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Product Liability

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    States Push Back Against Dismissal Bids In Opioid MDL

    Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.

  • August 13, 2018

    Apple Seeks To Stop Class Action Bid Over Cracked Watches

    Apple urged a California federal judge Friday to toss a proposed class action accusing the company of selling millions of watches with defective screens that can crack or shatter, saying the watch that prompted the suit broke after the warranty expired.

  • August 13, 2018

    Opioid MDL Bellwether Trial Postponed 6 Months

    An Ohio federal judge on Monday delayed the first bellwether trial in multidistrict litigation over the opioid epidemic by nearly six months to September 2019, the latest sign that dreams of quickly resolving the epic legal battle may not be realized.

  • August 13, 2018

    San Diego Beats Monsanto Water Pollution Counterclaims

    Monsanto Co. lost a bid to flip a lawsuit over its alleged pollution of the San Diego Bay by blaming it on the city’s stormwater system when a California federal judge found that the company didn’t have standing to bring counterclaims because it suffered no direct injury from the contamination.

  • August 13, 2018

    8th Circ. Says BNSF Suit Against Seat Maker Not Preempted

    The Eighth Circuit on Monday revived BNSF Railway Co.'s breach-of-contract suit alleging Seats Inc. should be on the hook for payments to an engineer who suffered career-ending injuries from the manufacturer's allegedly defective locomotive seats, saying the railroad giant's claims are not preempted by federal law.

  • August 13, 2018

    Construction Worker's Asbestos Suit Revived By Ill. Court

    An Illinois appeals court has reinstated an injury suit claiming two companies share responsibility for a construction worker's lung cancer after entering into conspiracies to conceal the dangers of asbestos, saying Friday that a lower court was wrong to end the suit while facts were in dispute.

  • August 13, 2018

    Insurers Fight Asbestos Firm's Quick Win Bid In Payback Row

    Three health insurers have urged a federal judge in Texas to reject a bid from national asbestos law firm Shrader & Associates LLP to toss the insurers' lawsuit alleging the firm failed to pay their due out of settlement funds, saying the firm was wrong to assert they lack standing to bring the suit.

  • August 13, 2018

    9th Circ. Nixes Suit Over Frozen Burger Hydrogenated Oil

    A San Diego woman can’t sue a maker of frozen foods for putting partially hydrogenated oil in its microwaveable burger snacks, the Ninth Circuit has ruled, affirming a lower court’s decision that found she had failed to establish the practice was unfair or unlawful.

  • August 13, 2018

    GYNs Sue Cynosure Over 'Vaginal Rejuvenation' Laser

    A Rhode Island gynecological practice on Monday filed a putative class action suit in Massachusetts federal court against cosmetic laser maker Cynosure, which the practice claims has been deceptively marketing a laser system for use as a vaginal rejuvenator.

  • August 13, 2018

    State Farm Sues Amazon Over Exploding Vape Battery

    Insurer State Farm has sued Amazon and another company allegedly responsible for making a vape battery that caused a $400,000 fire in the house of one of its policyholders, according to a lawsuit removed to California federal court on Friday.

  • August 13, 2018

    Rising Star: Steptoe & Johnson's ​Jeremy Goldkind

    Steptoe & Johnson LLP partner Jeremy Goldkind has had successes defeating utility workers' suits against chemical companies and helping grieving parents make use of an untested anti-terrorism law, making him one of five product liability attorneys honored as Law360 Rising Stars.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Jeep Buyers Can't Revive Fuel Tank Suit, 8th Circ. Rules

    The Eighth Circuit on Friday refused to revive a proposed class action alleging Fiat Chrysler misrepresented the safety of certain Jeep vehicles with fuel tanks that supposedly posed a fire risk, saying the man who brought the suit wasn't necessarily aware of the statements at issue when he purchased his Jeep.

  • August 10, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the Financial Conduct Authority take on a financial consulting firm, engineering company Doosan Babcock sue insurer Acasta, and a new action from private equity-linked firms that have already brought multiple actions worldwide after KPN Group acquired a Thai wind energy company. Here, Law360 looks at those and other new claims in the U.K.

  • August 10, 2018

    Ex-Massey CEO Asks W.Va. High Court To Put Him On Ballot

    Former Massey Energy CEO Don Blankenship, who was convicted in 2016 of conspiring to violate mine safety standards before a deadly explosion, asked West Virginia’s highest court on Thursday to put him on the ballot as a third-party candidate for U.S. Senate this fall.

  • August 10, 2018

    Pepperidge Farm Sued By Alleged Salmonella Goldfish Victim

    A Mississippi woman is suing Pepperidge Farm and one of its suppliers for negligence, claiming she contracted salmonella poisoning from a bag of Flavor Blasted Goldfish made with a contaminated batch of dry whey powder.

  • August 10, 2018

    Krazy Glue Beats Class Bid In Slack-Fill Packaging Suit

    A California federal judge denied class certification in a suit alleging the makers of Krazy Glue are duping buyers with excessive empty space in its packaging, saying the lead plaintiff had failed to show the alleged deception cost him or anyone else money.

Expert Analysis

  • New Cross-Claim Burdens For Asbestos Defendants In NJ

    Manuel Guevara

    In June, the New Jersey Appellate Division brought sweeping changes to the method by which asbestos defendants may prove cross-claims at trial. New limits on the use of prior testimony mean that defendants must now call live witnesses, and will lead to longer, more costly trials, say attorneys with Hawkins Parnell Thackston & Young LLP.

  • For Self-Driving Car Makers, Industry Standards Matter

    Allen Patatanyan

    When a self-driving Uber car ran over an Arizona pedestrian earlier this year, the company inadvertently shone a spotlight on the importance of industry standards. Failing to meet these benchmarks could be interpreted as a violation of the standard of care owed to a plaintiff by a corporate defendant, says Allen Patatanyan of West Coast Trial Lawyers.

  • Innovator Liability Flunks The Dormant Commerce Clause

    Richard Dean

    Two circuit court decisions issued in May invoked the dormant commerce clause to strike down enforcement of state laws beyond state borders. It is not surprising that there is also a dormant commerce clause argument in regard to innovator liability, says Richard Dean of Tucker Ellis LLP.

  • Jones Day Case Highlights Questions Of Atty Privilege Abroad

    Ana Reyes

    Germany’s highest court ruled this month that prosecutors may review the Jones Day documents they seized related to the firm’s representation of Volkswagen. This is a stark reminder that American litigators need to be aware of how attorney-client privilege laws abroad can impact litigation in the United States, say Ana Reyes and Matthew Heins of Williams & Connolly LLP.

  • Bristol-Myers Unlikely To Shake Up Class Action Landscape

    Alec Schultz

    The U.S. Supreme Court’s Bristol-Myers opinion last year set a high jurisdictional bar for some mass tort claims. Now plaintiffs lawyers fear — and defense lawyers hope — that courts will apply the same reasoning to stifle nationwide class actions. But the effect of this ruling on national class actions is likely to be minimal, say Alec Schultz and Aaron Brownell of Léon Cosgrove LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • It's All Too Easy To Sell An 'Unregistered Pesticide'

    Jesse Medlong

    Whether a product is legally considered a “pesticide” depends as much on the label as on the chemicals it contains. Retailers and manufacturers face significant liability for selling products that would not, in fact, be pesticides if not for careless labeling. And the problem only increases as e-retailing grows, say Jesse Medlong and George Gigounas of DLA Piper.

  • And Now A Word From The Panel: A Flood Of MDLs

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation considered and denied a petition for an MDL proceeding to centralize flood insurance claims arising from recent hurricanes. The decision shows the careful line the panel must walk when considering petitions featuring cases with a variety of circumstances, says Alan Rothman of Arnold & Porter.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Will Blood Testing Revive Medical Monitoring Claims?

    Tony Hopp

    In Burdick v. Tonoga, a New York state trial court recently certified what appears to be the first medical monitoring class defined by the level of a particular chemical measured in class members’ blood serum, signaling a potential revival of interest in medical monitoring class actions, say attorneys with Steptoe & Johnson LLP.