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Product Liability

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    Fla. Justices Stand By Ruling On Expert Testimony Standard

    The Florida Supreme Court on Thursday denied R.J. Reynolds Tobacco Co. and Crane Co.’s bids for a do-over of a closely watched October ruling in which it reinstated an $8 million verdict against the pair and refused to adopt stricter federal standards for the admittance of expert testimony.

  • December 6, 2018

    Young Climate Fight Warriors Want Pretrial Process To Move

    The young plaintiffs who are accusing the federal government of acting to make climate change worse asked a Washington federal judge to revise her prior order staying the case and let pretrial proceedings including discovery move forward.

  • December 6, 2018

    Consumers Get $73M In Latest Auto Parts MDL Settlement

    A handful of auto parts manufacturers agreed on Thursday to pay roughly $73 million to settle claims that they colluded to fix prices, in a sprawling multidistrict litigation that grew out of a U.S. Department of Justice antitrust probe.

  • December 6, 2018

    'Opioid Babies' Denied MDL Separate From Ohio Gov't Suits

    The U.S. Judicial Panel on Multidistrict Litigation on Thursday denied a request from plaintiffs representing "opioid babies" — infants of mothers who were addicted to prescription drugs — to separate their suits into a distinct multidistrict litigation, ruling that their unique damages don’t outweigh the inconvenience caused by such a separation.

  • December 6, 2018

    RJR Smoker's Damages Award Can't Be Reduced, Court Says

    A Florida state appeals court found Wednesday that a trial court erred in reducing a longtime smoker's damages award against R.J. Reynolds by factoring in her own role in developing lung disease, concluding that the state Supreme Court has since determined that damages for intentional torts in such cases can't be reduced by comparative fault.

  • December 6, 2018

    Hyundai Drivers Seek Class Cert. In Sonata Brake Defect Suit

    Consumers asked a New York federal judge Wednesday to certify their proposed class action alleging Hyundai Motor America knowingly sold Sonata sedans with defective brakes, saying they were subjected to the same Hyundai misrepresentations and warranties so pursuing their claims as a class is warranted.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 5, 2018

    PG&E Caused Worst Fire In Calif. History, Suit Says

    Pacific Gas & Electric on Wednesday was hit with a proposed class action in California state court alleging that it knew its electrical infrastructure was old and unsafe and that it caused the deadliest and most destructive wildfire in the Golden State’s history.

  • December 5, 2018

    Texas Says Opioid MDL Won't Let It Stop Deceptive Marketing

    Texas has asked the state's multidistrict litigation panel to reconsider consolidating its lawsuit with others against Purdue Pharma LP over opioid abuse, arguing the company has been able to use the MDL process to avoid Texas' attempt to bar it from alleged ongoing deceptive marketing.

  • December 5, 2018

    St. Regis Response To Foul Odor Fails Smell Test, Owner Says

    Something other than the sea breeze is in the air in an oceanfront penthouse at the St. Regis Condominium and Hotel in Bal Harbour, Florida, and the response by Marriott and property owner Seldar Holding stinks, the unit's owner claims in a lawsuit filed Wednesday in state court in Miami.

  • December 5, 2018

    Harley-Davidson Settles Brake Defect Suit On Eve Of Trial

    Harley-Davidson Motor Co. Groups LLC and the wife of a man who died from motorcycle-accident injuries struck a confidential settlement Tuesday on the eve of a California jury trial, resolving claims that an anti-lock braking system defect in the motorcycles contributed to the man’s death.

  • December 5, 2018

    Mass. Top Court Weighs Nixing Asbestos Claim Time Limit

    Massachusetts' top appellate court questioned Tuesday whether it could make a sweeping change to asbestos claims by wiping out a six-year statute of repose without a nod from the Legislature as it heard arguments from General Electric and the estate of a worker.

  • December 5, 2018

    Zales Didn’t Honor Jewelry Repair Plans, Consumers Say

    Major jewelry retailer Zales misled consumers about the extent of coverage in a lifetime repair plan it sold with its jewelry, according to a proposed class action removed to California federal court Monday.

  • December 5, 2018

    Medtronic To Pay Over $50M To Settle Medical Device Claims

    The world's largest medical device maker, Medtronic PLC, will pay $50.9 million to settle kickbacks and other claims against two companies it owns, including nearly $18 million related to the allegedly reckless marketing of a product designed to treat brain defects, according to the U.S. Department of Justice and a statement from the company.

  • December 5, 2018

    NutriBullet Makers Can’t Get Suit Kicked To New Zealand

    A California federal judge has found that the makers and distributors of NutriBullet must face a suit alleging a blender injured a New Zealand woman in California court, ruling that the companies did not demonstrate a need to have the case dismissed.

  • December 5, 2018

    Data-Driven Lawyer: Kilpatrick Townsend's Kate Gaudry

    Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    5 Key Questions As DOJ Torpedoes Gilead FCA Suit

    The U.S. Department of Justice’s bombshell move to let Gilead Sciences Inc. escape a multibillion-dollar False Claims Act suit is sparking speculation about the DOJ’s motivations and the implications for similar suits alleging regulatory violations. Here are five important questions raised by the DOJ’s move.

  • December 4, 2018

    Volkswagen Gets Win In Minn. Emissions State Suit

    A Minnesota appeals court said that federal law blocked the state's claims against Volkswagen AG over its emission scandal that impacted thousands of cars in the state, deciding that the Clean Air Act preempted allegations concerning both used and new vehicles.

Expert Analysis

  • Autonomous Vehicles And UK Product Liability Law: Part 1

    Michaela Herron

    Autonomous vehicles present a number of challenges to the United Kingdom's product liability legal framework, especially with regard to the vehicles' heavy reliance on software, consumers' expectations of safety and the need for compliance with varying local traffic rules, says Michaela Herron of Bristows LLP.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Florida Supreme Court Says Frye Is 'Still The One'

    Avery Dial

    In DeLisle v. Crane Co., the Florida Supreme Court recently declared that the Daubert amendment to the Florida Evidence Code infringed on the court's rule-making authority. The court thus signaled that its continued embrace of the Frye standard is thoughtful rather than antiquated, says Avery Dial of Kaufman Dolowich & Voluck LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.