning letters is headlined by a rebuke of Bayer AG over contaminated drugs, discarded training records and unreported lab data about undersized or oversized tablets. Here's a look at the FDA's latest smackdowns.

Expert Analysis

  • 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.

  • Series

    What I Learned In My 1st Year: A Judge's Example

    M.C. Sungaila

    Law school taught me how to think like a lawyer, but the district court judge I clerked for my first year out of law school taught me how to be a lawyer. This was the gift she gave to all of her law clerks, in one form or another, says M.C. Sungaila of Haynes and Boone LLP.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • No Consensus On Conspiracy Theory Of Personal Jurisdiction

    Jack Figura

    Courts are divided — and the U.S. Supreme Court has yet to rule — on whether the conspiracy theory of personal jurisdiction is proper under due process requirements. But it is reasonable to expect that sooner or later the high court will narrow the permissible reach of this theory, says John P. “Jack” Figura of Norton Rose Fulbright.

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.