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Product Liability

  • October 11, 2018

    J&J Scores Trial Win In NJ Asbestos Talc Case

    Johnson & Johnson defeated claims in New Jersey state court Thursday that a woman's alleged exposure to asbestos in its baby powder contributed to her mesothelioma, scoring a jury trial win about six months after the company and a co-defendant were slapped with verdicts totaling $117 million in a similar case.

  • October 10, 2018

    Monsanto Nears $250M Slash Of Landmark Roundup Verdict

    A California judge seemed poised Wednesday to throw out a jury's $250 million award for punitive damages against Monsanto, finding in a tentative ruling that the plaintiff — a groundskeeper who alleged Roundup weedkiller caused his lymphoma — hadn't proved any malicious intent by the agrochemical giant.

  • October 10, 2018

    Faulty J-M Pipes Will Cost Cities $15M, Bellwether Jury Told

    Several cities and water utilities that bought J-M Eagle plastic pipes told a California jury Wednesday that roughly a third of the pipes would fail ahead of schedule and asked for around $15 million in damages plus penalties potentially worth millions more during opening statements in a bellwether trial in the sprawling False Claims Act dispute.

  • October 10, 2018

    Justices Focus Mostly On Tort Issues In Sailors' Asbestos Suit

    The U.S. Supreme Court on Wednesday heard arguments in a suit over whether naval equipment manufacturers are liable for injuries caused by asbestos-containing parts added after their products are made, with the justices focusing on if those manufacturers should warn about foreseeable asbestos-related injuries caused by others, not on maritime law's protections for sailors.

  • October 10, 2018

    3 Takeaways From DOT's New Automated Vehicles Policy

    The U.S. Department of Transportation’s newly updated policy on self-driving or autonomous cars eases the rules for development while also paving the way for upgrading infrastructure and integrating the new technology with other modes of transportation, experts say. Here, Law360 examines a few takeaways from the Automated Vehicles 3.0 guidance.

  • October 10, 2018

    GM Hid Knowledge Of Faulty Brakes In Some Cars, Suit Says

    A California couple Tuesday filed a putative class action in a California federal court alleging General Motors knowingly sold Cadillacs, Chevrolets and GMC SUVs and pickups with dangerously defective brakes.

  • October 10, 2018

    Benesch Nabs High-Stakes Atty Pair From Winston In Chicago

    J. Erik Connolly and Nicole Wrigley, who have litigated several cases of nationwide interest including a beef product company's high-profile defamation suit against ABC News, have been added to Benesch Friedlander Coplan & Aronoff LLP’s roster in its Chicago office, the firm has announced.

  • October 10, 2018

    J&J Concealed Talc Cancer Risk, NJ Jury Hears In Closings

    A woman who developed mesothelioma after using Johnson & Johnson baby powder urged a New Jersey jury during closing arguments Wednesday to find the company liable for her disease, saying J&J knowingly used talc powder laced with cancer-causing asbestos particles for decades and tried to hide it.

  • October 10, 2018

    NHTSA Says Rating Doesn't Back Tesla's 'Safest Car' Claim

    Following claims by Tesla Inc. that its Model 3 has the lowest risk of crash injuries of any car tested by the U.S. National Highway Traffic Safety Administration, the agency has said that its safety rating system does not work that way.

  • October 10, 2018

    Bosch Says Conspiracy Claims In Emissions Suit Groundless

    A consolidated class action against BMW of North America LLC and Robert Bosch LLC accusing them of designing emissions systems that eluded test standards ultimately fails because it never establishes a conspiracy between the two companies, Bosch argued in a brief filed Tuesday in New Jersey federal court.

  • October 10, 2018

    Easton Can't Dodge Bulk Of Bat Labeling Class Action

    Easton Diamond Sports LLC has whiffed on its bid to exit a proposed class action alleging it mislabels the weights of its expensive youth baseball bats, after a California federal court tossed a few of the suit’s claims but allowed the meat of it to go forward.

  • October 9, 2018

    Opioid MDL Gov'ts Must Pinpoint Improper Prescriptions

    Local governments suing drugmakers in multidistrict litigation over the opioid epidemic must identify hundreds of prescriptions allegedly influenced by dishonest marketing and describe specific patients who became addicted to painkillers, according to a new ruling that appears likely to prove contentious. 

  • October 9, 2018

    Covil Corp. Must Pay $32.7M Over Tire Plant Worker's Death

    A North Carolina federal jury has awarded $32.7 million in a suit accusing Covil Corp. of causing a tire plant worker's mesothelioma death due to asbestos exposure, finding the defunct pipe insulation supplier failed to warn the worker of the dangers of asbestos in the products it sold.

  • October 9, 2018

    'Chemo Brain' Should Expedite 2nd Roundup Trial, Judge Told

    Attorneys representing a couple with cancer urged a California judge Tuesday to expedite the trial schedule of their lawsuit alleging Monsanto’s Roundup herbicides gave them cancer, arguing that chemotherapy is giving them "chemo brain," impairing their ability to participate in their trial properly as time goes on.

  • October 9, 2018

    Insurer Must Pay $1.2M In Tainted Milk Row, 2nd Circ. Told

    Harleysville Worcester Insurance Co. on Tuesday urged the Second Circuit to uphold a ruling that it is entitled to reimbursement from Wesco Insurance Co. for nearly $1.2 million Harleysville shelled out defending and settling two suits accusing a trucking company of delivering contaminated milk to a dairy plant, saying that Wesco forfeited its primary arguments.

  • October 9, 2018

    Starbucks, Dunkin' Can't Dodge Prop 65 Penalties Trial

    A California judge who determined coffee must carry cancer warnings under the state's Proposition 65 on Tuesday rejected separate bids by Dunkin' and Starbucks, with dozens of other coffee roasters, to pull the plug on an impending trial on Prop 65 civil penalties against the companies.

  • October 9, 2018

    FDA Warning Wire: McKesson Policy Lapses, Tainted Cat Food

    McKesson Corp., the largest drug distributor in the U.S., failed to follow procedures when notified of “suspect” products by its customers, according to the U.S. Food and Drug Administration, while another investigation linked two kittens’ deaths to salmonella-tainted raw cat food processed at a Georgia plant.

  • October 9, 2018

    Math Doesn’t Add Up In New Balance Settlement, Judge Says

    A California federal judge has refused to grant preliminary approval of a settlement between New Balance Athletics Inc. and a proposed class of customers in a suit over the company's “Made in USA” labeling, saying there’s no plausible explanation for the total recovery each class member is supposed to receive.

  • October 9, 2018

    450 Tribes Demand A 'Seat At The Table' In Opioid MDL

    Nearly 450 Native American and Alaskan Native tribes have collectively told an Ohio federal court why it is vital to have their own voice in multidistrict litigation tied to the opioid crisis, detailing a history of oppression by states, limited access to resources, and disproportionately high drug addiction and death rates.

  • October 9, 2018

    Fiat Chrysler Can't Toss Car-Hacking Row Over Jurisdiction

    It’s too late for Fiat Chrysler to challenge an Illinois federal court's jurisdiction over Michigan and Missouri drivers who say their Jeeps were vulnerable to hacking, a judge ruled Tuesday.

Expert Analysis

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Muddy Road Ahead For Autonomous Vehicle Liability In EU

    Anna Masser

    The product liability regimes related to driverless cars in various European countries remain far from harmonized, and lawmakers trail behind the fast-moving reality. As the European Commission works to update the European Product Liability Directive, evolving legal definitions of "producer," "product" and "defect" will be vital for the industry, say attorneys with Jones Day.

  • What Manufacturers Should Know About Triclosan Findings

    Doug Pfeifer

    A recent study suggests that triclosan, a common antibacterial agent, can promote colonic inflammation and cancer in mice when ingested at what the authors deem normal human exposure levels from using certain consumer products. But this research is unlikely to find its way into the courtroom, say Douglas Pfeifer and Richard Morgan of Bowman and Brooke LLP and Brent Kerger of Exponent Inc.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    Dockless Scooter Cos. Rewarded For Bad Behavior

    Tamara Kurtzman

    The proliferation of dockless scooters throughout the U.S. has given life to the slogan “move fast and break things” in a way that even the slogan’s progenitor, Facebook, never imagined. And it will be an uphill battle for riders to recover from either the rental companies or cities in the event of injury, says Tamara Kurtzman of TMK Attorneys PC.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.