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Product Liability

  • January 9, 2019

    CBS Beats Widow's Bid To Send Asbestos Suit To State Court

    A Rhode Island woman's decadelong fight against CBS, among other companies, over her husband's death from an asbestos-related illness belongs in federal court, a district judge ruled Wednesday, denying her request to have the case sent back to state court.

  • January 9, 2019

    Conn. Judge Tosses Cities' Suits Against Opioid Makers

    A Connecticut state judge on Tuesday dismissed suits brought by 37 municipalities targeting Purdue Pharma and other companies over the opioid crisis for lack of jurisdiction, saying social problems do not necessitate compensatory damages.

  • January 9, 2019

    Judge Won't Narrow Class Definitions In Jeep Hacking Suit

    An Illinois federal judge on Wednesday refused to narrow class definitions in a lawsuit by drivers who say their Jeeps are vulnerable to hacking, saying the automaker is trying to relitigate arguments he had already rejected at the class certification stage.

  • January 9, 2019

    NFL Pulls 'Cynical' Concussion Appeal Just Before Hearing

    The NFL on Wednesday withdrew an explosive appeal in the landmark concussion settlement that had outraged attorneys representing the brain-damaged players covered by the deal, just one day before it was to be discussed at a much-anticipated hearing in Pennsylvania federal court.

  • January 9, 2019

    Mercedes-Benz Hit With Fraud Suit In Ariz. Over 'Clean Diesel'

    Arizona Attorney General Mark Brnovich has sued Mercedes-Benz USA LLC and Daimler AG under the state Consumer Fraud Act, alleging the auto company and engine manufacturer sold diesel vehicles as being environmentally friendly while they were actually producing emissions at as much as 30 times the national standard.

  • January 9, 2019

    Full Fed. Circ. Rejects Vaccine Act Case, Overruling 2 Judges

    The full Federal Circuit on Wednesday said it won’t reconsider denying National Childhood Vaccine Injury Act relief to a family whose son developed a seizure syndrome after being vaccinated, despite strong objections from two judges who accused colleagues of undermining the act’s purpose.

  • January 9, 2019

    Ex-Insys CEO Pleads Guilty, May Testify In Bribery Trial

    In an eleventh-hour move, former Insys Therapeutics Inc. CEO Michael Babich admitted to taking part in a scheme to bribe doctors into prescribing the company’s pricey fentanyl spray in Massachusetts federal court Wednesday and will cooperate as the criminal trial of his former co-workers kicks off later this month.

  • January 9, 2019

    RI Law May Force Atty To Face Malpractice Suit, Judges Say

    The application of Rhode Island law may defeat a Texas attorney's attempts to force into arbitration a dispute with a couple accusing him of botching their medical malpractice case, a First Circuit panel suggested during oral arguments Wednesday.

  • January 8, 2019

    Tesla Sued In Fla. Over Car Crash That Killed Teens

    Tesla wrongly removed a device meant to limit the top speed of one of its 2014 Model S cars, which — combined with a flawed battery pack design — contributed to the deaths of two Florida teens in a crash last year, according to a complaint filed Tuesday in Broward County court.

  • January 8, 2019

    3 Atty Lien Disputes In NFL Concussion Case Resolved

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement provided the first in-depth look at how it's handling dozens of contentious attorney lien disputes on Monday, in a lengthy ruling that laid down general guidelines while resolving three separate disputes.

  • January 8, 2019

    Sporting Goods Co. Tries To Undo Asbestos Coverage Ruling

    Sporting goods maker Outdoor Sports Gear Inc. on Monday urged the Ninth Circuit to reverse a district court ruling that saddled it with costs for homeowners’ asbestos-related claims, arguing that the lower court should not have departed from a previous order in a coverage fight with the company’s buyer.

  • January 8, 2019

    Fiat Tire Defect Claims Need Trimming, Judge Says

    A Delaware federal magistrate judge on Tuesday recommended trimming some claims as time-barred in a proposed class action against Fiat Chrysler that alleges a defect in certain Chrysler and Dodge vehicles caused tires to corrode or deflate.

  • January 8, 2019

    Fire Alarm Claims Led To Explosion Damages, 3rd Circ. Told

    A New Jersey-based chemical company on Tuesday urged the Third Circuit to undo a finding that its consumer fraud claims against two fire suppression system makers actually fell under product liability law, arguing the $5 million in damages it incurred from an explosion stemmed from the companies' false claims about the effectiveness of a fire alarm.

  • January 8, 2019

    Judge Recuses Self Over Son's Job At BakerHostetler

    A Pennsylvania federal judge has recused himself out of an "abundance of caution" from an environmental contamination dispute after disclosing that his son received a job offer from BakerHostetler, which represents the steel business in the case.

  • January 8, 2019

    South Korean Actor Slams Tesla In Sudden-Acceleration Suit

    A South Korean musician and actor has pressed ahead with allegations that Tesla sold vehicles that suddenly accelerated without warning and hit the electric automaker with new claims of slander and defamation for suggesting he used his celebrity status to gain a payout, according to an amended complaint filed in California federal court Monday.

  • January 8, 2019

    Del. High Court Says Union Pacific Must Pay $5.7M In Cleanup

    The Delaware Supreme Court affirmed a $5.7 million award Monday in favor of Clean Harbors Inc. and against Union Pacific Corp. over an environmental cleanup at a Kansas waste facility, saying a potentially ambiguous jury verdict form was not, in the end, overly misleading.

  • January 8, 2019

    FDA Focus: What Venable's Practice Chair Is Watching

    Claudia Lewis, co-chair of the U.S. Food and Drug Administration practice at Venable LLP, tells Law360 that she’s eagerly awaiting an FDA definition of “natural,” chafing at new limits on homeopathic products and anticipating a nationwide policy on cannabidiol, or CBD.

  • January 8, 2019

    No Redo Of Verdict That Engle Smoker Wasn't Addicted

    A federal judge has denied a new trial in a rare federal Engle case over a Florida man’s death from cigarette smoking, saying Monday the losing side helped sink its own case when it brushed off advice to tell the jury exactly what “addiction” is.

  • January 8, 2019

    Ford Can’t Slip Former Mechanic’s Asbestos Exposure Suit

    A Louisiana federal judge has denied Ford Motor Co.’s request for summary judgment in a former mechanic's suit, which claims that working for the company exposed the man to asbestos and caused his ultimately fatal mesothelioma.

  • January 7, 2019

    FDA Understood Proposed Fosamax Warnings, Justices Told

    A deputy U.S. solicitor general told the U.S. Supreme Court on Monday that there is no reason to think the U.S. Food and Drug Administration was confused by Merck’s proposed warning on femoral fractures for its osteoporosis drug Fosamax, a warning the agency rejected.

Expert Analysis

  • 10 Most-Read Product Liability Law360 Guests Of 2018

    Most-Read Articles

    From talc and asbestos rulings to the Daubert standard and drug design defect litigation, it was an interesting year for product liability attorneys.

  • How 'AV 3.0' Changed The Autonomous Vehicle Game In 2018

    Erika Jones

    In its most significant 2018 guidance on the design, testing and deployment of driverless vehicles, the U.S. Department of Transportation articulated core regulatory principles that aim to prioritize safety, maintain technological neutrality and promote nationwide consistency, say Erika Jones and Linda Rhodes of Mayer Brown LLP.

  • 3 D&O Questions Regarding Event-Driven Securities Litigation

    Larry Bracken

    The wildfire-related complaint filed against Edison last month represents a new kind of securities class action that relies on specific adverse events as catalysts. Corporate policyholders must consider how such litigation will impact their directors and officers insurance now and in the future, say attorneys at Hunton Andrews Kurth LLP.

  • Smart Toys Under The Tree Raise Privacy Concerns

    Scott Pink

    Connected toys and devices are sure to make kids happy this holiday season. But looking beyond the glitzy features, it's important for manufacturers, retailers and consumers to know exactly how a device will interact with, and collect data from, children, says Scott Pink of O'Melveny & Myers LLP.

  • How Product Liability Law Works In Denmark

    Henrik Thomsen

    Denmark's product liability law does not allow for punitive damages. But specific legislation does improve the chances of plaintiffs being compensated for personal injury caused by drugs or medical devices, say attorneys with the Danish law firm Poul Schmith.

  • Insights On Right To Try Act And 'Expanded Access' Concerns

    Mark Barnes

    U.S. Food and Drug Administration Commissioner Scott Gottlieb recently provided some clarity on questions raised by both pharmaceutical manufacturers and health care providers about the interplay between the so-called expanded access pathway and the Right to Try Act, say attorneys with Ropes & Gray LLP.

  • Coming Soon: FDA Over-The-Counter Drug Approval Overhaul

    Rebecca Dandeker

    Both houses of Congress have proposed bills to revise the U.S. Food and Drug Administration’s procedures for approving over-the-counter medications. The FDA is preparing for the eventual passage of the law, and so should OTC drug manufacturers and private label distributors, say attorneys with Morgan Lewis & Bockius LLP.

  • Ripe For High Court: Article III Standing In Data Breach Cases

    Ken Kronstadt

    Following Spokeo v. Robins, divergent court decisions have created uncertainty over insurance coverage for data breaches when customers' information is exposed but not misused. The matter of Zappos could provide the U.S. Supreme Court with an opportunity to resolve the split of authority, says Ken Kronstadt of Kelley Drye & Warren LLP.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • The New Water Rule And Its Potential Ripple Effect

    Christopher Thomas

    If the Trump administration's proposal to dramatically reduce the number of U.S. waterways subject to Clean Water Act jurisdiction ultimately carries the day it will have a host of cascading consequences, say Christopher Thomas and Andrea Driggs of Perkins Coie LLP.