Product Liability

  • March 12, 2018

    Pa. Fee Claim Ruling Could Spur Deal-Making Between Firms

    Law firms taking over cases from prior counsel may see extra incentive to negotiate fee-sharing deals following a recent Pennsylvania Supreme Court ruling that, for the first time in the state, gave the green light to non-contract-based claims from predecessor firms looking to get paid for work on old cases.

  • March 12, 2018

    Salmonella Detection Prompts Retailer To Recall Powders

    A natural products retailer said Saturday it is recalling three brands of powder made with kratom, a plant used as an opiod substitute, after it learned that samples tested positive for the salmonella organism, which can cause serious and sometimes fatal infections.

  • March 12, 2018

    Hankook Tire Co. Hit With $37M Crash Verdict

    A Virginia federal jury hit Hankook Tire Co. Ltd. with a more than $37 million verdict on Friday in favor of a man who became a quadriplegic in a 2014 accident when his cement truck crashed due to a tire suddenly deflating.

  • March 12, 2018

    Holland & Knight Adds Commercial Litigator In Dallas

    Holland & Knight LLP has hired away a litigation partner from Thompson & Knight LLP in Dallas in a move it says will bolster its complex commercial litigation practice.

  • March 12, 2018

    Shell, BP, Sunoco Reach $196M Deal With NJ In Pollution Suit

    Shell, BP and Sunoco entities have agreed to pay $196.5 million to resolve New Jersey’s contamination claims over a gasoline additive that seeped into groundwater throughout the state, in the latest settlements in the 11-year environmental litigation against dozens of companies, state authorities said Monday.

  • March 12, 2018

    Manning & Kass Enters Texas With 2-Lawyer Dallas Office

    Manning & Kass Ellrod Ramirez Trester LLP launched a Dallas office in early March with two partners from California experienced in general litigation, workers' compensation and military and veterans' issues, but plans to expand by hiring local talent.

  • March 12, 2018

    La. Wrong Venue For Food Co.'s $1M Coverage Spat: 5th Circ.

    The Fifth Circuit upheld the dismissal of a Louisiana-based restaurant operator’s suit seeking about $1 million from its insurer to cover property damage on Friday, finding that a forum-selection clause in the insurance policy requires the litigation to be in New York rather than Louisiana.

  • March 12, 2018

    Cook Medical’s Vein Filter Suit Tossed As Time-Barred

    An Indiana federal judge on Friday tossed the second bellwether case in multidistrict litigation over alleged safety risks associated with Cook Medical Inc.’s vein filters, noting the patient allegedly injured by the filters should have brought the suit years earlier than he did.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 12, 2018

    CORRECTED: Intervenor In Cable Packaging Suit Sanctioned Over Lies

    After granting preliminary approval earlier this week to a class action settlement over allegedly misleading cable packaging, a Cook County judge on Friday granted the parties' joint motion for sanctions against a man who tried intervening to stop the deal, finding he'd lied about having purchased a cable in the first place. Correction: A previous version of this story incorrectly identified an attorney class counsel will seek to bring sanctions against. The error has been corrected

  • March 9, 2018

    Monsanto Testimony Stretches Limits Of Judge’s Math Skills

    Apologizing for his “less than rudimentary” math skills, a California federal judge stepped down from the bench and scrawled a calculation on the back of a poster-board demonstrative Friday, seeking to understand a Monsanto expert’s highly technical testimony supporting the company’s bid to end litigation alleging its Roundup weed killer causes cancer.

  • March 9, 2018

    NHL Used Expert Reports To Skirt Word Limits, Players Say

    Hockey players accusing the National Hockey League in multidistrict litigation of hiding the effects of concussions on Thursday urged a Minnesota federal judge to strike 11 expert reports filed by the league Wednesday in a larger expert testimony dispute, calling the move an attempt to dodge word limitations.

  • March 9, 2018

    Dr. Reddy's Escapes FCA Suit Over Drug Packaging

    A Pennsylvania federal judge on Friday tossed a suit alleging Dr. Reddy’s caused the government to be billed for prescription drugs sold in packages not tested for child safety, saying the whistleblowers can’t bring claims under the False Claims Act because they haven’t alleged any factual falsehoods.

  • March 9, 2018

    FDA Accuses Scope Makers Of Flouting Safety Studies

    The U.S. Food and Drug Administration fired off warning letters Friday to three medical scope makers implicated in a major outbreak of “superbug” infections, accusing them of shirking commitments to conduct safety studies.

  • March 9, 2018

    Health Hires: Aronberg, Bracewell, Miles, Polsinelli, Sidley

    Aronberg Goldgehn Davis & Garmisa, Bracewell LLP, Miles & Stockbridge PC, Polsinelli PC and Sidley Austin LLP are among the firms that have seen their life sciences and health teams grow in the last few weeks.

  • March 9, 2018

    9th Circ. Urged To Rethink Nix Of $200M Hyundai Class Deal

    Parties Thursday on both sides of vehicle fuel efficiency multidistrict litigation against Hyundai and Kia told the full Ninth Circuit that a panel's ruling that the lower court should have weighed variations in state laws before approving a $200 million settlement clashes with precedent and will hinder nationwide settlements.

  • March 9, 2018

    Oatmeal Buyers' 2nd Shot At No-Maple-Syrup Suit Fails

    A California federal judge on Thursday for the second time tossed a consolidated putative class action accusing Quaker Oats Co. of falsely advertising its instant oatmeal as having real maple syrup, rejecting arguments that maple is a sweetener and subject to certain federal regulations.

  • March 9, 2018

    Johnson & Johnson Hit With $35M Verdict In Pelvic Mesh Trial

    An Indiana federal jury on Friday slammed a Johnson & Johnson unit with a $35 million verdict in favor of a woman who claimed she was harmed by a pelvic mesh device, finding that the mesh implant was negligently designed and the company failed to warn of its risks.

Expert Analysis

  • The Continuing Evolution Of Personal Jurisdiction

    Kevin Penhallegon

    It was anticipated that last year's U.S. Supreme Court ruling in Bristol-Myers Squibb would have immediate and significant impacts nationwide. Those impacts have been seen at the state level in recent months, as evidenced by several trial courts dismissing out-of-state plaintiffs’ claims where specific personal jurisdiction could not be established, says Kevin Penhallegon of Miles & Stockbridge PC.

  • California's Evolving Standard On Expert Opinion Evidence

    Peter Choate

    A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.

  • Massachusetts Focuses On The Elements Of Spoliation

    Alexander Zodikoff

    The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP. 

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Car Seat Heaters Still Producing Burns — And Litigation

    Sean Kane

    Despite decades of research on safe temperature thresholds for car seat heaters, some automakers are still designing heaters to work in higher temperature ranges, still manufacturing heaters that get much hotter than their design specifications and still forgoing simple countermeasures that their peers have been implementing since the 1980s, say Sean Kane and Ellen Liberman of Safety Research & Strategies Inc.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Why Blockchain’s Impact On The Retail Sector Is Growing

    Scott Kimpel

    Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.