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Product Liability

  • January 9, 2019

    NFL Pulls 'Cynical' Concussion Appeal Just Before Hearing

    The NFL on Wednesday withdrew an explosive appeal in the landmark concussion settlement that had outraged attorneys representing the brain-damaged players covered by the deal, just one day before it was to be discussed at a much-anticipated hearing in Pennsylvania federal court.

  • January 9, 2019

    Mercedes-Benz Hit With Fraud Suit In Ariz. Over 'Clean Diesel'

    Arizona Attorney General Mark Brnovich has sued Mercedes-Benz USA LLC and Daimler AG under the state Consumer Fraud Act, alleging the auto company and engine manufacturer sold diesel vehicles as being environmentally friendly while they were actually producing emissions at as much as 30 times the national standard.

  • January 9, 2019

    Full Fed. Circ. Rejects Vaccine Act Case, Overruling 2 Judges

    The full Federal Circuit on Wednesday said it won’t reconsider denying National Childhood Vaccine Injury Act relief to a family whose son developed a seizure syndrome after being vaccinated, despite strong objections from two judges who accused colleagues of undermining the act’s purpose.

  • January 9, 2019

    Ex-Insys CEO Pleads Guilty, May Testify In Bribery Trial

    In an eleventh-hour move, former Insys Therapeutics Inc. CEO Michael Babich admitted to taking part in a scheme to bribe doctors into prescribing the company’s pricey fentanyl spray in Massachusetts federal court Wednesday and will cooperate as the criminal trial of his former co-workers kicks off later this month.

  • January 9, 2019

    RI Law May Force Atty To Face Malpractice Suit, Judges Say

    The application of Rhode Island law may defeat a Texas attorney's attempts to force into arbitration a dispute with a couple accusing him of botching their medical malpractice case, a First Circuit panel suggested during oral arguments Wednesday.

  • January 8, 2019

    Tesla Sued In Fla. Over Car Crash That Killed Teens

    Tesla wrongly removed a device meant to limit the top speed of one of its 2014 Model S cars, which — combined with a flawed battery pack design — contributed to the deaths of two Florida teens in a crash last year, according to a complaint filed Tuesday in Broward County court.

  • January 8, 2019

    3 Atty Lien Disputes In NFL Concussion Case Resolved

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement provided the first in-depth look at how it's handling dozens of contentious attorney lien disputes on Monday, in a lengthy ruling that laid down general guidelines while resolving three separate disputes.

  • January 8, 2019

    Sporting Goods Co. Tries To Undo Asbestos Coverage Ruling

    Sporting goods maker Outdoor Sports Gear Inc. on Monday urged the Ninth Circuit to reverse a district court ruling that saddled it with costs for homeowners’ asbestos-related claims, arguing that the lower court should not have departed from a previous order in a coverage fight with the company’s buyer.

  • January 8, 2019

    Fiat Tire Defect Claims Need Trimming, Judge Says

    A Delaware federal magistrate judge on Tuesday recommended trimming some claims as time-barred in a proposed class action against Fiat Chrysler that alleges a defect in certain Chrysler and Dodge vehicles caused tires to corrode or deflate.

  • January 8, 2019

    Fire Alarm Claims Led To Explosion Damages, 3rd Circ. Told

    A New Jersey-based chemical company on Tuesday urged the Third Circuit to undo a finding that its consumer fraud claims against two fire suppression system makers actually fell under product liability law, arguing the $5 million in damages it incurred from an explosion stemmed from the companies' false claims about the effectiveness of a fire alarm.

  • January 8, 2019

    Judge Recuses Self Over Son's Job At BakerHostetler

    A Pennsylvania federal judge has recused himself out of an "abundance of caution" from an environmental contamination dispute after disclosing that his son received a job offer from BakerHostetler, which represents the steel business in the case.

  • January 8, 2019

    South Korean Actor Slams Tesla In Sudden-Acceleration Suit

    A South Korean musician and actor has pressed ahead with allegations that Tesla sold vehicles that suddenly accelerated without warning and hit the electric automaker with new claims of slander and defamation for suggesting he used his celebrity status to gain a payout, according to an amended complaint filed in California federal court Monday.

  • January 8, 2019

    Del. High Court Says Union Pacific Must Pay $5.7M In Cleanup

    The Delaware Supreme Court affirmed a $5.7 million award Monday in favor of Clean Harbors Inc. and against Union Pacific Corp. over an environmental cleanup at a Kansas waste facility, saying a potentially ambiguous jury verdict form was not, in the end, overly misleading.

  • January 8, 2019

    FDA Focus: What Venable's Practice Chair Is Watching

    Claudia Lewis, co-chair of the U.S. Food and Drug Administration practice at Venable LLP, tells Law360 that she’s eagerly awaiting an FDA definition of “natural,” chafing at new limits on homeopathic products and anticipating a nationwide policy on cannabidiol, or CBD.

  • January 8, 2019

    No Redo Of Verdict That Engle Smoker Wasn't Addicted

    A federal judge has denied a new trial in a rare federal Engle case over a Florida man’s death from cigarette smoking, saying Monday the losing side helped sink its own case when it brushed off advice to tell the jury exactly what “addiction” is.

  • January 8, 2019

    Ford Can’t Slip Former Mechanic’s Asbestos Exposure Suit

    A Louisiana federal judge has denied Ford Motor Co.’s request for summary judgment in a former mechanic's suit, which claims that working for the company exposed the man to asbestos and caused his ultimately fatal mesothelioma.

  • January 7, 2019

    FDA Understood Proposed Fosamax Warnings, Justices Told

    A deputy U.S. solicitor general told the U.S. Supreme Court on Monday that there is no reason to think the U.S. Food and Drug Administration was confused by Merck’s proposed warning on femoral fractures for its osteoporosis drug Fosamax, a warning the agency rejected.

  • January 7, 2019

    J&J Baby Powder Caused Dying Woman's Cancer, Jury Told

    An attorney representing a woman dying of mesothelioma told a California jury during trial opening Monday that Johnson & Johnson knew for decades its talcum powder products contained cancer-causing asbestos but failed to warn consumers about its risks or replace the talc with less-toxic cornstarch.

  • January 7, 2019

    Boeing, Rockwell Atty Dodges DQ In Toxic Dumping Row

    A Mississippi federal court has refused to disqualify an attorney who is helping Meritor Inc., Boeing Co. and Rockwell Automation Inc. fight accusations by homeowners that their property was damaged by toxic chemicals that were dumped from a nearby automotive parts plant.

  • January 7, 2019

    Justices Won't Hear Fiat Chrysler Bid To Undo Hack Cert.

    The U.S. Supreme Court on Monday declined to hear Fiat Chrysler’s bid to swiftly challenge an Illinois district court’s certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, preserving a Seventh Circuit decision clearing the way for a multistate trial against the automaker.

Expert Analysis

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • The New Water Rule And Its Potential Ripple Effect

    Christopher Thomas

    If the Trump administration's proposal to dramatically reduce the number of U.S. waterways subject to Clean Water Act jurisdiction ultimately carries the day it will have a host of cascading consequences, say Christopher Thomas and Andrea Driggs of Perkins Coie LLP.

  • Aviation Watch: Behind The Lion Air Flight 610 Tragedy

    Alan Hoffman

    On Oct. 29, a Lion Air Boeing 737 MAX-8 crashed near Jakarta, Indonesia. With questions being raised about both the plane's stall protection system and the airline's poor maintenance record, litigation will likely pit the manufacturer against its customer, creating a target-rich environment for plaintiffs, says Alan Hoffman, a retired attorney and private pilot.

  • The Latest On Article III Standing In False Ad Class Actions

    Joshua Briones

    Earlier this year, the Ninth Circuit provided a clear rule regarding plaintiffs' standing to assert claims concerning products they did not purchase. To no one’s surprise, the decision has already been used to defeat defendants’ motions to dismiss, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.

  • How Brexit May Change UK Food Labeling Rules

    Ravi Randhawa

    Producers and distributors of food products in the U.K. will be pleased to know that, should there be a no-deal Brexit, they may not need to change food labels and packaging from day one, as the government is proposing grace periods for some required labeling changes, says Ravi Randhawa of Gowling WLG.

  • How Life Sciences Cos. Can Prepare For Legal And PR Crises

    Mark Goodman

    Life sciences companies are susceptible to a wide range of crises that could expose them to legal liability and destroy their reputations. Sometimes, however, the greatest risks will come not from the facts that led to a crisis, but from the company's response, say attorneys at Debevoise & Plimpton LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Revising FDA 510(k) Poses Challenges For Device Makers

    Patricia Kaufman

    The U.S. Food and Drug Administration wants to "modernize" the approval process for medical devices based on older products by encouraging developers to use more modern devices as predicates. This does not mean older devices are unsafe, but the negative implication seems undeniable, say Patricia Kaufman and Joel Schwartz of Stinson Leonard Street LLP.