Product Liability

  • May 22, 2017

    105 Tons Of Nathan's, Curtis Franks Recalled Over Metal Bits

    John Morrell and Co. is recalling about 105 tons of ready-to-eat Nathan's- and Curtis-brand hot dogs that may be contaminated with metal, the U.S. Department of Agriculture’s Food Safety and Inspection Service said Friday.

  • May 22, 2017

    Pruitt Appoints Task Force To Speed Up Superfund Process

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Monday said he’s creating a Superfund task force made up of agency professionals to rehabilitate polluted sites more quickly and make the process easier for companies.

  • May 22, 2017

    Consumer Groups Say FDA Dodging Food Safety Duty

    A number of consumer, health and food safety groups on Monday hit the U.S. Food and Drug Administration with a suit in New York federal court accusing it of shirking its responsibility for food safety by allowing food manufacturers to self-certify that certain additives are safe for consumption.

  • May 22, 2017

    Cane Juice Is Sugar Under Federal Law, Jelly Bean Buyers Say

    A proposed class of people who bought Jelly Belly Candy Co.’s “Sport Beans” urged a California federal court not to toss their lawsuit, saying Monday that federal law prohibits the candy maker from using “evaporated cane juice” as a substitute term for sugar on its ingredient lists.

  • May 22, 2017

    Paper Co. Loses Bid To Decertify Class In Fla. Flood Suit

    A Florida federal judge said Sunday that International Paper Co. failed to persuade her to reconsider her recent order certifying a class of homeowners for the purpose of determining whether the failure of an abandoned dam at one of the company's paper mills caused the flooding of their homes.

  • May 22, 2017

    Ryobi Settles Table Saw Injury Suit For $2M

    Ryobi Technologies Inc. has reached a $2 million settlement to a Pennsylvania state court lawsuit in which a Philadelphia man alleged he lost a part of a finger and suffered permanent nerve damage to another finger while using a table saw, attorneys for the plaintiff announced Monday.

  • May 22, 2017

    Egg Execs Denied Bid For Salmonella Sentence Review

    The U.S. Supreme Court has declined to review the three-month prison sentence a pair of Quality Egg LLC executives received for their alleged role in failing to prevent a national salmonella outbreak, denying their argument that the penalty trampled their constitutional due process rights.

  • May 22, 2017

    8th Circ. Revives Underground Fracking Pollution Case

    The Eighth Circuit on Monday revived a fracking pollution lawsuit against Southwestern Energy Co. brought by property owners who allege that the company’s waste migrated onto their land from a nearby well.

  • May 22, 2017

    NHTSA Investigates Recall Of Hyundai, Kia Vehicles

    The National Highway Traffic Safety Administration has launched an investigation into the recall of roughly 1.66 million vehicles by Hyundai Motor Co. and its affiliate Kia Motors Corp. over problems with the Theta II engine that could cause the vehicles to stall.

  • May 22, 2017

    Carmakers, Drivers Request Claims Admin. In Takata MDL

    Car drivers and the four carmakers who reached a $553 million deal recently to end claims in the multidistrict litigation over potentially fatal Takata Corp. air bags have asked a Florida federal court to tap Patrick Juneau, who oversaw the BP Deepwater Horizon oil spill settlement, as claims administrator.

  • May 22, 2017

    $60M Citibike No-Helmet Negligence Row Settles Before Trial

    New York City and Citibike have settled a rider's $60 million negligence lawsuit that was scheduled to go before a jury Monday, avoiding a trial that would have explored potentially uncomfortable questions about the city's decision not to require bike-sharers to don helmets.

  • May 21, 2017

    Time On Tobacco’s Side In Engle Progeny Battles

    Lengthy appeals and a massive court backlog are taking their toll on Florida’s cigarette plaintiffs.

  • May 19, 2017

    Fla. Jury Adds $1.3M Punitives To Smoker's Engle Trial Win

    A Florida jury on Friday awarded a woman who developed lung cancer after smoking Philip Morris cigarettes $1.3 million in punitive damages, doubling down on its $1.1 million actual damages verdict in the case.

  • May 19, 2017

    Couple Who Hid Sinkhole Can't Dodge Verdict At 11th Circ.

    A Florida couple who were sentenced to probation and restitution after they were convicted of wire fraud for failing to disclose during the sale of their home that they got a $150,000 insurance check for a sinkhole they didn’t fix saw their sentences upheld by the Eleventh Circuit on Friday.

  • May 19, 2017

    How They Won It: Berger & Montague Persists For 27 Years

    By continuing to press their case against two industrial giants and the federal government in a dispute marked by “scorched earth” tactics, Berger & Montague PC attorneys showed the value of persistence, finally securing a $375 million settlement related to allegations of contamination from the former Rocky Flats nuclear weapons plant after 27 years of litigation.

  • May 19, 2017

    Fiat Plans To Modify Emissions Software In 100K Vehicles

    Fiat Chrysler plans to modify the software used in more than 100,000 diesel vehicles, a move the company believes will help quickly end government investigations into possible excess emissions, the automaker announced Friday.

  • May 19, 2017

    Honeywell Again Dodges Claims It Botched NY Lake Cleanup

    A New York federal judge on Friday tossed for the second time a suit accusing Honeywell International Inc. of exposing upstate residents to dangerous chemicals after botching a government-mandated water pollution cleanup, saying the suit merely tries to hold Honeywell liable for cleanup activities it was instructed to carry out by federal and state environmental regulators.

  • May 19, 2017

    Toys R Us Won’t Face New Trial Over Girl’s Bike Crash

    A Maryland federal magistrate judge has denied a new trial to the family of a girl who lost multiple teeth after crashing an allegedly faulty bike assembled at Toys R Us, finding the girl’s reasons for a new trial insufficient.

  • May 19, 2017

    Target, Wal-Mart Can't Dodge Herbal Supplement MDL Claims

    Target, Walgreens and Wal-Mart must face the bulk of claims brought by consumers in multidistrict litigation over the contents of the companies’ herbal supplement products, an Illinois federal judge said Friday.

  • May 19, 2017

    Supplement Co. Says Rival Sells Carcinogenic Products

    A dietary supplement maker in a suit filed Thursday in Arizona federal court alleged a rival’s muscle-building supplements actually contain carcinogens and can cause liver damage, even though it markets its products to body-builders as having the benefits of anabolic steroids without their serious side effects.

Expert Analysis

  • A Tale Of 2 States, And 2 Asbestos Verdicts

    Meghan Senter

    Two verdicts were handed down recently in mesothelioma lawsuits related to asbestos exposure. Both cases were heard in state courts, both involved a deceased plaintiff, and both were brought by the same firm. But the verdicts were very different, and illustrate how state-specific laws can be as damaging to a case as a bad set of facts, says Meghan Senter of Manion Gaynor & Manning LLP.

  • The Current State Of Renewable Energy Disputes: Part 4

    Justin Tschoepe

    In addition to disputes with governmental entities, or over the use of sovereign land, renewable energy companies frequently face disputes involving purely private parties. The final part of this series summarizes three common examples of such litigation, including shareholder litigation, consumer disputes and nuisance lawsuits, say Justin Tschoepe and William Wood of Norton Rose Fulbright.

  • Federal Judges Are Tired Of 'Stock' Discovery Objections

    David Goldhaber

    With the latest amendments to the Federal Rules of Civil Procedure now behind us, federal court litigators should take stock of their “stock objections” and put them to rest. Several recent examples from federal courts make this abundantly clear, and state courts are sure to follow, say attorneys with Wilson Elser Moskowitz Edelman & Dicker LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Negligent Undertaking Liability Only Goes So Far

    Michelle Yeary

    In Nelson v. Biogen, now before a federal court in New Jersey, the plaintiff's initial claims were preempted by state law. So he amended his complaint to add negligent undertaking, related to the defendants' contract with a government agency. It would represent an unprecedented expansion of liability to thereby create third-party negligence obligations to nonparties, says Michelle Yeary of Dechert LLP.

  • 3 Guidelines For Avoiding CPSC Penalties

    Robert Hopkins

    The U.S. Consumer Product Safety Commission's recent $4.65 million civil penalty against Viking Range serves as a harsh reminder to manufacturers, importers and/or distributors of consumer products of the strict obligation to immediately report product safety issues to the CPSC, say Robert Hopkins and Bryan Gales of Duane Morris LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Haeger V. Goodyear: Just Put The Cookie Back In The Jar

    Jeb Butler

    The U.S. Supreme Court's recent ruling in Haeger v. Goodyear illustrates how manufacturers and their lawyers get away with withholding evidence. If the chances of getting caught are low, and the penalty is merely that you go back to where you started, there is little incentive to play fair, says Jeb Butler of Butler Tobin LLC.