Product Liability

  • February 14, 2017

    Enviros Cleared Of Defamation For Huffington Post BP Blog

    A Massachusetts appeals court on Tuesday sank Cardno ChemRisk LLC’s defamation suit against two environmentalists who lambasted the scientific consulting firm in a blog post on the Huffington Post over its assessment that cleanup workers didn’t face dangerous chemical exposure after the Deepwater Horizon oil spill, holding the activists were protected under the First Amendment.

  • February 14, 2017

    GM Can't Escape Chevy Cruze Emissions Suit

    A Michigan federal judge on Tuesday largely refused to dismiss a potential class action against General Motors LLC claiming the company lied about how much diesel certain cars emitted, finding that the buyers have standing and sufficiently pled that they overpaid for their cars based on GM’s alleged misrepresentations.

  • February 14, 2017

    DOT Overstepped With Rail Safety Order, DC Circ. Told

    The U.S. Department of Transportation overstepped its authority when it issued an August 2016 order imposing new safety oversight and enforcement obligations on state entities that oversee intercity passenger rail service without proper public notice and comment, a pair of agencies told the D.C. Circuit.

  • February 14, 2017

    Judge Urged To Keep Boston Scientific Mesh Cases Moving

    A Pennsylvania judge was urged on Monday to allow half a dozen cases filed by out-of-state plaintiffs against Boston Scientific Corp. in a mass tort over injuries from allegedly faulty pelvic mesh products to move forward despite a pair of pending U.S. Supreme Court appeals over jurisdictional issues.

  • February 14, 2017

    Dow, Boeing Nuke Pollution Judge Slaps 3rd-Party Claims Co.

    An “alarmed” federal judge overseeing a $375 million settlement between Colorado residents and Dow Chemical Co. and a unit of Boeing Co. over alleged nuclear pollution said Tuesday class members have been improperly solicited to file claims through a third-party company and instituted preventative measures.

  • February 14, 2017

    EPA Asks Out Of Navajo, NM Suits Over Gold King Mine Spill

    The U.S. Environmental Protection Agency urged a federal judge Monday to toss liability suits by the Navajo Nation and the state of New Mexico over the agency’s role in the 2015 Gold King Mine spill, saying it has sovereign immunity to claims under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 14, 2017

    PPL Coal Ash Suit's Final Federal Claim Goes Up In Smoke

    A Kentucky federal judge on Monday dropped the remaining federal claim against PPL Corp. and one of its utilities in a proposed class action alleging that a coal-fired power plant contaminated nearby homes and caused health problems, saying the plant was operating with a valid Clean Air Act permit.

  • February 14, 2017

    Insurer Seeks To Bar Photo Of Boy’s Injured Leg From Trial

    A unit of AIG asked a Missouri federal court Monday to exclude a number of pieces of evidence from trial in a case over excess coverage for a boy's personal injury action against a YMCA branch, including a photograph of the boy’s leg before it was amputated.

  • February 14, 2017

    Infiniti Buyers Missed Deadline To Amend Suit, Nissan Says

    Infiniti owners bringing a potential class action against Nissan North America Inc. over InTouch entertainment systems that allegedly didn’t deliver on advertised features shouldn’t be allowed to amend their suit, as the proposed changes could have been foreseen before the proper deadline passed, Nissan told a California federal court Monday.

  • February 14, 2017

    NHL Continues Bid For Concussion Research Docs

    The National Hockey League continued its push for the release of documents from the Boston University Chronic Traumatic Encephalopathy Center on Monday, arguing that the documents in question are extremely relevant and should be subject to vetting by the league’s own experts.

  • February 14, 2017

    Judge OKs $24M In Atty Fees For $175M BP Deepwater Deal

    A Texas federal judge on Monday gave final approval to a $175 million settlement for a class of investors who reached a deal with BP PLC after accusing it of downplaying the magnitude of the Deepwater Horizon oil spill, awarding $24 million in fees and costs to attorneys representing the class.

  • February 14, 2017

    Monsanto Counterclaims Against Spokane Uprooted By Judge

    A Washington state federal judge on Tuesday tossed counterclaims brought by Monsanto Co. against the city of Spokane, Washington, in a suit from the city claiming the company should have to pay for cleanup costs associated with pollution in the Spokane River, saying the company failed to state a claim under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 14, 2017

    NFL Concussion Attys Seek $112.5M In Fees, Costs

    The two law firms leading the landmark NFL concussion litigation laid out their case for legal fees in Pennsylvania federal court on Monday, seeking $112.5 million in fees and costs for their work on the sprawling litigation over the league’s responsibility for former players' brain injuries.

  • February 14, 2017

    Odwalla Can't Escape 'Cane Juice' Suit, Judge Says

    A California federal judge on Monday declined to toss a proposed class action over The Coca-Cola Co. subsidiary Odwalla Inc.’s use of “evaporated cane juice” on product labels, holding, among other things, that the allegations aren’t preempted by federal food labeling law.

  • February 14, 2017

    Doctors, Int'l Science Org Back OSHA In Silica Rule Fight

    An international scientific organization and an organization of occupation and environmental medical physicians have come out in support of the Occupational Safety and Health Administration’s new rules on worker exposure to silica dust in several industries, telling the D.C. Circuit the regulations would reduce health impairments.

  • February 14, 2017

    Tobacco Cos. Tell DC Circ. New Health Warnings Go Too Far

    Philip Morris and other tobacco giants pressured a D.C. Circuit panel on Tuesday to tone down the language of health and safety statements they were ordered to make over a decade ago about their cigarettes, arguing that the latest warnings sought by the government violate the First Amendment.

  • February 13, 2017

    10th Circ. Orders New Trial In Train Accident Suit

    The Tenth Circuit on Monday ordered a new trial in a suit where a trucking company had been found largely negligent for a driver’s role in a train crash in Oklahoma, finding that the lower court gave the jury incorrect instructions regarding a railway company’s duty to maintain a crossing.

  • February 13, 2017

    New FDA Enforcement Stats Show Shifting Targets

    Newly released statistics from the U.S. Food and Drug Administration show that enforcement was busier in 2016 for pharmaceuticals but was relatively quiet for medical devices, tobacco and biologics. Here's what experts see behind the numbers.

  • February 13, 2017

    After Denial, Ex-Massey CEO Wants Full 4th Circ. Rehearing

    Former Massey Energy Co. CEO Don Blankenship, who was convicted on charges of conspiring to violate mine safety laws prior to a coal mine explosion in 2010 that claimed 29 lives, petitioned the Fourth Circuit on Friday to revisit en banc a panel’s decision upholding his conviction.

  • February 13, 2017

    CVS Escapes Vitamin C 'Made In USA' Labeling Class Action

    An Illinois federal judge on Monday dismissed a putative class action claiming CVS Pharmacy was selling vitamin C drops falsely labeled as made in the U.S., saying the consumer failed to show he had been harmed.

Expert Analysis

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • FDA Memo Does Not Simplify 1st Amendment Considerations

    Diane E. Lifton

    The U.S. Food and Drug Administration's new memorandum addressing the First Amendment and its re-examination of FDA rules and policies does little more than set out information that was already publicly available, says Diane Lifton of Hughes Hubbard & Reed LLP.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • Federal Automated Vehicles Policy: A Work In Progress

    Hanley Chew

    Laws and regulations governing driverless vehicles vary between states. Last fall, the U.S. Department of Transportation and the National Highway Transportation Safety Authority issued the Federal Automated Vehicles Policy — the first comprehensive attempt by the federal government to regulate this developing technology. But the policy is drawing mixed reviews from some interest groups, says Hanley Chew of Fenwick & West LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • The Road To Recall: Evaluating Substantial Product Hazards

    Julie Scheipeter

    Manufacturers, importers, distributors and retailers of all consumer products are required to report potential product defects to the U.S. Consumer Product Safety Commission. Doing so will not necessarily lead the CPSC to require a recall; the agency will first seek to determine if a "substantial product hazard" exists. Following this process can save a company from greater problems later, says Julie Scheipeter of Stinson Leonard Street LLP.

  • Late Innings: Top Enviro Decisions From Final Days Of 2016

    Anthony B. Cavender

    December 2016 saw several major environmental decisions made by federal and state courts. Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP offers insight into these important cases and the impact they could have in 2017 and beyond.

  • New Jersey’s TCCWNA: New Year, Same Uncertainty

    Jeffrey Jacobson

    Online retailers concerned about lawsuits under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act had hoped to end 2016 with some clarity about its application in recent class action complaints. But motions to dismiss those cases may remain mostly undecided until the New Jersey Supreme Court and Third Circuit issue rulings later in 2017, says Jeffrey Jacobson of Kelley Drye & Warren LLP.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.

  • Cybersecurity And The Economic Loss Doctrine

    Alexis Kellert

    The Eleventh Circuit's holding earlier this month in Silverpop Systems v. Leading Market Technologies helps clarify the type of evidence a party must offer to prove that a duty existed in the context of a cybersecurity breach. It also shows how the economic loss doctrine can provide a shield against tort actions brought over cyberattacks, says Alexis Kellert of Weil Gotshal & Manges LLP.