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Product Liability

  • September 13, 2018

    GM Recalls 1M Vehicles Over Power Steering Defect

    General Motors has issued a recall of more than 1 million 2015-model trucks and SUVs, saying an electrical defect in the vehicles' power steering can cause drivers to lose control during low-speed turns.

  • September 12, 2018

    Unmanifested Defects Claims OK'd In GM Ignition Switch MDL

    A New York federal judge Wednesday found plaintiffs in dozens of states in the General Motors ignition switch MDL can recover damages even if the alleged defect never manifested and can recover earnings lost while dealing with the defect.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Fla. Appeals Court Reverses Philip Morris Win In Engle Case

    A Florida appeals court reversed a win Wednesday for Philip Morris USA Inc. in a trial where a deceased smoker's family sought $19 million, ruling that smokers do not need to show they were both a resident and a citizen of Florida when they got sick to belong to the original Engle class.

  • September 12, 2018

    Fla. Court Clarifies Statute Of Repose For Building Defects

    A Florida appeals court ruled Wednesday that a lower court erred in finding that a group of homeowners missed a deadline to sue Centex Homes over alleged construction defects even though they filed a statutorily required pre-suit notice to the builder within the eligible time period.

  • September 12, 2018

    9th Circ. Upholds Settlement In Olive Oil Labeling Suit

    A California district court was right to approve a $1 million settlement that ended a mislabeling class action against an olive oil producer, the Ninth Circuit said, as it shot down an appeal challenging the fairness of the deal filed by prominent class action crusader Ted Frank.

  • September 12, 2018

    Kombucha Co.'s Labeling Suit Against Competitor Gets Boot

    A California federal judge Wednesday dismissed a kombucha maker’s claims a competitor misrepresents the sugar and alcohol content of its products, saying the plaintiff provided insufficient evidence the beverage is labeled incorrectly or that it was hurt by the alleged misrepresentations.

  • September 12, 2018

    Samsung Can't Nix Shattering Phone Camera Class Action

    A California federal judge said Wednesday she won’t toss a putative class action claiming Samsung sold defective smartphones with camera lenses covered with glass that spontaneously shatters, but said she wants to know “sooner than later” if millions of potential class members are bound by arbitration.

  • September 12, 2018

    Intuitive Surgical Investors Strike $42.5M Stock-Drop Deal

    A class of investors in Intuitive Surgical Inc. told a California federal court on Tuesday that it has reached a $42.5 million settlement with the biomedical company over allegations that it misled shareholders about the safety of its “da Vinci” robotic surgery.

  • September 12, 2018

    Mo. Duck Boat Operators Slam AG's Suit Over 17 Deaths

    The operators of the amphibious "duck boat" that sank in a Missouri lake, killing 17 tourists, asked a federal court to throw out the state attorney general's unfair practices lawsuit against them, arguing that the suit ignores their strenuous efforts to protect individuals' safety.

  • September 12, 2018

    FDA Gives E-Cig Makers 60 Days To Address Sales To Youth

    The U.S. Food and Drug Administration said Wednesday that it plans to crack down on the use of e-cigarettes by minors, sending more than 1,300 warning letters and fines to retailers who sold to youths and giving five manufacturers 60 days to come up with plans to keep their products out of children’s hands.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    Appeals Court Clears Honeywell In Asbestos Cancer Suit

    A California appeals court has affirmed Honeywell's midtrial win against a man who worked with brakes containing asbestos as a child mechanic in the 1950s, saying Monday that the use of Kansas law was correct even if it imposes a nearly impossible standard.

  • September 11, 2018

    Veterans Group Slams Wilkie Over VA Benefit Bill Stance

    A veterans' advocacy group has pushed back against Veterans Affairs Secretary Robert Wilkie's request for the Senate to reject a bill that would restore presumptive access to benefits related to Agent Orange-linked illnesses for "blue water" Navy veterans, arguing Wilkie had misrepresented the science underlying the Vietnam veterans' claims.

  • September 11, 2018

    Out-Of-State J&J Talc Suits Tossed From Delaware Courts

    A Delaware judge overseeing 200 suits alleging Johnson & Johnson’s talcum powder products cause ovarian cancer on Monday dismissed all of the suits brought by out-of-state plaintiffs, ruling J&J’s selling talc in Delaware isn’t enough for the state court to have jurisdiction in the wake of the U.S. Supreme Court’s Bristol-Myers Squibb ruling.

  • September 11, 2018

    OTC Health Products Maker Hits Ch. 11 In Wake Of Recalls

    Florida-based over-the-counter health care manufacturer Product Quest Manufacturing LLC has filed for Chapter 11 and plans to wind down operations, saying the recall of more than a dozen products last month dealt it a fatal blow after a year of regulatory and financial problems.

  • September 11, 2018

    FDA Warning Wire: Plant Problems Behind Medtronic Recalls

    Recalled Medtronic cardiac defibrillators were at the heart of two warning letters handed out by the U.S. Food and Drug Administration. The agency also cited presurgical swabs with iffy sterility made by a Chinese drugmaker and leaking drug products made by a Canadian company, and continued its crackdown on controversial kratom products. Here's what's new on the FDA enforcement beat.

  • September 11, 2018

    Plains Investors Can't Show They Were Misled, 5th Circ. Hears

    Plains All American Pipeline LP, days after a jury found it criminally liable for a 2015 oil spill, has told the Fifth Circuit it should uphold a Texas district court's dismissal of a shareholder suit stemming from the same incident because the investors didn't prove it intended to mislead them about the pipeline's condition. 

  • September 11, 2018

    No Quick Win For Insurer In Coverage Suit Over Contract Row

    An Oklahoma federal judge on Tuesday refused to let Federal Insurance Co. dodge a duty to cover a boiler maker in an underlying state court suit over its performance on a contract to build a water treatment system for the city of Altus, Oklahoma, saying conflicting evidence precludes a quick win.

  • September 11, 2018

    Easton Must Go To Bat In False Ad Suit, Customers Say

    Easton Diamond Sports LLC can't strike out a proposed class action alleging it mislabels the weights of its expensive bats, the customer leading the suit has told a California federal court, saying the mere fact that he paid $160 for a "virtually useless" bat gives him standing to sue and should defeat Easton's motion to dismiss.

Expert Analysis

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Opinion

    Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

    Adam Gershenson

    As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.

  • Peering Behind The Peer Review Curtain

    William Childs

    The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals specified peer review as one criterion for evaluating scientific evidence. But not all peer review is created equal, and sometimes additional exploration — whether through discovery into your adversaries’ experts, or early investigation of your own potential experts — may make sense, says William Childs of Bowman and Brooke LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How 2 Cases Have Settled NY Insurance Allocation Law

    Cort Malone

    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Risk Mitigation Strategies For Gene Therapy Developers

    Matt Holian

    In recent weeks, a handful of scientific articles in peer-reviewed medical literature, as well as alarmist headlines in the popular press, have questioned the safety of an important gene editing technology. While plaintiffs lawyers may take such indicators of evolving science out of context to support future claims, there are ways companies can mitigate the risks, say attorneys at DLA Piper.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.