Product Liability

  • July 19, 2017

    VW Bondholders Can Press On In Emissions Scandal MDL

    Bondholders can continue to bring a putative class action against Volkswagen alleging inflated bond values caused by the 2015 diesel emissions scandal, a California federal judge ruled Wednesday, though he trimmed some claims against corporate and individual defendants.

  • July 19, 2017

    GM Hid SUV Shifter Danger, Must Pay $2.9M, Jury Holds

    A Connecticut federal jury on Wednesday found that General Motors’ failure to warn about the dangers of the shifters in Chevrolet Suburbans caused an accident that killed an 8-year-old girl and injured her brother and hit the automaker with $2.875 million in damages.

  • July 19, 2017

    Jury Told Nissan Owes $231M For Fatal Crash-Causing Defect

    Attorneys for family members of three people killed in a traffic accident and the driver that hit them urged a California jury on Wednesday to find that the crash was caused by a brake defect in the driver’s Nissan-made SUV, and asked for more than $231 million in damages.

  • July 19, 2017

    House Subcommittee OKs Self-Driving Vehicle Legislation

    A U.S. House subcommittee on Wednesday approved proposed legislation that would federally regulate self-driving vehicles, a bipartisan effort that legislators on both sides of the aisle said was driven by a desire to improve safety on the nation’s roadways.

  • July 19, 2017

    GM Settlement Over Fuel-Economy Labels Gets Green Light

    A Michigan federal judge preliminarily approved on Wednesday General Motors LLC’s multimillion-dollar deal that would resolve a putative class action alleging the automaker overstated the fuel economy of three of its sport utility vehicles, with the class attorneys receiving $1.3 million in fees.

  • July 19, 2017

    F-35 Oxygen Systems Get Upgrade After Hypoxia Scare

    The program office for the F-35 Lightning II joint strike fighter is planning changes to the jets’ onboard oxygen generation system, after reports of hypoxia-like symptoms from pilots of the aircraft at Luke Air Force Base, Arizona, according to media reports.

  • July 19, 2017

    GNC Can't Shake Consumer's Suit Over Glutamine Labels

    GNC lost its bid to nix a putative class action from consumers alleging misleading glutamine supplement labels after a Florida federal judge Wednesday said the lead plaintiff can rely on scientific studies to back his claims the products don’t work as promised.

  • July 19, 2017

    DEA Asks DC Circ. To Enact Ban On Opioid Supplier's Sales

    The Drug Enforcement Administration has urged the D.C. Circuit to put into effect an order blocking prescription medication supplier Masters Pharmaceutical Inc. from selling controlled substances, after the court rejected Masters’ request to review the sales ban.

  • July 19, 2017

    Pa. Court Orders New Damages Trial In Lost Fingers Suit

    A Pennsylvania appeals court on Tuesday tossed a $4.7 million verdict awarded to a man who received negligent medical treatment from a doctor and Temple University Hospital resulting in finger amputations, saying a new damages trial is necessary because the trial judge should’ve allowed evidence of a prior criminal conviction.

  • July 19, 2017

    Amphetamine-Laced Supplements Land Florida Exec In Jail

    The former president of a dietary supplement sales, marketing and distribution facility got slapped on Tuesday in Florida federal court with an 18-month prison sentence for introducing misbranded food containing amphetamines into interstate commerce, along with a $2.5 million money judgment reflecting the proceeds obtained due to the offense.

  • July 19, 2017

    Volvo Can't Dodge Class Action Over Rear Camera Glitch

    A New Jersey federal judge on Tuesday kept alive a proposed class action alleging Volvo Cars of North America LLC equipped certain vehicles with defective rear cameras, saying the court needs more information before making a ruling.

  • July 19, 2017

    10th Circ. Puts US Back On Hook For NM Mine Cleanup Costs

    The Tenth Circuit on Wednesday said the U.S. government is liable for cleanup costs at a New Mexico mine site on federal land operated by a Chevron Mining Inc. predecessor, reversing a lower court ruling that the government's ownership of the land was too tenuous to convey Superfund liability.

  • July 19, 2017

    Rising Star: Covington's Shankar Duraiswamy

    The role of Covington & Burling LLP's Shankar Duraiswamy in defending air bag maker Takata Corp. in high-profile litigation in the wake of the largest public safety recall in U.S. history and regulatory investigations landed him a place among the five product liability attorneys under 40 honored by Law360 as Rising Stars.

  • July 19, 2017

    Surgery Tool Maker Sued Over NJ Woman's Cancer Death

    The estate of a deceased cancer patient has filed a wrongful death suit in New Jersey court against the makers of a surgical tool and the hospital that used it to treat her uterine fibroids, saying that they both should have known the device could cause her to develop cancer.

  • July 19, 2017

    The 2017 Rising Stars, By Firm

    Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, Gibson Dunn & Crutcher LLP and Kirkland & Ellis LLP led the pack with eight Rising Stars each, followed by Latham & Watkins LLP, Mayer Brown LLP and Quinn Emanuel Urquhart & Sullivan LLP, which had six apiece. Weil Gotshal & Manges LLP rounded out the group with five Rising Stars.

  • July 18, 2017

    Ford's Air Bags Not At Fault In Fatal Crash, Jury Finds

    A Florida jury on Tuesday rejected allegations that a Ford Mustang’s air bags were to blame for a single car crash that killed two men, finding for Ford hours after the automaker argued the driver’s decision to drive drunk was to blame for the accident.

  • July 18, 2017

    GM 'Concealment' Still In Full Force, Jury Hears In Closings

    In closing arguments Tuesday in a federal bellwether trial against General Motors over allegedly defective ignition switches, an Arizona driver argued that the trial itself has been part and parcel of a cover-up and "concealment" strategy that GM faithfully follows to this day.

  • July 18, 2017

    RJ Reynolds Splits Blame In $1.6M Lung Cancer Verdict

    A Florida jury on Tuesday found that a longtime smoker and R.J. Reynolds Tobacco Co. were equally to blame for the lung cancer that ultimately caused her death, holding R.J. Reynolds is only partially responsible for a $1.65 million damages award.

  • July 18, 2017

    Ex-BP Exec Seeks Redo On Investor Claims In Oil Spill MDL

    A former BP executive on Monday asked a Texas federal judge presiding over multidistrict litigation related to the Deepwater Horizon oil spill to rethink his decision allowing investors to proceed with claims based on a 2007 statement the executive made about the status of a fiber-optic network project in the Gulf of Mexico.

  • July 18, 2017

    Investor Rips Atty Fee Requests In $100M Halliburton Deal

    An investor representing Halliburton Co. shareholders in a $100 million settlement with the company over its asbestos liability disclosures has slammed attorneys’ fees requests from two law firms previously involved in the case, telling a Texas federal court Monday that their work provided no meaningful benefit.

Expert Analysis

  • The Challenge Of Regulating Fidget Spinners

    Sarah Schiferl

    Like popular toys of the past, schoolyard buzz quickly piqued children’s desires for fidget spinners before most adults even knew what they were. But fidget spinners are different from other chart-topping toys in two important ways, and both distinctions implicate how the toys are regulated, say attorneys with Schiff Hardin LLP.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • The Value Of Protective Orders In Product Liability Cases

    Alan Hoffman

    Agreed upon protective orders can play an important and beneficial role in product liability cases. But, as always, it is imperative to follow governing authority and local practice, whether in state or federal court, and tailor the proposed order and motion to approve accordingly, says Alan Hoffman of Husch Blackwell LLP.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • The Dangers Of Partial CPSC Reports: The Kawasaki Penalty

    Jonathan Judge

    The U.S. Consumer Product Safety Commission recently announced that Kawasaki will pay a $5.2 million civil penalty, for untimely reporting of hazards involving off-highway vehicles and for misrepresentation in the report it did file. It is clear that the CPSC considers an incomplete report not only inadequate, but the equivalent of a false report, says Jonathan Judge of Schiff Hardin LLP.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Microsoft V. Baker Slams The Back Door On Rule 23(f)

    Alexandra Laks

    The U.S. Supreme Court's recent decision in Microsoft v. Baker affirmed that a plaintiff denied class-action certification and Rule 23(f) permission to appeal cannot create an appealable “final judgment” by voluntarily dismissing his or her claims with prejudice. This removes a powerful weapon in plaintiffs counsel’s arsenal, say Alexandra Laks and Claudia Vetesi of Morrison & Foerster LLP.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.