Product Liability

  • March 16, 2017

    Investors Say VW's Admissions Of Guilt Are Proof Of Intent

    A proposed class of Volkswagen AG investors on Wednesday told a California federal court to resolve some of their claims accusing the automaker of scheming to cheat emissions standards, arguing that the company acknowledged the truth of certain claims when it agreed to plead guilty to civil and criminal charges.

  • March 16, 2017

    NFL Says Players' 'Best Case' In Painkiller Suit Falls Short

    Despite a California federal judge’s request that retired NFL players “plead their best case” that teams pushed them to abuse painkillers, the players’ second amended complaint falls short and should be dismissed, the NFL and some of its teams said Wednesday.

  • March 16, 2017

    Hyundai Recalls 978K Sonatas Over Faulty Seat Belts

    Hyundai Motor America has recalled about 977,778 Sonatas after discovering that the front seat belts can come loose in a collision, a defect that has caused one minor injury so far.

  • March 16, 2017

    VW Slams German Prosecutors After Jones Day Office Search

    A search of Jones Day’s Munich office prompted harsh criticism from Volkswagen AG on Thursday, as the automaker promised to take action over a probe into the law firm hired to conduct an internal investigation of the company in the aftermath of its diesel emissions scandal.

  • March 16, 2017

    ‘Greed And Fraud’ At Deadly Pharmacy, Murder Trial Jury Told

    A Massachusetts pharmacist’s shocking and extreme disregard for human lives caused the worst pharmaceutical disaster in American history and the deaths of 25 of people during the 2012 meningitis outbreak, federal prosecutors told a jury in closing arguments in Boston Thursday.

  • March 16, 2017

    Cephalon Settles FCA Suit Over Provigil Marketing

    Cephalon Inc. has settled a whistleblower's False Claims Act suit over the company’s alleged off-label promotion of its narcolepsy drug Provigil, according to an order filed in Pennsylvania federal court Thursday.

  • March 16, 2017

    Medtronic Investor Wants Full 8th Circ. To Rethink Case

    The Eighth Circuit should have taken a fresh look at a Medtronic Inc. shareholder case instead of checking the district court dismissal for legal and reasoning errors and ultimately affirming it, the suing investor said Wednesday in seeking full circuit review.

  • March 16, 2017

    Female Lawyers Are Still Struggling To Land Lead MDL Roles

    While more and more female attorneys are shattering the glass ceiling and securing leadership posts in multidistrict litigation, the high-stakes, high-paying world of MDLs is still largely male-dominated, with only 16.5 percent of lead attorney roles going to women over the past five years, a new study shows.

  • March 15, 2017

    EU Agency Says Monsanto Weedkiller Doesn't Cause Cancer

    European regulators said Wednesday that the active ingredient in Monsanto’s weedkiller Roundup doesn’t cause cancer, a day after a California judge in consolidated litigation over the substance made public documents that indicated a U.S. environmental official had offered to “kill” a federal agency's study of the chemical's safety.

  • March 15, 2017

    FDA Rejected Paxil Label Changes, GSK Says In Suicide Trial

    GlaxoSmithKline told an Illinois federal jury Wednesday that the U.S. Food and Drug Administration four times rejected a label change that would have alerted doctors of the increased risk of suicide in some adult patients taking Paxil, a warning that the widow of a Reed Smith partner says would have saved her husband’s life.

  • March 15, 2017

    Marshall Islands Asks 9th Circ. To Revive Nuke Treaty Suit

    The Marshall Islands asked the Ninth Circuit to revive its case alleging the U.S. has flouted legal obligations under a nuclear disarmament treaty, saying at a hearing Wednesday that as a party to the agreement, the Pacific nation has standing to sue over the United States' failure to “show up” to negotiations.

  • March 15, 2017

    Mich. Tribe Seeks End To Woman's Slip-And-Fall Suit

    The Sault Ste. Marie Tribe of Chippewa Indians pressed a Michigan federal court Monday to rule that it cannot hear a woman’s case challenging a tribal appellate court’s decision to toss her tort claims stemming from an incident in which she fell at a convenience store owned by the tribe.

  • March 15, 2017

    Kirkland, Quinn Attys Join New Firm Pierce Sergenian

    The two-month-old litigation law firm Pierce Sergenian LLP has hired a Kirkland & Ellis partner and Quinn Emanuel counsel to join its fast-growing team of high-stakes trial lawyers practicing out of its Los Angeles office, the firm said.

  • March 15, 2017

    FDA Panel Says Endo Painkiller Risks Exceed Benefits

    A U.S. Food and Drug Administration advisory committee tasked with reviewing the risks of Endo Pharmaceutical’s opioid painkiller Opana ER determined that they outweigh its benefits on Tuesday, following a two-day discussion of whether the pills’ reformulation deterred abuse.

  • March 15, 2017

    Ford Pickup Owners Say Doors Fail In Sub-Freezing Temps

    A New York state pickup truck owner hit Ford Motor Co. with a putative class action alleging its F-150 pickup trucks aren’t as “Ford Tough” as commercials claim, saying the vehicles’ doors fail to latch closed and lock in below-freezing temperatures.

  • March 15, 2017

    Amtrak Ducks Suit For $1.6M Derailment Victim's Hospital Bill

    A Pennsylvania federal judge on Wednesday tossed Temple University Hospital’s bid to get Amtrak to reimburse it for $1.6 million it spent treating an injured passenger from Amtrak’s fatal May 2015 train derailment in Philadelphia, saying there’s no enforceable contract placing Amtrak on the hook for the bill.

  • March 15, 2017

    Army, Airport Services Co. Owe $5.9M For Plane Damage

    The U.S. Army and a private airport services company owe $5.9 million to a company alleging that its plane was damaged beyond repair thanks to the purportedly negligent handling of an Army Blackhawk helicopter, a Mississippi federal judge ruled Wednesday.

  • March 15, 2017

    Groups Push For Permanent Delaware Watershed Frack Ban

    More than 180 groups including the Delaware Riverkeeper Network, Sierra Club, Earthjustice and Greenpeace USA submitted a letter to the Delaware River Basin Commission Wednesday calling for a permanent ban on fracking within the Delaware River Watershed, according to a news release announcing the request.

  • March 15, 2017

    'Incoherent' Args Can't Defeat Roca Asset Freeze, FTC Says

    The Federal Trade Commission on Tuesday urged a Florida judge to ignore “incoherent arguments and misleading statements” put forward by diet pill maker Roca Labs and its owners in an attempt to vacate a temporary injunction freezing its assets in the agency’s false advertising lawsuit against them.

  • March 15, 2017

    VW Slams 'Windfall' Sought By Objectors To Emissions Deal

    Volkswagen AG on Tuesday swung back at a restitution bid by a group of objecting drivers in criminal proceedings over the company's emissions cheating scandal, telling a Michigan federal court on Tuesday that figuring out what each individual driver is due would inordinately draw out the litigation.

Expert Analysis

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • CPSC Civil Penalties: A Statistical Analysis

    Jonathan Judge

    In 2015, U.S. Consumer Product Safety Commission Chairman Elliot Kaye announced that he had directed CPSC staff to seek “double-digit” penalties from companies found to be in violation of the Consumer Product Safety Act. Kaye appears to have accomplished his stated goal — a statistical analysis of agency fines shows that companies are being punished more severely than before, says Jonathan Judge of Schiff Hardin LLP.

  • Individual Defense In The Shadow Of Corporate Guilty Pleas

    Jessica K. Nall

    Corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But whether their corporate employer pleads guilty or pursues an alternative resolution, there are other factors at play that can make a bigger difference to the eventual outcome for individuals, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Series

    My Strangest Day In Court: When My Expert Had A Meltdown

    Esther Holm

    As I was going through one of the plaintiff’s claims — post-traumatic stress disorder — with my expert witness, the good doctor could not even recall the elements of the disorder! Then, suddenly, he pointed his finger at a young juror, remembers Esther Holm of Lewis Brisbois Bisgaard & Smith LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • California Omissions Claims: Safety Required?

    David Stein

    California has the nation’s most powerful consumer protection statutes, but in recent years, the state’s federal courts have imposed a major constraint on omission claims brought under those statutes. The good news for consumers is that recent developments suggest this constrictive view of California consumer protection law is ending, say David Stein and Amanda Karl of Girard Gibbs LLP.

  • Long-Arm Jurisdiction In Missouri And Beyond: Part 2

    Angela Higgins

    The U.S. Supreme Court has been clear that contact-based specific personal jurisdiction requires that a particular plaintiff’s claim arise out of the defendant’s contacts with the forum state. Still, California, Missouri and some other jurisdictions have let nonresidents use their states to litigate disputes that are wholly unrelated to defendants’ conduct within the state, says Angela Higgins of Baker Sterchi Cowden & Rice LLC.

  • Adapting Supply Relationships To Embrace Disruptive Tech

    Marjorie H. Loeb

    Building connected and autonomous vehicles requires the automotive industry, both manufacturers and traditional component suppliers, to embrace disruptive technology and work hand-in-hand with information technology providers. Bringing together these two spheres, however, will not be without its challenges, say Marjorie Loeb and Linda Rhodes of Mayer Brown LLP.