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Product Liability

  • June 18, 2018

    Barge Co. Loses Bid For Review Of $20M Oil Spill Ruling

    The U.S. Supreme Court on Monday denied American Commercial Lines LLC's bid for review of a Fifth Circuit decision that left in place a $20 million liability judgment against the company stemming from an oil spill caused by a barge collision on the Mississippi River.

  • June 18, 2018

    Dr. Oz Reaches $5M Settlement Over 'Miracle' Diet Pills

    Television personality Dr. Oz agreed to a $5.25 million settlement in California federal court Friday to resolve allegations that his show misrepresented the effectiveness of weight-loss supplements.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    NJ Justices Won't Review Helmet Co.'s Win In Bike Crash Suit

    The New Jersey Supreme Court declined to review a state appellate decision upholding a jury’s unanimous finding that a bicyclist who received quadriplegic injuries was wearing a non-defective helmet, according to a Friday filing.

  • June 18, 2018

    Fiat Investors Win Cert. In Emissions-Fraud Losses Suit

    A New York federal judge certified a class of Fiat Chrysler investors in a stock-drop suit alleging the automaker lied about using emissions-cheating devices in vehicles in an effort to inflate the company's stock price.

  • June 18, 2018

    CrossFit Foe Can't Get Coverage In False Ad Suits: Insurer

    National Casualty Co. has told a California federal court that it shouldn't have to cover the National Strength and Conditioning Association in two false advertising suits brought by CrossFit Inc. over a study that portrayed CrossFit's exercise regiment as unsafe, after the NSCA was hit with nearly $500,000 in sanctions.

  • June 18, 2018

    Samsung Washer Cases Paused As Panel Mulls Entry To MDL

    A New Jersey federal judge has placed on hold two class actions over Samsung Electronics America Inc.’s allegedly defective washing machines while a judicial panel determines if they should be folded into multidistrict litigation over the same issue.

  • June 18, 2018

    Bayer Dodges Yaz, Yasmin Suit After Improper Expert Report

    Pharmaceutical giant Bayer AG knocked down a customer's claims that she developed gallbladder disease after using the company's Yaz and Yasmin birth control pills, after a New Jersey state appeals court on Monday found that shortcomings in her expert report justified nixing her bid to revive the litigation.

  • June 18, 2018

    Google, Huawei Slam Discovery Bid In Phone Defect Suit

    Google LLC and Huawei Device USA Inc. urged a California federal judge on Monday to reject efforts to jump-start discovery in a suit accusing the tech giants of manufacturing defective Google Nexus 6P smartphones, calling the proposed class' new complaint "overreaching and unwieldy."

  • June 18, 2018

    Lumber Liquidators MDLs Get Initial OK For $36M Settlement

    A Virginia federal judge overseeing multidistrict litigation involving Lumber Liquidators’ alleged false statements that its laminate wood flooring complied with California Air Resource Board’s formaldehyde emissions limits preliminarily approved a $36 million agreement to end the litigation.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Fitbit Abuses Arbitration To Skip All Claims, Consumers Say

    Fitbit Inc. abused its own arbitration clause to avoid ever facing claims from consumers about problems with its heart-monitoring watches, the consumers’ attorneys told a California federal judge Friday, saying the company refused to participate in the arbitration it had requested for two years.

  • June 15, 2018

    Hi-Tech Deserves $40M Sanctions, FTC Tells 11th Circ.

    The Federal Trade Commission asked the Eleventh Circuit to uphold $40 million in sanctions against Hi-Tech Pharmaceuticals Inc. and two executives for allegedly violating an injunction barring them from making unsubstantiated weight-loss claims, saying they knew they were flouting the order.

  • June 15, 2018

    Walgreens' Dual Role Helped Spur Ky. Opioid Crisis, AG Says

    Walgreens helped spread unneeded opioids throughout Kentucky as both pharmacy chain and distributor, the state's attorney general said in a lawsuit filed Thursday, allegedly cultivating a public health nightmare that has killed Kentuckians, defrauded Medicaid and spurred an armed-robbery epidemic.

  • June 15, 2018

    EPA Can’t Trash Enviros’ Pesticide Suit, Judge Says

    The U.S. Environmental Protection Agency can’t nix allegations it failed to investigate the effect of more than 2,000 pesticide products on endangered species, a California federal judge said Friday, but he added that, down the line, environmentalists need to do a “much better job” of linking animals to the chemicals purportedly threatening them.

  • June 15, 2018

    Tire Co. Can't Get Trial Records Sealed After $38M Verdict

    A Virginia federal judge rejected a request by a Korean tire company to seal certain trial records in the wake of a $38 million negligence verdict against the manufacturer, saying in a ruling Thursday that the public’s right to access the records trumped its confidentiality concerns.

Expert Analysis

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • What Businesses Must Know About FDA Menu Labeling Rules

    Robert Milligan

    Beginning in May, certain restaurants, grocers and other food establishments nationwide were required to comply with the U.S. Food and Drug Administration’s menu labeling rules. While some businesses have argued that the rules are overly broad, it appears the Trump administration has no plans to intervene, say Robert Milligan and Joshua Salinas of Seyfarth Shaw LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • A Closer Look At New Federal 'Right To Try' Law

    Phoebe Mounts

    Recently signed into law by the president, the federal Right to Try Act creates a framework for patients to access investigational new drug products. But it comes in the wake of a majority of states passing their own "right to try" laws, creating the potential for a conflict between state laws, the U.S. Food and Drug Administration’s expanded access regulations and federal statutes, say attorneys with Morgan Lewis & Bockius LLP.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Opioid MDL Order Shows Need For Broad Funding Disclosure

    Alex Dahl

    The judge in the national opioid multidistrict litigation recently ordered lawyers to disclose whether their cases are financed by third parties. This has drawn attention to courts’ responsibility to address problems surrounding third-party litigation funding, but a uniform funding disclosure requirement would be more effective, says Alex Dahl of Strategic Policy Counsel PLLC.

  • PFAS: Not Your Typical Emerging Contaminants — Part 2

    Jeffrey Dintzer

    The emerging contaminants known as perfluoroalkyl or polyfluoroalkyl substances have captured the attention of regulators and courts across the country. In the final part of this series, Jeffrey Dintzer and Nathaniel Johnson of Alston & Bird LLP discuss how to prepare for the growing risk that PFAS regulations and litigation can pose.

  • FDA's Youth E-Cig Blitz Could Go Much Further

    Azim Chowdhury

    The U.S. Food and Drug Administration recently launched an initiative to reduce the use of e-cigarettes and related products by young people. While it is not clear how extensively the FDA will try to restrict electronic nicotine delivery systems and e-liquids, forthcoming proposals may be substantial, say Azim Chowdhury and Benjamin Wolf of Keller & Heckman LLP.

  • PFAS: Not Your Typical Emerging Contaminants — Part 1

    Jeffrey Dintzer

    The U.S. Environmental Protection Agency recently held its National Leadership Summit with the goal of “taking action” on the emerging contaminants known as perfluoroalkyl or polyfluoroalkyl substances. In part one of this two-part series, Jeffrey Dintzer and Nathaniel Johnson of Alston & Bird LLP discuss the possible legal consequences for businesses that manufacture, sell or consume PFAS products.

  • And Now A Word To The Panel: Happy 50th!

    Alan Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.