Product Liability

  • March 15, 2018

    Defective Boeing Plane Caused Flydubai Crash, Suit Says

    The Boeing Co. manufactured and delivered a commercial aircraft to Flydubai with a design defect that prevented the plane from landing properly, causing a crash that killed all 62 people on board, according to a suit filed in Illinois state court.

  • March 15, 2018

    FDA Floats Plan To Cap Nicotine Levels In Cigarettes

    The U.S. Food and Drug Administration on Thursday moved ahead with its plan to drastically reduce nicotine addiction and smoking-related deaths by cutting nicotine levels in cigarettes to the point where potential smokers won’t get hooked and it will be easier for smokers to quit.

  • March 14, 2018

    False Claims Act An Unlikely Tool In Opioid Crackdown

    The U.S. Department of Justice recently signaled it will aggressively use the False Claims Act as one of several tools to clamp down on the ongoing opioid epidemic, but it remains to be seen how far it can go using a civil fraud law to help address a broad public health issue.

  • March 14, 2018

    GM, Fiat, VW, Mercedes Hid Takata Airbag Defect, Suits Say

    General Motors LLC, Fiat Chrysler, Volkswagen Group of America and Mercedes-Benz USA LLC knowingly misrepresented that vehicles made with Takata airbags were safe even though the airbags posed an explosion risk, claim three proposed class actions filed Wednesday as part of multidistrict litigation in Florida federal court.

  • March 14, 2018

    9th Circ. Upholds Ruling On Pigeon Poop Deal Coverage

    The Ninth Circuit affirmed a lower court's ruling that California Capital Insurance Co. must shoulder alone an apartment complex’s $1.9 million settlement with a tenant who developed a disease from pigeon-dropping dust, finding Tuesday that the property manager's insurer need not share in the costs because it had a legitimate carveout in its policy.

  • March 14, 2018

    Link Between Roundup And Cancer Is ‘Shaky,’ Judge Says

    A California federal judge criticized the “shaky” expert opinions touted by consumers in multidistrict litigation alleging Monsanto’s top-selling weed killer, Roundup, causes non-Hodgkin's lymphoma, saying at a hearing Wednesday on Monsanto’s bid to scrap the claims and end the case that some of the evidence may rise to the level of “junk science.”

  • March 14, 2018

    Tribes Need Gov't Funding To Fight Opioids, Senate Panel Told

    Native American tribal officials and federal agency representatives painted a bleak picture of the impact of opioids on Indian Country for the Senate Committee on Indian Affairs on Wednesday, with the tribal officials calling for increased and more direct federal funding to tribes to combat the opioid epidemic.

  • March 14, 2018

    Audi, Volkswagen Hit With Class Action Over Takata Air Bags

    Audi and parent company Volkswagen AG were slapped with a putative class action Wednesday in Virginia federal court by a group of drivers accusing the automakers of concealing facts about the safety of its vehicles equipped with Takata Corp. air bags that posed an explosion risk.

  • March 14, 2018

    GSK Says It Can’t Find Marketing Contracts In Zofran MDL

    GlaxoSmithKline attorneys have looked for eight months but cannot find contracts with at least 40 partners involved in marketing its hit antiemetic drug that allegedly caused birth defects in hundreds of children, counsel to the pharmaceutical giant and families suing it said Wednesday.

  • March 14, 2018

    Skateboard Ramp Cos. Unveil New, Cashless FCA Settlement

    Two skate park design-build firms told a California federal court Tuesday they'd like to finally put to bed claims that one of them lied to governments to get business, presenting a “walk-away” cashless settlement in the False Claims Act suit they hope will fare better than a $150,000 deal rejected by the court two years ago.

  • March 14, 2018

    W.Va. Regulators Halt $4.2B ETP Pipeline Work Over Pollution

    West Virginia environmental regulators have blocked construction of a portion of Energy Transfer Partners LP's $4.2 billion Rover natural gas pipeline for violations of its water pollution control permit, the latest black eye for a project previously dinged by Ohio environmental regulators and the Federal Energy Regulatory Commission.

  • March 14, 2018

    Ford Recalls 1.4M Cars For Steering Wheels That May Detach

    Ford Motor Co. on Wednesday said it is recalling about 1.4 million vehicles for potentially loose bolts that could cause the steering wheel to detach, saying it knows of two accidents allegedly related to the issue.

  • March 14, 2018

    Theranos CEO Holmes Settles Over $700M Fraud, SEC Says

    The founder and CEO of once high-flying Silicon Valley blood testing company Theranos has settled allegations she lied about nearly every aspect of the company’s business model and finances in a massive, yearslong fraud that raised more than $700 million from duped investors, the U.S. Securities and Exchange Commission announced Wednesday.

  • March 14, 2018

    Takata Hit With Price-Fixing Charges By South Africa

    South Africa’s competition authority has charged Takata Corp. with price-fixing in connection with BMW, Honda and Toyota auto parts contracts, the latest in a string of antitrust cases against the embattled Japanese company around the globe.

  • March 14, 2018

    EPA Floats Guide To Expanded TSCA Confidential Info Access

    The U.S. Environmental Protection Agency on Tuesday unveiled draft guidance that allows state, local and tribal governments, as well as medical professionals and emergency responders, to access confidential business information of chemical companies that was mandated by recent amendments to the Toxic Substances Control Act.

  • March 13, 2018

    260K Amazon Power Banks Recalled Over Fire, Burn Risks

    Amazon is recalling 260,000 AmazonBasics power banks after receiving dozens of reports that they can overheat and cause fires and chemical burns, the U.S. Consumer Product Safety Commission announced Tuesday.

  • March 13, 2018

    Judge Schedules First 3 Trials In Abilify MDL

    A Florida federal court settled upon a random order for the first three cases that will be tried in multidistrict litigation over side effects of the antipsychotic drug Abilify after consumers who brought the suits were unable to reach an agreement with the drugmakers Bristol-Meyers Squibb and Otsuka Pharmaceutical.

  • March 13, 2018

    House Fails To Pass 'Right-To-Try' Bill After Dems Object

    The House of Representatives failed to pass a bill that would expand the “right-to-try” experimental treatments under current Food and Drug Administration rules, after criticism from some Democrats that the bill would remove critical patient protections and was rushed through the process.

  • March 13, 2018

    7th Circ. Affirms Fired Atty's Fee After Second Review

    The Seventh Circuit on Tuesday affirmed an $87,500 fee awarded to an attorney who was fired before his client accepted a $250,000 settlement in his hip-replacement case, saying the lower court had enough evidence to justify the award.

  • March 13, 2018

    Mercedes-Benz Gets Claims Nixed In Moldy HVAC System Row

    A Georgia federal judge trimmed a proposed class action Tuesday accusing Mercedes-Benz USA LLC and parent Daimler AG of manufacturing vehicles with a defect that causes odorous mold in their heating, ventilation and air-conditioning systems.

Expert Analysis

  • TSCA Regulatory Action Raises Retailers' Litigation Risk

    Alexandra Cunningham

    The U.S. Environmental Protection Agency recently issued a final rule regulating formaldehyde in consumer products under the Toxic Substances Control Act, and is now evaluating other chemicals. There may be increased litigation after such regulatory action — even in the absence of noncompliance — so manufacturers and retailers should stay alert, say Alexandra Cunningham and Merideth Daly of Hunton & Williams LLP.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Litigating The Internet Of Things

    Leslie Gutierrez

    With the rise of the internet of things, vast new quantities of data are traversing the cloud. Companies that do not actively and continuously strengthen their cybersecurity protocols are at risk for breaches — and for the consumer class actions that may follow, says Leslie Gutierrez of Husch Blackwell LLP.

  • After A Drone Accident, Who Can Be Held Responsible?

    John O'Brien

    The Federal Aviation Administration's evolving regulations on the use of unmanned aerial vehicles, as well as new anti-collision technologies, may prevent some drone-related accidents. But collisions, near-misses and malfunctions can still occur, with serious consequences. So citizen access to the courts is particularly important in the context of drone safety, says John O'Brien of John O'Brien & Associates.

  • Reading The 9th Circ.'s Tea Leaves On Injunctive Standing

    Alexandra Laks

    In Victor v. Bigelow and Khasin v. Bigelow, the Ninth Circuit recently found that injunctive standing in the misbranding context is limited and requires a current intent to purchase challenged products in the future. Whether a plaintiff has standing to pursue an injunction may depend on the plaintiff’s deposition testimony, say Alexandra Laks and Lucia Roibal of Morrison & Foerster LLP.

  • Overcoming The Mistrust Of Science In An Alt-Fact Age

    Kirstin Abel

    You cannot fight alternative facts with facts alone. But with a combination of inoculation, changing the narrative, and building common ground between the jury and your experts, you should be able to significantly lessen their impact, says Kirstin Abel, managing partner at Bodyfelt Mount LLP and vice chair of the Trial Techniques and Tactics Committee of the International Association of Defense Counsel.

  • Insurance Tips For Defendants In Opioid Litigation

    Anna Engh

    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.

  • 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.