Product Liability

  • 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

    Amazon.com 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.

  • September 15, 2017

    Harvard Prof Slated As Fees Expert In NFL Concussion Case

    A Pennsylvania federal judge on Thursday appointed Harvard Law School professor William B. Rubenstein to address several questions surrounding attorneys’ fees payouts in the uncapped NFL concussion settlement, overruling concerns that his involvement may create a conflict of interest.

  • September 15, 2017

    2nd Circ. Axes J&J Win In Pfizer Advertising Feud

    The Second Circuit on Friday wiped out Johnson & Johnson’s victory over Pfizer Inc. in a dispute over Advil advertisements, finding that a district judge blocked the ads without justification.

  • September 15, 2017

    Marine Chain Co. Appeals Petrobras' $400M Suit To 5th Circ.

    A Spanish manufacturer on Thursday challenged a Texas federal judge's decision not to freeze a $400 million suit brought by Petrobras America Inc. and its insurers for arbitration, the third time an issue in the long-running case will be taken to the Fifth Circuit.

  • September 14, 2017

    No New Trial For GSK In Suit Over Reed Smith Atty's Suicide

    GlaxoSmithKline can’t have a new trial after losing a $3 million case over the suicide of a Reed Smith LLP attorney, an Illinois federal judge ruled Thursday, concluding among other things that an expert on stress at international law firms wouldn’t have changed the outcome.

  • September 14, 2017

    Pruitt Tells Industry EPA Will Reconsider Coal Ash Rule

    The Environmental Protection Agency will “reconsider” key parts of an Obama administration rule that governs the handling of coal ash, it has said, after an industry trade group and others currently suing over the rule asked the agency to take a second look at it.

  • September 14, 2017

    Thoratec Hid Heart Device Risks, Investor Tells 9th Circ.

    A Thoratec Corp. investor urged a Ninth Circuit panel on Thursday to revive his putative shareholder class action alleging the medical device company hid the risks linked to its heart devices, arguing that he sufficiently pled Thoratec knew it would lose its market share if it disclosed the devices’ blood-clotting rates.

  • September 14, 2017

    Takata US Creditors Fight Planned Payment To Parent Co.

    Defunct airbag maker Takata’s U.S. unit TK Holdings shouldn’t have to pay retainer fees incurred by the Japanese parent company through a plea deal with the U.S. Department of Justice, the subsidiary’s unsecured creditors told a Delaware bankruptcy court Wednesday.

Expert Analysis

  • 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.

  • Dairy Vs. Plant-Based 'Milks': A Regulatory Standoff

    Katie Gates Calderon

    Sales of nondairy milk alternatives are flourishing, but the dairy industry charges the U.S. Food and Drug Administration with failing to enforce its own labeling regulations regarding the definition of "milk." The longer terms like soy milk, almond milk and coconut milk remain in use, the stronger the argument for their continued use to describe these products, say attorneys with Shook Hardy & Bacon LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • Rebuttal

    Assessing 'The Value Of Class Actions'

    Andrew Pincus

    In a recent Law360 opinion piece, Gary Mason claimed that class actions provide “significant benefits” to class members. But the study he conducted to support this conclusion shows just the opposite, says Andrew Pincus of Mayer Brown LLP.

  • Challenging The FDA On 'Natural' Cigarettes

    Bryan Haynes

    A recently filed lawsuit charges that a settlement agreement between the U.S. Food and Drug Administration and a cigarette company allowing the use of the word “natural” in product packaging and labeling violates the Administrative Procedure Act. But the plaintiff’s lack of standing could obviate decision of the motion’s second ground, say Bryan Haynes and Robert Claiborne of Troutman Sanders LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • TSCA Reform: Less Backlog But Greater Regulatory Burden

    Robert DeMott

    Earlier this month, the U.S. Environmental Protection Agency announced that the backlog of Toxic Substances Control Act new chemical reviews resulting from the agency’s suspension of reviews has been eliminated. But there are structural aspects of the updated TSCA program that now create more extensive demands on submitters and reviewers, say Robert DeMott and Gavin Thompson of Ramboll Environ.