Product Liability

  • June 14, 2017

    Winn-Dixie Loses ADA Fight Over Website Accessibility

    A federal judge has ruled that the lack of accessibility of supermarket chain Winn-Dixie's website violated a blind Florida man's rights under the Americans with Disabilities Act, in what the parties believe was the first case to go to trial on this issue.

  • June 14, 2017

    Tenn. DAs, Addicted Baby's Guardian Sue Opioid Makers

    Three Tennessee district attorneys and the guardian of a baby born addicted to painkillers hit drugmakers Purdue, Endo and Mallinckrodt with a state court suit Tuesday alleging the companies stoked the opioid crisis, a case that also takes aim at the state’s damages caps.

  • June 15, 2017

    CORRECTED: Class Slams BASF’s Discovery Demand In Asbestos Suit

    A proposed class accusing BASF Catalysts LLC and its former counsel of concealing evidence in prior asbestos litigation said Tuesday that the recent U.S. Supreme Court case its adversaries are using to bolster their bid for expanded discovery isn’t relevant because the claims arise from state law, not federal law. Correction: An earlier version of this article misidentified the purpose of the class’ June 13 letter.

  • June 14, 2017

    Pa. School District Escapes Suit Over Lead, Copper In Water

    A Pennsylvania federal judge Wednesday signed off on a request by a potential class of parents for voluntary dismissal of their suit accusing their children's school district of not disclosing toxic levels of lead and copper in the water.

  • June 14, 2017

    Intel Owes $100M For Faulty Chips, Smartphone Maker Says

    Intel Corp. intentionally sold Qbex Computadores SA faulty microprocessors that compromised the electronics company's reputation and cost it $100 million when its smartphones began to overheat and explode, according to a complaint filed in California federal court on Tuesday.

  • June 14, 2017

    Theranos, Walgreens Get Blood Test Suit Largely Axed

    An Alaska federal judge sitting in Arizona federal court on Tuesday mostly scrapped consolidated proposed class actions against Theranos Inc. and Walgreen Co., but gave room to amend much of the complaint that alleges the companies misled customers about the accuracy of the startup’s blood tests.

  • June 14, 2017

    Corvette Drivers Say Car Is Too Hot To Handle Racing

    General Motors LLC revved up racetrack-driving enthusiasts with advertisements for its Corvette Z06, but failed to disclose a defective cooling system that causes engines to quickly overheat and the cars to limp along at drastically reduced speed, a proposed class of drivers told a Florida federal court Tuesday.

  • June 14, 2017

    Texas Co. Sells Possibly Dangerous Supplement, Suit Says

    A Texas-based supplement manufacturer was hit with a putative class action in Illinois’ Cook County Tuesday accusing it of failing to warn consumers that one of its products contains an “excessive and potentially dangerous amount of iodine.”

  • June 14, 2017

    Automakers Ask For Reg Clarity On Self-Driving Cars

    Automakers and technology companies asked lawmakers Wednesday to help clear the regulatory roadblocks currently preventing more autonomous vehicles from being tested on U.S. roads, saying self-driving car technology is advancing far quicker than regulators can draft guidance and rules for the cars' operation.

  • June 13, 2017

    FDA Warning Wire: Bad Drug Info, Lax Contact Lens Records

    The U.S. Food and Drug Administration said that a pharmaceutical wholesaler submitted wrong drug listing information to its public database, and a colored contact lens company was only using a customer survey to handle complaints. Here, Law360 brings you the latest in the FDA's enforcement actions.

  • June 13, 2017

    NHL Says Limitations Bid Is Appropriate In Concussion Case

    The National Hockey League has told a Minnesota federal court that the time is right for it to consider whether two former players belong in a proposed class action over the effects of head injuries, arguing there is no reason to wait until after class certification is decided.

  • June 13, 2017

    McKesson, CVS Look To Toss, Pause Cherokee Opioid Suit

    McKesson, CVS Health and other companies targeted by the Cherokee Nation's tribal court lawsuit seeking to hold them accountable for the opioid crisis plaguing its citizens moved on Monday to dismiss the dispute and, separately, to pause it while a federal court considers their attempt to block it from proceeding.

  • June 13, 2017

    Microsoft Ruling Backs Cymbalta Suit, Lilly Tells 9th Circ.

    The U.S. Supreme Court’s Monday decision in Microsoft Corp. v. Baker that plaintiffs can’t voluntarily dismiss their suit just to appeal a denial of class certification supports Eli Lilly & Co. in similar litigation over whether the drugmaker hid the magnitude of withdrawal risks for its antidepressant Cymbalta, Lilly told the Ninth Circuit on Tuesday.

  • June 13, 2017

    Calif. School Bus Co. Settles Student Death Suit For $23.5M

    A Los Angeles-area school bus company will pay a family $23.5 million to settle a wrongful death lawsuit after a 19-year-old non-verbal autistic student died when he was left unattended on a “sweltering” bus while the driver left to have sex with a co-worker, lawyers for the student's family said Monday.

  • June 13, 2017

    Canada Dry Buyers Agree To Combine False Ad Suits

    Several consumers told a California federal court Monday that they agree with Dr Pepper Snapple Group Inc.'s request to consolidate their proposed class action claiming Canada Dry ginger ale is falsely said to contain real ginger with a similar suit, drawing ire from the firm representing the individuals leading the other matter.

  • June 13, 2017

    Patient In First Xarelto Bellwether Wants New Trial

    A patient who lost the first bellwether trial in multidistrict litigation over allegations that Janssen and Bayer’s blood thinner Xarelto causes unstoppable bleeding has asked a Louisiana federal court for a new trial, arguing a pre-trial order blocked the jury from getting both sides of the story.

  • June 13, 2017

    Dutch, UK Drivers Linking Suits Over VW Emissions Scandal

    Tens of thousands of Volkswagen buyers in the United Kingdom and the Netherlands are coordinating their legal efforts against the carmaker over the "Dieselgate" emissions scandal, representatives for the buyers said Tuesday.

  • June 13, 2017

    FDA Lines Up Forum On Abuse-Deterrent Opioids

    Opioid drugs with abuse-deterrent properties could be one solution to the nation’s opioid addiction epidemic, but the U.S. Food and Drug Administration needs more data on the products, the agency's head said Tuesday while announcing a July public meeting on the subject.

  • June 13, 2017

    Fowler White Adds Immigration, Toxic Torts Partners

    Florida firm Fowler White Burnett PA has added two partners, including a former Foley & Mansfield PLLP toxic torts specialist and an ex-GRSH Law LLP immigration lawyer, to its office in Miami, the firm announced.

  • June 13, 2017

    Insurer Not Off Hook For Stinky Recycler Suit, NY Panel Says

    A New York appellate court has found that a hazardous materials exclusion does not clear Colony Insurance Co. of its obligation to defend a recycling plant operator from claims the plant is spreading a foul odor.

Expert Analysis

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Don't Overlook The 1st Amendment In Labeling Litigation

    Michael Mueller

    Arguing that the First Amendment provides protection for product labeling is far from a slam dunk. But recent cases in Florida, Vermont and the District of Columbia highlight that, depending on the jurisdiction in which claims are brought, product suppliers and retailers may be able to defend their advertising and labeling practices on constitutional grounds, say attorneys with Hunton & Williams LLP.

  • Privacy, Security And The Internet Of Medical Things

    Diane Romza-Kutz

    Internet-connected medical devices can provide many benefits, but they also raise cybersecurity risks, which the U.S. Food and Drug Administration has just begun to confront. Market participants should seek to get out in front of these challenges, say Diane Romza-Kutz and Matt Hafter of Thompson Coburn LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Discovery Sanctions Get Sanctioned

    Alan Hoffman

    Last month the U.S. Supreme Court reversed a sanctions order issued in Goodyear v. Haeger for bad faith discovery misconduct. And the Eighth Circuit recently reversed a district court sanctions order issued for “obstructive deposition practices.” While these sanctions were judged excessive, litigators must remember that aggressive discovery tactics are always a bad idea, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 'Pre-Approval' Design Defects? There's No Such Thing

    James Beck

    To counter preemptive U.S. Food and Drug Administration pre-approval design requirements, the plaintiffs bar has invented the concept of a “pre-approval” design defect. This novel type of claim targets the design of a drug as it stood before it was even submitted to the FDA. But this is a nonstarter under state law, and rightly so, says James Beck of Reed Smith LLP.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Legal Road Ahead For Autonomous Vehicles

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    Human error on the roads costs countless lives. As artificial intelligence in the driver’s seat grows more advanced, better outcomes are possible. But autonomous vehicles present many legal complexities. In this video, Eversheds Sutherland LLP partners Michael Nelson and Charlotte Walker-Osborn discuss the compliance challenges of the driverless future.

  • More Nutrition Info On Menus, More Class Actions In Court

    Abby Risner

    Including nutrition information on menus presents potential risk beyond regulatory compliance: consumer class actions. Even with the U.S. Food and Drug Administration’s menu labeling rules postponed until 2018, class actions in this area will undoubtedly persist, says Abby Risner of Greensfelder Hemker & Gale PC.