Product Liability

  • September 18, 2017

    10th Circ. Bars FCA Suit Based On First-To-File Rule

    The Tenth Circuit on Monday, in a reversal of a lower court’s ruling, shot down a lawyer’s attempt to revive his former client’s False Claims Act suit as a relator, saying the suit is barred under an FCA provision prohibiting new relators from intervening in pending FCA actions.

  • September 18, 2017

    Takata Injury Claimants Get More Time To Probe Financing

    A Delaware bankruptcy judge on Monday gave Takata Corp. personal injury claimants more time to challenge the unusual funding arrangement that the debtor has with its automaker customers, over the objections of both parties, ruling that to do otherwise would improperly curb their due process rights.

  • September 18, 2017

    Ex-NHLer Fights Team, Insurer Bids To Bench Head Injury Suit

    Former NHL “enforcer” Michael Peluso on Friday hit back at motions to dismiss his Minnesota federal suit alleging the New Jersey Devils, St. Louis Blues and insurance companies intentionally hid the dangers he faced from continued head injuries, arguing that his claims fall outside the exclusivity of workers’ compensation frameworks of the states.

  • September 18, 2017

    Navistar Fights Truck Buyers' Bid For Bellwether In MDL

    Truck and bus manufacturer Navistar Inc. on Friday blasted a request from truck buyers in multidistrict litigation alleging it knowingly sold vehicles with defective diesel engines to let Illinois claims go first, telling an Illinois federal judge that those claims aren’t representative of the others.

  • September 18, 2017

    Mott Fruit Snack False Labeling Suit Nears Checkout

    A California federal judge on Monday tentatively ruled to toss a putative class action accusing Motts Inc. of misleading consumers to believe that its fruit snacks are healthy products by putting pictures of fruit on labels, despite the fact they are actually made with purees, juices and concentrates.

  • September 18, 2017

    3rd Circ. Ends Suit Over UPenn Nuclear Researcher's Cancer

    The Third Circuit affirmed Monday the dismissal of a negligence suit alleging the University of Pennsylvania failed to protect a nuclear researcher from being exposed to radiation that purportedly caused him to get fatal brain cancer.

  • September 18, 2017

    Tribal Hospital Accused Of Negligence In Patient Death

    The estate of a woman who died at Fort Defiance Indian Hospital filed a wrongful death suit against the tribal medical center and several of its doctors and nurses in Arizona federal court, claiming the woman was not adequately protected from the fall that ultimately killed her.

  • September 18, 2017

    NCAA Concussion Class Blasts $6M Fee Request

    A class of student-athletes in multidistrict litigation against the NCAA over head injuries blasted a fee request from attorneys for the lead objector to their $75 million settlement on Friday, telling an Illinois federal court that the changes secured aren’t worth the $6 million the attorneys want.

  • September 18, 2017

    Dodge Owners Slam Sanctions Bid In Clutch Defect Suit

    A proposed class of Dodge Dart owners alleging clutch defects fired back at Fiat Chrysler’s bid to have them sanctioned, telling a California federal judge on Friday that the automaker’s request comes too late and that they didn’t allow key evidence to be discarded as junk.

  • September 18, 2017

    GM To Recall 2.5M Cars In China For Takata Air Bags

    General Motors and its Chinese joint venture, Shanghai GM, are recalling more than 2.5 million cars with faulty Takata air bags, shortly after Volkswagen also announced a recall of 4.86 million vehicles for the same issue, according to media reports Monday.

  • September 18, 2017

    What To Watch For In 2nd Meningitis Murder Case

    Prosecutors who came close to convicting a pharmacist of second-degree murder for his role in the 2012 meningitis outbreak may have an even stronger case against his top deputy when the second drug-contamination murder trial begins in Boston this week.

  • September 18, 2017

    Amazon Denies Liability For Lamp Sold Through Website Inc. on Friday asked a Maryland federal court to dismiss a suit from Erie Insurance Co. blaming a house fire on a lamp purchased through its site, saying it was no more liable for defective products than a mall owner would be.

  • September 18, 2017

    Ford Asks 9th Circ. Not To Revive Power Steering Suit

    Ford Motor Co. on Friday urged the Ninth Circuit not to revive a proposed class action over alleged power steering defects, saying recent U.S. Supreme Court precedent bars the consumers from letting Ford win the case in order to appeal the lower court’s class certification denial.

  • September 18, 2017

    Forest Labs Seeks Quick Win In Celexa, Lexapro MDL

    Forest Laboratories LLC urged a Massachusetts federal court Friday to dismiss claims in multidistrict litigation alleging the company fraudulently promoted antidepressants Celexa and Lexapro to treat pediatric depression, saying the parties haven’t established injury or causation under the Racketeer Influenced and Corrupt Organizations Act.

  • September 15, 2017

    US Blocked From Sharing VW Docs In German Case

    The federal government can’t share evidence from Volkswagen AG’s diesel emissions scandal with a German law firm helping the Department of Justice bring a securities case abroad, a California federal judge ruled Friday, finding that discovery rules in Germany are tougher than in the U.S.

  • September 15, 2017

    Fla. Court Upholds $12M Punitive Damages In Tobacco Case

    A Florida state appeals court upheld a $12.3 million punitive damages award Friday in a suit by a woman whose mother succumbed to smoking-related ailments, ruling that the cap on punitive damages passed by the Florida Legislature in 1999 does not apply to Engle progeny plaintiffs.

  • September 15, 2017

    Scotts Seeks Return Of Docs In Tainted Seed Suit

    Scotts Miracle-Gro Co. on Thursday asked a California federal judge to compel consumers in a class action over pesticide-laced bird seed to return several documents that were accidentally disclosed in discovery, saying they’re protected by attorney-client privilege.

  • September 15, 2017

    FDA, Groups Ink Deal To Pause Suit Over Menu Labeling Delay

    The U.S. Food and Drug Administration has struck a deal with two groups to freeze litigation over delayed menu labeling regulations until May 7, 2018, so long as the federal agency sticks to a timeline to implement the requirements at chain restaurants and other food service venues, according to a court filing Friday.

  • September 15, 2017

    Insurer Suit Over $2.8M Oil Spill Partly Revived At 1st Circ.

    The First Circuit partially revived Ironshore Specialty Insurance Co.'s dispute over a $2.8 million oil spill from a U.S. Navy ship, saying Friday that the lower court wrongly dismissed the insurer’s general admiralty and maritime claims against the government alongside the Oil Pollution Act claims.

  • September 15, 2017

    Jury Awards $750K To NJ Man Injured By Tainted Beer

    A New Jersey jury awarded a former police lieutenant $750,000 in damages Friday for the injuries he suffered after he drank a beer from an Atlantic City casino restaurant’s tap system that contained residual corrosive cleaning solution.

Expert Analysis

  • Series

    What I Learned In My 1st Year: Authenticity Is Key

    Amy Rubenstein

    Three important lessons from the beginning of my practice have stuck with me. From these lessons, I discovered that I am at my best when I am authentic — and because I am who I am, clients, counsel and courts find me credible, says Amy Rubenstein of Schiff Hardin LLP.

  • What Does It Mean To 'Consider' Pipeline Risk Factors?

    Zachary Koslap

    The Fifth Circuit's recent ruling in ExxonMobil Pipeline Company v. U.S. Department of Transportation held that ExxonMobil was not in violation of regulations requiring it to “consider” all risk factors relevant to a certain pipeline segment. The court’s distinction between process-based and outcome-based regulations is especially useful, says Zachary Koslap of Manko Gold Katcher & Fox LLP.

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Practicing Law In The Era Of 3rd-Party Litigation Funding

    David Silver

    The growth of third-party litigation funding has added a distinct variable to the world of civil litigation. Such funding has and will continue to change the calculus for many corporations and their defense counsel as to the tipping point between settling or pursuing a case to a court decision, says David Silver of Silver Public Relations.

  • Managing Consumer Expectations For Autonomous Vehicles

    Charles Moellenberg Jr.

    As consumers begin to sit in the driver’s seat of automated and autonomous vehicles, manufacturers and sellers have a golden opportunity to educate consumers on the benefits and risks of those vehicles and to shape their expectations, says Charles Moellenberg Jr. of Jones Day.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • Shopping For Standard Food Date Labels

    Brian Sylvester

    The voluntary initiative by grocery manufacturers and retailers to distill date labels to just two standard phrases should go a long way toward stemming consumer confusion. But if states continue to jump into the fray, a patchwork of differing standards could trigger federal rulemaking, says Brian Sylvester of Keller and Heckman LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 3

    Robert W. Ludwig

    In the final installment of this three-part series, attorney Robert W. Ludwig concludes his deep dive into the controversial history of Second Amendment jurisprudence.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.