Product Liability

  • December 11, 2017

    VW Says Owners Who Sold Cars Pre-Scandal Have No Claim

    Volkswagen AG and Bosch on Friday asked a California federal court to ax claims by a proposed class of drivers who offloaded their diesel cars before the diesel emissions scandal broke in September 2015, saying they didn’t suffer a loss in retail value for their vehicles.

  • December 11, 2017

    Noted Medical Malpractice Defense Atty Joins Dorf & Nelson

    A former Martin Clearwater & Bell LLP medical malpractice attorney has joined Dorf & Nelson LLP as a partner and will head its medical malpractice defense group in New York, the firm announced Monday.

  • December 11, 2017

    Endo Escapes Faulty Pelvic Mesh Suit On Appeal

    An Illinois appeals court on Friday tossed a suit accusing Endo Pharmaceuticals and its subsidiary American Medical Systems Inc. of manufacturing faulty pelvic mesh products, finding the suit doesn’t belong in an Illinois court.

  • December 11, 2017

    Enviros Sue Chem Safety Board Over Accident Report Rules

    Environmentalists have sued the U.S. Chemical Safety and Hazard Investigation Board, alleging the agency has failed to publish regulations for accidental chemical-release reporting as required by the Clean Air Act.

  • December 11, 2017

    1st Circ. Won't Revive $28M Monsanto PCB Liability Suit

    Monsanto Co. and its Pfizer Inc.-owned successor couldn’t have known polychlorinated biphenyls cause cancer in 1969, so they don’t have to face a $28 million lawsuit from a Massachusetts town over PCB contamination, the First Circuit said Friday.

  • December 11, 2017

    Judge Bars Consolidated Claims In GM Ignition Switch MDL

    A New York federal judge on Friday said that he will no longer allow the filing of consolidated complaints on behalf of multiple people bringing personal injury or wrongful death claims in the multidistrict litigation over General Motors LLC ignition switches that allegedly caused vehicles to abruptly lose power.

  • December 11, 2017

    FDA Issues Final Guidance On Drug Names In Ads

    The U.S. Food and Drug Administration on Monday released final guidance laying out its recommendations for how product names are displayed on advertising and promotional labeling for prescription drugs, and proposed to study how consumers and health care providers spot deceptive ads.  

  • December 11, 2017

    Uber Settles Privacy Suit With Woman Raped By Driver

    Uber Technologies Inc. agreed Friday in California federal court to an undisclosed settlement to end allegations that executives improperly shared the medical records of a woman who was raped by one of the company’s drivers in India.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Travelers Can't Ditch Defense Coverage Suit Over PCB Claims

    Travelers Indemnity Co. can’t shut down a potentially billion-dollar coverage dispute with Magnetek Inc. just because the plaintiff failed to add another company as a defendant, an Illinois federal court ruled Thursday, meaning the insurer will have to win on the merits to avoid being drawn into an underlying suit by Monsanto Co.

  • December 8, 2017

    Hockey Teens Stick Del. Rink Operator With Toxic Fume Suit

    Two 13-year-old hockey players swung a lawsuit on Thursday against a skating club and a Zamboni repair business in New Jersey federal court over claims they suffered carbon monoxide poisoning when a defective vehicle was used to resurface ice during a tournament at the Delaware facility this year.

  • December 8, 2017

    NJ High Court OKs Roche's Bids To Review Accutane Rulings

    Hoffmann-La Roche Ltd. has convinced the New Jersey Supreme Court to review two state appellate decisions related to the company's acne medication Accutane, with the justices agreeing to consider rulings over the adequacy of the drug's label and the admissibility of expert testimony.

  • December 8, 2017

    Texas High Court Won't Hear $2.2B Payout Deduction Dispute

    The Supreme Court of Texas on Friday declined to take up Owens Corning’s challenge to a Texas appellate court ruling that found the manufacturer could not deduct from its business taxes a $2.2 billion payment made as part of an asbestos product liability settlement.

  • December 8, 2017

    MLB Fans Strike Out At 9th Circ. In Safety Netting Row

    The Ninth Circuit on Friday refused to revive a suit from two Major League Baseball fans demanding extended safety nets at ballparks, finding their standing argument fell short because they weren’t likely to be injured by foul balls or thrown bats in the future.

  • December 8, 2017

    Judge Won’t Hold Order To Kill Climate Suit Against Peabody

    A Missouri bankruptcy judge won’t hold off on his order forcing two California counties and a city to drop post-bankruptcy Peabody Energy from their case against a group of oil, gas and coal companies alleging they are responsible for billions in climate change-related damages.

  • December 8, 2017

    State-Based Volvo Sunroof Classes Still Need Definition

    Drivers alleging Volvo Car Corp. sold vehicles with defective sunroofs must take another stab at getting their proposed state-based subclasses certified because they’re too poorly defined to meet the ascertainability requirement for the lawsuit to advance, a New Jersey federal judge said Wednesday.

  • December 8, 2017

    Dunkin’ Can't Escape Suit Over Faux Berry Doughnuts

    An Illinois federal judge on Thursday allowed a Dunkin’ Donuts customer to go forward with his claim the chain duped him into buying an artificially flavored blueberry doughnut believing it contained real berries, saying if his claims are true it was a reasonable belief.

  • December 8, 2017

    Insurer Sues For $11.7M After NY Country Club Fire

    The insurer of a New York country club that caught fire in 2014 is seeking $11.7 million from the companies that it claims caused the fire, according to a suit filed Thursday in New York state court.

  • December 7, 2017

    FDA Unveils New Policies On Digital Health Oversight

    The U.S. Food and Drug Administration on Thursday unveiled new oversight policies for digital health products, including increasingly popular software used to assist doctors in making treatment decisions.

Expert Analysis

  • 7 Ways To Take Video Depositions That Your Jury Will Like

    Jeb Butler

    Depositions are all about sound bites. You’ll either play them for the jury on video or use them for sharp, crisp impeachment. Either way, the message must be pithy and concise, says Jeb Butler of Butler Tobin LLC.

  • Expiring Soon: Temporary BPA Warning Regs Under Prop 65

    Robert Falk

    With the holidays and end of the year in mind, Robert Falk and Michael Steel of Morrison & Foerster LLP outline what food and beverage manufacturers and sellers should know before the temporary safe harbor warning for Bisphenol A exposures under California’s Proposition 65 expires at the end of next month.

  • Amarin Case Demonstrates Limits Of ITC Jurisdiction

    Matthew Rizzolo

    Last month, the U.S. International Trade Commission declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma Inc. This decision, departing from the ITC's typical practice, provides insight into the ITC's jurisdiction and deference to sister government agencies, say Matthew Rizzolo and Vladimir Semendyai of Ropes & Gray LLP.

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Why The FDA Wants To Revoke Permission For A Health Claim

    Todd Halpern

    The U.S. Food and Drug Administration recently proposed the revocation of authorization for a health claim about the relationship between soy protein and coronary heart disease. This is the first time that the FDA has proposed such an action, and it may encourage reassessment of other authorized health claims, say attorneys with Venable LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.