Product Liability

  • May 19, 2017

    MSHA Delays Rule To Boost Caliber Of Mine Inspections

    The Mine Safety and Health Administration is delaying the effective date of a rule requiring that metal and nonmetal mine operators bolster the quality of their workplace inspections and promptly notify miners of any dangerous conditions.

  • May 19, 2017

    Drivers Lose Bid To Block Subpoena In GM Ignition MDL

    A class action news website can’t ditch a subpoena issued by General Motors in multidistrict litigation over allegedly defective ignition switches, a New York federal judge ruled Friday, shooting down arguments from the drivers bringing the suit that the requested communications are privileged.

  • May 19, 2017

    Consumers Drop 'Cane Juice' Claims Against Odwalla

    The lead plaintiff in a proposed consumer class action against The Coca-Cola Co. subsidiary Odwalla Inc. asked a California federal court Thursday to dismiss the case, effectively ending a yearslong dispute over the drink maker’s use of the term “evaporated cane juice” on product labels.

  • May 19, 2017

    Colony Insurance Wants Out Of Construction Co.'s $13M Suit

    Colony Insurance Co. sued former policyholder Troensa Construction Inc. in New Jersey federal court on Thursday, saying it owes no coverage for a $13 million underlying suit against Troensa over construction work on a new 265-unit condominium complex.

  • May 19, 2017

    Diesel Cars Produce More Emissions Than Tests Show: Study

    Diesel vehicles in major markets around the world produce more than 50 percent more nitrogen oxide emissions than regulatory limits, which was linked to about 38,000 premature deaths globally in 2015, according to the results of a recently released study.

  • May 19, 2017

    Riddell Helmet Concussion Claims Poised To Move Forward

    After more than five years of the NFL concussion litigation, claims against football helmet maker Riddell may finally be moving forward after an order Thursday by the Pennsylvania federal court judge who has been overseeing the litigation.

  • May 19, 2017

    NY Lawmakers Want DOE To Rethink Nuclear Waste Transport

    Senator Kirsten Gillibrand and Congressman Brian Higgins called on Thursday for the Trump administration to delay a plan to transport liquid uranium from Canada to South Carolina until there’s been an environmental study of the project’s risks, saying highly radioactive material has never before been transported over public roads in liquid form.

  • May 19, 2017

    Florida Jury Returns $100K Verdict Over Starbucks Spill

    A drive-thru mishap has proved costly for Starbucks Corp., as a Florida state court jury returned a verdict of more than $100,000 for a woman burned by a spill after the lid came off a cup of hot coffee as an employee handed it to her in her car.

  • May 19, 2017

    Jeep Owners Argue Transmission Suit Belongs in Calif.

    A proposed class of Jeep drivers from California requested Thursday that their case alleging faulty transmissions be transferred back to California federal court from New Jersey federal court, saying they all live in California and their claims are filed under California law.

  • May 18, 2017

    VW AG Wins Appeal In Fla. Widow's Suit But Not In Clear Yet

     A Florida appeals court has revived Volkswagen AG's bid to escape a widow's wrongful death suit over her husband's alleged exposure to asbestos from the German automaker's products, but said a lower court should consider her motion to compel discovery on the company's Florida connections before weighing dismissal of the case.

  • May 18, 2017

    Heat On For Remaining Auto Cos. To Settle In Takata MDL

    A settlement made Thursday by Toyota, Subaru, Mazda and BMW, who agreed to pay a combined $553.6 million to end allegations in multidistrict litigation over potentially fatal Takata air bags, ups the pressure on the remaining three car manufacturers in the litigation to reach deals of their own, experts say.

  • May 18, 2017

    Lawsuits Accusing Facebook Of Aiding Hamas Terror Tossed

    A New York federal judge Thursday dismissed two lawsuits against Facebook that had alleged the company allowed Palestinian terrorist groups such as Hamas to use its social media platform to recruit members and incite violence, finding that one claim lacked standing and another failed to state an actionable claim.

  • May 18, 2017

    Phony 5-Hour Energy Middleman Angles For No Jail

    A Southern California man who admitted to being a go-between in a scheme to counterfeit millions of bottles of 5-Hour Energy urged a federal judge to give him a no-jail sentence Wednesday, saying he was unaware his actions were illegal until midway through.

  • May 18, 2017

    Enviros Hit EPA With Suit Over Lake Erie Toxic Algae Issue

    The U.S. Environmental Protection Agency on Wednesday was hit with another suit seeking to force it to decide whether the western basin of Lake Erie in Ohio should be designated as “impaired,” with environmental advocates saying that the lake has been plagued by pollution that has led to harmful algal booms.

  • May 18, 2017

    MSA Wants $2M More In Fees In North River Asbestos Fight

    A Pennsylvania state judge has been urged to tack another $2 million in legal fees and court costs onto a $58 million damages award against North River Insurance Co. in a dispute over coverage for asbestos-related product liability claims.

  • May 18, 2017

    Pa. Man Fights Honda's Bid To Rehear Appeal Of $55M Verdict

    An individual who was rendered a quadriplegic after an auto accident urged a Pennsylvania appeals court Thursday not to allow reargument of a decision that affirmed a $55 million jury verdict against Honda on the grounds that the company knew about a seatbelt defect.

  • May 18, 2017

    Painkiller Battles Loom Over NFL Despite Early Success

    A California federal judge this week decimated a lawsuit claiming 32 NFL teams and team doctors pushed players to abuse prescription painkillers, though the threat of an appeal and other individual claims over what some former players argue is a pervasive problem will continue to hang over the league.

  • May 18, 2017

    ‘Natural’ Sex Drugs Hide Harmful Ingredients, Suit Says

    An adult toy store owner has mislabeled sexual enhancement treatments as “dietary supplements” that don’t require a prescription even though they unlawfully contain hidden ingredients, according to a complaint filed in California federal court by a competing supplements maker.

  • May 18, 2017

    Smokers Can Rely On Engle To Prove Liability, 11th Circ. Says

    The Eleventh Circuit handed smokers a win Thursday with a ruling that says federal law does not bar them from using the landmark Engle tobacco class action's jury findings to establish strict liability and negligence claims.

  • May 18, 2017

    4 Automakers Pay $553M To Exit Takata Air Bag MDL

    Automakers Toyota, Subaru, Mazda and BMW have agreed to pay a combined $553.6 million to settle allegations in pending multidistrict litigation over dangerously defective Takata Corp. air bags, the plaintiffs announced Thursday.

Expert Analysis

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • UK Product Liability Law Moves Toward US Norms

    Marilyn Moberg

    Metal-on-metal hip prosthesis litigation is still in its infancy in the United Kingdom, but a landmark English High Court decision in one such case adopts many of the product liability doctrines and principles that apply in the U.S. This is welcome news for manufacturers who sell medical products in the U.K., say Marilyn Moberg and Kathryn Bond of Reed Smith LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • 'Milking' The 1st Amendment To Defend Food Label Claims

    Andre Timothy Hanson

    The Eleventh Circuit's decision in Ocheesee Creamery v. Putnam could have potentially significant ramifications for the labeling and advertising of foods and pharmaceuticals. The opinion shows that it may be time for companies to more aggressively defend their First Amendment rights, say Andre Timothy Hanson and Saul Howard Perloff of Norton Rose Fulbright US LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Honestly, What Is The Best Science?

    William Walsh

    No doubt, there will be a vigorous debate over which interpretation of “best science” the new administration should (or must) apply in developing chemical regulations. It is therefore timely to review briefly these science policy issues and speculate over whether there is any hope that there are opportunities to reach consensus on this issue, says William Walsh of Clark Hill PLC.

  • Scott Gottlieb And The Future Of The FDA

    Kristi Wolff

    The Senate Committee on Health, Education, Labor and Pensions recently held a hearing on the nomination of Scott Gottlieb to be the next commissioner of the U.S. Food and Drug Administration. His comments on FDA policy issues including drug pricing and approvals, food safety and labeling, and the tobacco “deeming” rule offer guidance on the future of the agency, say attorneys from Kelley Drye & Warren LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • How Due Process Limits Personal Jurisdiction

    Daniel Jaffe

    For purposes of general jurisdiction, multinational or multistate companies must consider the litigation attributes of the state where they choose to incorporate, or locate their principal place of business, as well as where they locate relatively large portions of their operations. Personal jurisdiction issues in each state should be assessed as part of sound risk management, says Daniel Jaffe of Husch Blackwell LLP.