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Product Liability

  • August 13, 2018

    8th Circ. Says BNSF Suit Against Seat Maker Not Preempted

    The Eighth Circuit on Monday revived BNSF Railway Co.'s breach-of-contract suit alleging Seats Inc. should be on the hook for payments to an engineer who suffered career-ending injuries from the manufacturer's allegedly defective locomotive seats, saying the railroad giant's claims are not preempted by federal law.

  • August 13, 2018

    Construction Worker's Asbestos Suit Revived By Ill. Court

    An Illinois appeals court has reinstated an injury suit claiming two companies share responsibility for a construction worker's lung cancer after entering into conspiracies to conceal the dangers of asbestos, saying Friday that a lower court was wrong to end the suit while facts were in dispute.

  • August 13, 2018

    Insurers Fight Asbestos Firm's Quick Win Bid In Payback Row

    Three health insurers have urged a federal judge in Texas to reject a bid from national asbestos law firm Shrader & Associates LLP to toss the insurers' lawsuit alleging the firm failed to pay their due out of settlement funds, saying the firm was wrong to assert they lack standing to bring the suit.

  • August 13, 2018

    9th Circ. Nixes Suit Over Frozen Burger Hydrogenated Oil

    A San Diego woman can’t sue a maker of frozen foods for putting partially hydrogenated oil in its microwaveable burger snacks, the Ninth Circuit has ruled, affirming a lower court’s decision that found she had failed to establish the practice was unfair or unlawful.

  • August 13, 2018

    GYNs Sue Cynosure Over 'Vaginal Rejuvenation' Laser

    A Rhode Island gynecological practice on Monday filed a putative class action suit in Massachusetts federal court against cosmetic laser maker Cynosure, which the practice claims has been deceptively marketing a laser system for use as a vaginal rejuvenator.

  • August 13, 2018

    State Farm Sues Amazon Over Exploding Vape Battery

    Insurer State Farm has sued Amazon and another company allegedly responsible for making a vape battery that caused a $400,000 fire in the house of one of its policyholders, according to a lawsuit removed to California federal court on Friday.

  • August 13, 2018

    Rising Star: Steptoe & Johnson's ​Jeremy Goldkind

    Steptoe & Johnson LLP partner Jeremy Goldkind has had successes defeating utility workers' suits against chemical companies and helping grieving parents make use of an untested anti-terrorism law, making him one of five product liability attorneys honored as Law360 Rising Stars.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Jeep Buyers Can't Revive Fuel Tank Suit, 8th Circ. Rules

    The Eighth Circuit on Friday refused to revive a proposed class action alleging Fiat Chrysler misrepresented the safety of certain Jeep vehicles with fuel tanks that supposedly posed a fire risk, saying the man who brought the suit wasn't necessarily aware of the statements at issue when he purchased his Jeep.

  • August 10, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the Financial Conduct Authority take on a financial consulting firm, engineering company Doosan Babcock sue insurer Acasta, and a new action from private equity-linked firms that have already brought multiple actions worldwide after KPN Group acquired a Thai wind energy company. Here, Law360 looks at those and other new claims in the U.K.

  • August 10, 2018

    Ex-Massey CEO Asks W.Va. High Court To Put Him On Ballot

    Former Massey Energy CEO Don Blankenship, who was convicted in 2016 of conspiring to violate mine safety standards before a deadly explosion, asked West Virginia’s highest court on Thursday to put him on the ballot as a third-party candidate for U.S. Senate this fall.

  • August 10, 2018

    Pepperidge Farm Sued By Alleged Salmonella Goldfish Victim

    A Mississippi woman is suing Pepperidge Farm and one of its suppliers for negligence, claiming she contracted salmonella poisoning from a bag of Flavor Blasted Goldfish made with a contaminated batch of dry whey powder.

  • August 10, 2018

    Krazy Glue Beats Class Bid In Slack-Fill Packaging Suit

    A California federal judge denied class certification in a suit alleging the makers of Krazy Glue are duping buyers with excessive empty space in its packaging, saying the lead plaintiff had failed to show the alleged deception cost him or anyone else money.

  • August 10, 2018

    Insurer Sues To Block $10M-Plus CSX Faulty Concrete Claims

    Phoenix Insurance Co. launched a federal lawsuit Friday in a bid to shield itself from a more than $10 million claim for allegedly faulty concrete at CSXI’s intermodal rail complex in Worcester, Massachusetts, saying its policy with a contractor involved carries exclusions for some damage or repairs.

  • August 10, 2018

    Monsanto Owes $289M In Landmark Roundup Cancer Trial

    A California jury held Friday that Monsanto’s Roundup and Ranger Pro herbicides contributed to a school groundskeeper’s lymphoma and slapped the company with a combined $289 million in compensatory and punitive damages in a landmark suit against the agricultural giant, which has denied links between its herbicides and cancer for decades.

  • August 10, 2018

    FDA Focus: What Lowenstein's Practice Chair Is Watching

    Lowenstein Sandler LLP’s James Shehan, chair of the firm’s U.S. Food and Drug Administration practice, tells Law360 he's tracking patent litigation over biosimilars, watching for new off-label promotion policies and eyeing innovative approaches to clinical trials. This is the first installment in a series of interviews with FDA practice leaders.

  • August 10, 2018

    Rising Star: King & Spalding's Jacqueline Seidel

    King & Spalding’s Jacqueline Seidel is skilled at guiding clients through resolving complex litigation, such as representing Toyota in unintended acceleration cases, landing her on Law360’s list of one of five product liability attorneys under 40 recognized as Rising Stars.

  • August 9, 2018

    Goodyear Seeks New Trial After $40M Asbestos Verdict

    A New York jury has awarded $40.1 million to a man with mesothelioma, placing the bulk of the blame for his asbestos exposure on Goodyear Tire, which has asked for a new trial because of “outrageous remarks” made by the man’s counsel during closing arguments.

  • August 9, 2018

    Pa. Justices Won’t Hear $8M Asbestos Reinsurance Dispute

    Pennsylvania’s Supreme Court declined to take up a case over reinsurance coverage on asbestos claims, letting a trial court’s nearly $8 million judgment against OneBeacon Insurance Co. stand.

Expert Analysis

  • Jones Day Case Highlights Questions Of Atty Privilege Abroad

    Ana Reyes

    Germany’s highest court ruled this month that prosecutors may review the Jones Day documents they seized related to the firm’s representation of Volkswagen. This is a stark reminder that American litigators need to be aware of how attorney-client privilege laws abroad can impact litigation in the United States, say Ana Reyes and Matthew Heins of Williams & Connolly LLP.

  • Bristol-Myers Unlikely To Shake Up Class Action Landscape

    Alec Schultz

    The U.S. Supreme Court’s Bristol-Myers opinion last year set a high jurisdictional bar for some mass tort claims. Now plaintiffs lawyers fear — and defense lawyers hope — that courts will apply the same reasoning to stifle nationwide class actions. But the effect of this ruling on national class actions is likely to be minimal, say Alec Schultz and Aaron Brownell of Léon Cosgrove LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • It's All Too Easy To Sell An 'Unregistered Pesticide'

    Jesse Medlong

    Whether a product is legally considered a “pesticide” depends as much on the label as on the chemicals it contains. Retailers and manufacturers face significant liability for selling products that would not, in fact, be pesticides if not for careless labeling. And the problem only increases as e-retailing grows, say Jesse Medlong and George Gigounas of DLA Piper.

  • And Now A Word From The Panel: A Flood Of MDLs

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation considered and denied a petition for an MDL proceeding to centralize flood insurance claims arising from recent hurricanes. The decision shows the careful line the panel must walk when considering petitions featuring cases with a variety of circumstances, says Alan Rothman of Arnold & Porter.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Will Blood Testing Revive Medical Monitoring Claims?

    Tony Hopp

    In Burdick v. Tonoga, a New York state trial court recently certified what appears to be the first medical monitoring class defined by the level of a particular chemical measured in class members’ blood serum, signaling a potential revival of interest in medical monitoring class actions, say attorneys with Steptoe & Johnson LLP.

  • Time For Sunshine On 3rd-Party Litigation Funding

    Mary Novacheck

    On July 1, Wisconsin became the first state to require disclosure of third-party litigation financing contingent on the outcome of cases. Individual states' and courts' efforts to shed more light on such funding arrangements are an inconsistent patchwork. The Federal Rules of Civil Procedure should be revised to require such disclosure nationwide, says Mary Novacheck of Bowman and Brooke LLP.

  • A 'Broad' Approach To Toxic Tort Class Cert. At 6th Circ.

    Carol Wood

    Last week, in Martin v. Behr Dayton Thermal Products, the Sixth Circuit affirmed an Ohio federal court’s certification of a so-called “issue class” under Federal Rule of Civil Procedure 23(c)(4). The ruling may serve as persuasive authority for future toxic tort plaintiffs who seek to certify a class without establishing a defendant’s liability to any individual class member with common proof, say attorneys with King & Spalding LLP.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.