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Product Liability

  • 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.

  • October 12, 2018

    Insurer Loses Appeal Bid Over Firefighter Hearing Coverage

    Admiral Insurance Co. has lost its bid to have the Pennsylvania Supreme Court review a decision forcing it to contribute to Seagrave Fire Apparatus Inc.'s defense in nearly 500 lawsuits from firefighters over hearing loss allegedly linked to Seagrave equipment.

  • October 12, 2018

    Manning Gross, Kurowski Shultz To Join Forces In January

    National litigation firms Manning Gross & Massenburg LLP and Kurowski Shultz LLC have announced they will join forces starting next year.

  • October 11, 2018

    Ex-NECC Owner’s Income Fair Game At Meningitis Trial

    Federal prosecutors can tell a Boston jury about the income of a former part-owner and director of the shuttered New England Compounding Center linked to a fatal outbreak of fungal meningitis, a judge ruled Thursday, denying his motion that argued the information would appeal to jurors’ class bias in the trial of six NECC employees that begins Monday.

  • October 11, 2018

    Work Instruction Gaps Led To Gas Explosions, NTSB Says

    The September gas explosions that rocked three communities north of Boston, killing one person and injuring 21, were caused by gaps in construction work orders prepared by NiSource Inc.’s subsidiary Columbia Gas, the National Transportation Safety Board said Thursday.

  • October 11, 2018

    Co. Has Duty To Asbestos Worker's Family, Va. Court Finds

    Employers do owe a duty to family members of workers who may face exposure to asbestos through the workers’ clothing, the Virginia Supreme Court said Thursday in deciding a certified question sent from Virginia federal court.

  • October 11, 2018

    Drug Cos. Sold Contaminated Blood Pressure Meds, Suit Says

    A proposed class of consumers hit Solco Healthcare U.S. LLC and Prinston Pharmaceutical Inc. with a lawsuit Thursday in New Jersey federal court claiming the companies violated consumer fraud laws by selling a drug used to treat high blood pressure and heart failure that was contaminated with a potentially cancer-causing substance.

  • October 11, 2018

    Ford Knowingly Sold Defective Brake Systems, Suit Says

    Ford Motor Co. sold trucks with defective braking systems that it knew posed a serious risk to drivers, ultimately requiring many of them to pay out-of-pocket for necessary repairs, according to a proposed class action filed Thursday in Michigan federal court.

Expert Analysis

  • 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.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Muddy Road Ahead For Autonomous Vehicle Liability In EU

    Anna Masser

    The product liability regimes related to driverless cars in various European countries remain far from harmonized, and lawmakers trail behind the fast-moving reality. As the European Commission works to update the European Product Liability Directive, evolving legal definitions of "producer," "product" and "defect" will be vital for the industry, say attorneys with Jones Day.