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Product Liability

  • August 3, 2018

    Cuisinart Hit With Suit Over Exploding Pressure Cooker

    A South Dakota woman who says she was sprayed with scalding chili because of a defective lid lock on her Cuisinart pressure cooker has filed a proposed class action against the appliance company in Connecticut federal court.

  • August 3, 2018

    VW, Bondholders Spar Over Axing Emissions Fraud Suit

    Volkswagen and bondholders squared off before a California federal judge Friday over claims the automaker duped investors into buying overpriced bonds based on misleading offering documents that concealed its diesel emissions scandal, with Volkswagen arguing that bondholders haven't adequately pled they relied on the documents to make the investments.

  • August 3, 2018

    Nearly 400 Sick From McDonald's Salad, FDA Says

    The U.S. Food and Drug Administration and Centers for Disease Control and Prevention have confirmed that 395 cases of Cyclospora infection have been reported by people in 15 states who consumed salads from McDonald’s.

  • August 3, 2018

    Ex-Tenants Seek Cert. In Fire Class Action Against Developer

    Two former tenants of a luxury apartment building moved Friday in New Jersey federal court for certification in their proposed class action against the complex’s developer over a fire that temporarily displaced them and left a foul odor.

  • August 3, 2018

    Juno Investors Reach $24M Deal In Stock-Drop Class Action

    A certified class of investors in Juno Therapeutics told a Washington federal judge on Thursday that it has reached a $24 million settlement to resolve claims that the biopharmaceutical company's failure to disclose the death of one of its immunotherapy patients led to a 30 percent drop in its share price.

  • August 3, 2018

    Consumers Settle Suit Claiming Wood Shingles Were Faulty

    Consumers pursuing a putative class action against California-based Maibec Inc. for its allegedly defective wood shingles have reached a settlement, according to a filing in New Jersey federal court on Thursday.

  • August 3, 2018

    Smucker, Transnational Hit With Olive Oil Labeling Suits

    The J.M. Smucker Co. and Transnational Foods Inc. were slapped with proposed class actions in California federal court Thursday alleging that they dupe customers by labeling products as extra virgin olive oil when that's not actually the case.

  • August 2, 2018

    Mich., Gov. Dropped From Bias Suit Over Flint Water Crisis

    A Michigan federal judge has dismissed claims against the state of Michigan, Gov. Rick Snyder and others from a proposed class action alleging the largely black city of Flint, Michigan, wasn't treated as well as a neighboring, mostly white county during a lead-tainted drinking water crisis.

  • August 2, 2018

    Financial Firms Accused Of Flouting Court Order In NFL Suit

    Class counsel for ex-NFL players in the massive concussion settlement on Monday turned up the heat on an investment manager accused of misusing $3 million in class members’ savings, telling a Pennsylvania federal court that the company has refused to turn over its books and is embroiled in several legal actions.

  • August 2, 2018

    Fiat, Bosch Face Uphill Fight In Axing MDL’s RICO Claims

    A California federal judge appeared unswayed Thursday by Fiat Chrysler and Bosch’s arguments that only regulators, not consumers, are entitled to relief under the Racketeer Influenced and Corrupt Organizations Act in multidistrict litigation over cheating on emissions testing, saying, “At the end of the day, they paid for a car that they didn’t get.”

  • August 2, 2018

    VA Officials Resist Benefits For 'Blue Water' Vietnam Vets

    Senior U.S. Department of Veterans Affairs officials pushed back against a bill that would restore presumptive access to benefits related to Agent Orange-linked illnesses for "blue water" Navy veterans who served offshore during the Vietnam War, saying there was no scientific basis to support that presumption.

  • August 2, 2018

    Fee Committee Blasts DQ Bid In 'Never-Ending' Drywall Fight

    The fee committee in multidistrict litigation over allegedly defective Chinese drywall on Wednesday blasted Parker Waichman LLP's motion to disqualify the chair and co-chair, telling a Louisiana federal court the bid has little to do with any conflicts and instead is the just the latest in a string of "scorched earth" attempts to cause havoc in the “never-ending” dispute over legal fees.

  • August 2, 2018

    Food Group Sues USDA Over Delayed GMO Rule Release

    A nonprofit group that pushes to protect consumers and the environment from the harms of industrial agriculture sued the U.S. Department of Agriculture in California federal court, saying the agency has not met deadlines to publish regulations regarding genetically engineered products in food.

  • August 2, 2018

    Walmart Beats Insurer's Appeal In $1.7M Heater Fire Suit

    A Texas appeals court on Thursday affirmed that the property insurer for a Corpus Christi U.S. Postal Service office cannot seek to hold Walmart Inc. liable for $1.7 million in fire damage traced to a defective space heater allegedly sold by the retail giant, holding that the insurer’s suit fails under a state law shielding “innocent sellers” from product liability claims.

  • August 2, 2018

    Ford Can't Shave All Classes In Faulty Touch Screen Row

    A California federal judge kept intact certain state claims in a class action alleging Ford Motor Co. sold vehicles with faulty touch screens, shaving only a Massachusetts consumer fraud claim as the parties ready for trial after abandoning an estimated $50 million settlement that the judge called problematic.

  • August 2, 2018

    Locks Law Appeals NFL Concussion Deal Fees Breakdown

    Locks Law Firm on Thursday filed notice with the Pennsylvania federal court handling the NFL concussion settlement that it is appealing the order allocating $112.5 million in attorneys' fees in the case.

  • August 2, 2018

    CNA Needn't Defend Atty DQ'd From Deepwater Deal

    A CNA Financial Corp. unit doesn’t have to cover costs Andry Law Group LLC and its principal incurred defending proceedings that led to the firm being barred from participating in the court-supervised settlement program for the Deepwater Horizon oil spill, a Louisiana federal judge ruled Thursday, saying the firm faced no claims for potentially covered damages.

  • August 2, 2018

    Allergan Files 3rd-Party Claims Against Pfizer In Opioid MDL

    Allergan Finance LLC has hit Pfizer Inc. and a subsidiary with third-party claims in multidistrict litigation over the opioid crisis, arguing that Allergan should be indemnified for having to defend pre-2009 misleading marketing allegations relating to a prescription opioid.

  • August 2, 2018

    NJ Accutane Ruling Raises Bar For Expert Witnesses

    The New Jersey Supreme Court's decision Wednesday to wipe out the Accutane mass tort case imposed stricter guidelines on scientific evidence used to support claims, and it could stem the tide of low-merit claims flowing into Garden State courts as litigants need to be more selective when enlisting expert witnesses, experts say.

  • August 2, 2018

    Fitbit Cuts Deal To Put Sleep-Tracker Suit To Bed

    Fitbit Inc. inked a deal to resolve class claims that customers paid extra for devices with a sleep-tracking function that doesn’t work as advertised, preempting oral arguments set for Thursday in California federal court.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 1

    Kirk Hartley

    Genomic data and technologies can assist both plaintiffs and defendants in toxic tort and personal injury cases in uncovering the underlying causes of disease. In coming years, the influence of genomics in civil law will be even broader than its influence in criminal law, say attorney Kirk Hartley and scientific consultant David Schwartz of ToxicoGenomica.

  • Online Pharmaceuticals – But Not Much Online Liability

    James Beck

    Online sales platforms are allowing a plethora of over-the-counter medications to be sold by a myriad of manufacturers. This can lead to situations where product liability plaintiffs are left with nobody to sue. It is not surprising to see plaintiffs attempt to sue online marketplaces; but for, now the law is not letting them get away with it, says James Beck of Reed Smith LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Get Ready For Digital Health Product Liability Cases

    Raymond Williams

    As we experience more collaborations among digital health startups, app software designers, artificial intelligence firms and drug and medical device companies, manufacturers should be cognizant that digital health products may require a more nuanced approach to product liability law, say Raymond Williams and Jae Kim of DLA Piper.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.