Product Liability

  • March 23, 2017

    German Prosecutors Probe Daimler Diesel Emissions

    A German prosecutor’s office has launched a probe into whether Daimler AG employees committed fraud over the sales of its diesel cars by faking emissions documents, according to media reports on Wednesday.

  • March 23, 2017

    Tempur-Sealy Suit May Widen Insurers' Class Action Exposure

    Tempur-Sealy International recently asked the Ninth Circuit to affirm a ruling that it is entitled to defense coverage for a putative class action alleging it downplayed the harmful effects of chemicals in its mattresses, and attorneys say a decision in the company's favor could greatly expand insurers' burden to defend against class complaints seeking only economic losses.

  • March 23, 2017

    Purina's Fish Food Killed Bass, Fish Farm Says

    An Illinois fish farm filed a property damage and product liability lawsuit Wednesday against Purina Animal Nutrition LLC, claiming its fish food, marketed as safe for largemouth bass, was actually unsafe and resulted in the substantial loss of the farm’s 360,000 fish population due to liver disease and death.

  • March 23, 2017

    Almond Milk Co. Calls False Ad Suit A Wasteful Attack

    Almond milk maker WhiteWave Foods on Wednesday struck back at a consumer’s allegations that it deceptively markets its products as a healthy alternative to dairy milk, calling the California lawsuit an “attack on the entire plant-based beverage industry” and a waste of time.

  • March 23, 2017

    Condo Cos. Insurance Fight Over Bird Poop Nixed As Moot

    An Arizona federal judge Wednesday dismissed American Family Mutual Insurance Co.’s suit against a condominium association and property manager in which the insurer was hoping to escape covering a condo owner’s alleged illness stemming from bird droppings piled up near her unit, saying the insurer waived its right to drop coverage.

  • March 23, 2017

    DOL Gets OK Of $192M Black Lung Deal With Bankrupt Alpha

    A Virginia federal judge on Wednesday put the final seal of approval on a $192 million settlement between bankrupt Alpha Natural Resources Inc. and the U.S. Department of Labor for workplace safety violations that led to black lung injuries.

  • March 23, 2017

    Anapol Weiss Opposes Attys Bid For NFL Concussion Fees

    Anapol Schwartz Weiss Cohan Feldman & Smalley PC, one of the co-lead class counsel firms in the NFL concussion settlement, on Wednesday fought back against a Minnesota lawyer's contention that he was owed some of the $112.5 million fee requested from the football players' settlement for referring them clients, saying they never agreed to share these fees and that the lawyer did not do any work to benefit the entire class.

  • March 23, 2017

    Drivers Say GM Can't Exclude Valukas Report Facts In Trials

    Drivers in multidistrict litigation over GM’s alleged ignition switch defect slammed the automaker's bid to exclude from upcoming trials a set of admissions made to the National Highway Traffic Safety Administration and the key investigatory “Valukas report,” saying Wednesday that such a move would break with prior rulings and that the evidence is critically relevant.

  • March 22, 2017

    11th Circ. Affirms $2.1M Verdict In Wright Hip Implants Suit

    The Eleventh Circuit has affirmed a $2.1 million jury verdict in favor of a patient who won the first bellwether trial against Wright Medical Technology over its allegedly defective metal hip implants, supporting the trial judge's decision to order the confused jury to conduct further deliberations.

  • March 22, 2017

    U. Of Md. Medical System Survives Med Mal Appeal

    A Maryland appellate panel on Tuesday affirmed the partial dismissal of a medical malpractice suit accusing a University of Maryland Medical System Corp. hospital of failing to prevent a man’s death from heart disease, saying the trial judge’s decision was supported by the law.

  • March 22, 2017

    Ford Sued For Alleged Defect In Shelby Racetrack Mustangs

    Car enthusiasts who were expecting to be able to race like the greats in their Shelby GT350 Mustangs from Ford Motor Co. were disappointed because of a pair of defects that cause the cars to lose speed and power mid-drive, according to a proposed class action in Florida on Wednesday.

  • March 22, 2017

    Trader Joe's Wants Tuna Class Suit Canned

    Grocery store chain Trader Joe’s Co. urged a California federal judge Tuesday to dismiss a proposed consumer class action accusing it of underfilling tuna cans, arguing that the consumers’ stated claims are overshadowed by the U.S. Food and Drug Administration’s standard for what a “reasonable consumer” understands about food labeling.

  • March 22, 2017

    USDA Beefs Up Brazilian Meat Inspections Amid Bribery Probe

    The U.S. Department of Agriculture announced on Wednesday that it will put imports of Brazilian beef under increased scrutiny until the South American nation gets to the bottom of a still-developing investigation of a bribery scheme that allegedly led to the sale of expired meat.

  • March 22, 2017

    VW, Ex-Exec Seek To Scrap Investor Claims In Emissions MDL

    Volkswagen AG and the former head of its U.S. unit urged a California federal judge to dismiss partially amended claims brought by a proposed class of investors as part of the sprawling multidistrict litigation over the automaker’s diesel emissions scandal, according to separate motions filed Tuesday and Wednesday.

  • March 22, 2017

    Pharma Slams Wash. City's Suit Over Illegal OxyContin Sales

    Purdue Pharma LP on Monday urged a Washington federal court to dismiss a Washington city’s lawsuit accusing the OxyContin manufacturer of allowing opioids to get in the wrong hands and hoping to recoup the costs of fighting addiction, saying the city can't hold it responsible for preventing illegal operations that were already known to local authorities.

  • March 22, 2017

    Intelligender Hit With Penalty In Calif. False Ad Suit

    Intelligender LLC will have to pay $250,000 in penalties to California after a state court judge found the company had falsely advertised its gender prediction test as being scientific and accurate, the San Diego City Attorney said Tuesday.

  • March 22, 2017

    FDA Says 23 Sick In Soy Nut Butter E. Coli Outbreak

    The U.S. Food and Drug Administration said Wednesday that an E. coli outbreak linked to I.M. Healthy soy nut butter has sickened 23 people in nine states, doubling the number of affected consumers from earlier this month.

  • March 22, 2017

    Breast Implants Linked To Rare Cancer, 9 Deaths, FDA Says

    The U.S. Food and Drug Administration on Tuesday said that it’s received reports of nine deaths and about 360 cases of a rare type of blood cancer linked to breast implants, siding with the World Health Organization’s finding that the disease can develop after implantation.

  • March 22, 2017

    3rd Circ. Revives Fosamax Warning Class Against Merck

    The Third Circuit Wednesday revived a class action suit claiming Merck failed to warn patients about the risk of its osteoporosis drug Fosamax causing irregular hip fractures, saying the drugmaker must prove to a jury federal regulators blocked the warning.

  • March 22, 2017

    GAO Blasts Pace Of Offshore Drilling Oversight Improvements

    Poor leadership is hamstringing the efforts of U.S. offshore drilling regulators to improve their oversight of the industry following the 2010 Deepwater Horizon disaster, the U.S. Government Accountability Office said on Tuesday.

Expert Analysis

  • Gorsuch's Views On 'Legal Tourism' Could Shift High Court

    Jan Dodd

    The confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch is scheduled for March 20. A month later, the high court will hear arguments in Bristol-Myers Squibb Company v. Superior Court of San Francisco County. Gorsuch’s Tenth Circuit record offers surprising insights into how he might rule on this and related matters, say Jan Dodd and Lesley Holmes of Norton Rose Fulbright US LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • Circuit Splits: A Hidden Trap In 'Federal Question' MDLs

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    A recent ruling in the Camp Lejeune North Carolina Water Contamination Litigation shows how multidistrict litigation venue selection can have major consequences when jurisdiction is based on a federal question. Lawyers must note that a transferee court will apply its own circuit’s law, even in defiance of local interpretation of local law in a transferor venue, say Eric Klein and Graham Zorn of Beveridge & Diamond PC.

  • Beware Unintended Consequences Of Class Action Reform

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    The U.S. House of Representatives currently has before it a bill — H.R. 985 — intended to reduce abusive class action and mass tort practices that undermine the integrity of the legal system. Class action litigation does need reform, but some features of this legislation could perpetuate existing problems and create new ones, say Anthony Anscombe and Mary Beth Buckley of Sedgwick LLP.

  • Cannabis Industry Standards: ASTM May Fill The Vacuum

    James Ravitz

    There are no uniform standards to ensure cannabis is produced and processed in a way that protects consumer health and safety. State regulators in Colorado, California and elsewhere have tried to fill the gap, but this patchwork approach is far from perfect. ASTM International's newly announced plan for cannabis industry standards could be beneficial, say James Ravitz and Emily Leongini of Arent Fox LLP.

  • China's Food Safety System In The Year Of The Rooster

    David Ettinger

    2016 may have been the Year of the Monkey, but Chinese authorities were not monkeying around with the food industry, as they tightened the regulatory reins on China's food safety management system. As the Year of the Rooster begins, multinational firms doing business in China must understand the country's new and revised food laws and regulations, say attorneys and staff at Keller & Heckman LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • What Food Cos. Can Expect From New Date Label Standards

    Anne Marie Ellis

    A number of major manufacturers have signaled their willingness to adopt new standards for date labels used on U.S. food products recently introduced by the Food Marketing Institute and the Grocery Manufacturers Association. Industry insiders anticipate widespread adoption of the standards, as they also serve as a way for food manufacturers to undermine looming federal legislation, say Anne Marie Ellis and Michael Preciado of Buchalter.