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Product Liability

  • September 10, 2018

    BMW AG Wants Out Of Auto Recyclers' Takata Air Bag Claims

    BMW AG tried Friday to get out of class claims from automotive recycling companies over defective Takata Corp. air bags, arguing that the Florida federal court overseeing the air bag multidistrict litigation does not have jurisdiction over the German auto company.

  • September 10, 2018

    Can BigLaw Avoid Another Associate Purge?

    The legal industry has shown some caution in rebuilding its pool of associates after the dramatic layoffs of thousands during the last recession. But have firms done enough to survive the next?

  • September 10, 2018

    8th Circ. Backs $25K Atty Sanction In Enbrel Discovery Row

    The Eighth Circuit on Monday upheld a lower court's decision to limit discovery in a woman's suit alleging that a prescription psoriasis and arthritis drug led to her husband's death and to levy a $25,000 sanction against her attorney for trying to relitigate issues the court had already ruled on.

  • September 10, 2018

    Calif. Spill Conviction Is A Wake-Up Call For Pipeline Cos.

    A California state jury on Friday convicted Plains All American Pipeline LP on several charges stemming from a 2015 pipeline spill, a result that should sound the compliance alarm for pipeline companies everywhere and further embolden opposition to oil and gas project development and permitting, attorneys say.

  • September 10, 2018

    Insurer Stuck With $4.7M Verdict Over Faulty Mobile Homes

    Century Surety Co. lost its bid in California federal court Friday to shake a $4.7 million jury verdict requiring the insurer to cover a settlement over allegedly defective mobile homes.

  • September 10, 2018

    Severson & Werson Adds 3 Partners To Trial Practice

    Severson & Werson has expanded its trial practice, bringing three new partners versed in a variety of court cases to its San Francisco office from Archer Norris PLC.

  • September 10, 2018

    Sheet Metal Co. Hits Ch. 11 In Wake Of Asbestos Suits

    Duro Dyne Corp., a manufacturer of sheet metal equipment and accessories, filed for bankruptcy in New Jersey on Friday with lingering liabilities from asbestos exposure litigation dating back 30 years, saying it has exhausted various insurance policies.

  • September 10, 2018

    Jeep Drivers Say Transmissions ‘Plagued With Problems’

    Jeep Cherokee drivers slapped Fiat Chrysler America LLC with a proposed class action Friday, telling a New York federal court that the automaker has failed to fix a defective nine-speed automatic transmission that has been “plagued with problems from the start.”

  • September 10, 2018

    Two-Jury Trials Could Light New Way For Fla. Tobacco Cases

    A possible solution to clearing the thousands-deep backlog of tobacco cases in Florida might have been sparked in an innovative recent tobacco trial in the U.S. Virgin Islands: two plaintiffs, and two juries, but tried at the same time in the same courtroom, resulting in $113 million in verdicts.

  • September 10, 2018

    Olin Settles Enviro Cleanup Coverage Feud For $120M

    Olin Corp. appears set to receive $120 million to settle its lengthy dispute with Lamorak Insurance Co. over the insurer's liability for costs tied to legacy environmental remediation at the chemical maker's sites across the U.S., according to a filing with the U.S. Securities and Exchange Commission.

  • September 10, 2018

    Mercedes Driver Fights To Keep Radiator Defect Suit Intact

    A Mercedes-Benz driver urged a Massachusetts federal court Friday to keep intact his proposed class action claiming the automaker hid a radiator defect from consumers, arguing that the company's dismissal bid is “nothing more than advocacy” that the court must ignore.

  • September 10, 2018

    Imprimis Sanctioned Again For Flouting Discovery Order

    A California federal judge has sanctioned Imprimis Pharmaceuticals Inc. for the second time after it violated a discovery order in a closely watched false advertising suit brought by Allergan USA Inc., ordering the drug compounder to provide the withheld documents and pay attorneys' fees.

  • September 10, 2018

    Muscle Milk Buyers Get Partial Cert. In Nutrition Labeling Row

    A California federal judge has partially certified various classes and subclasses of consumers who had sued the makers of Muscle Milk alleging that the company’s product labels overstate the nutritional benefits of the brand’s protein supplements.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Cigarettes And Asbestos Gave Man Fatal Cancer, Jury Told

    A combination of smoking cigarettes made by R.J. Reynolds and Philip Morris and exposure to an auto parts company's asbestos-laden brakes caused a man's fatal lung cancer, counsel for the man's widow told a Boston jury during Friday opening statements.

  • September 7, 2018

    Monsanto Can Keep Defenses In San Diego Bay Pollution Row

    San Diego can’t shake Monsanto’s contention that it’s at least partially to blame for pollution in the San Diego Bay, a federal judge ruled Thursday, finding that the agribusiness’ affirmative defenses, including claims the Southern California city and its port district had unclean hands, deserve more evidence before dismissal.

  • September 7, 2018

    FirstEnergy, NRG Escape Pa. Families’ Coal-Dumping Suit

    A Pennsylvania federal magistrate judge on Friday sided with two energy companies in a suit claiming they’re responsible for coal dust pollution from their power plants, ruling they did not control or operate the plants and, under state law, a parent corporation is not liable for its subsidiaries’ conduct.

  • September 7, 2018

    Bondholder's Fixed VW Suit Survives But Can't Be Expanded

    In the latest development stemming from the Volkswagen emissions-cheating scandal, a California federal judge told a bondholder Friday that its second amended complaint could survive the carmaker's dismissal bid, but could not be amended to include insider trading claims.

  • September 7, 2018

    Suit Over Bayer's Twice-Daily 'One A Day' Gummies Revived

    A California appellate court on Friday reversed the dismissal of a putative class action accusing Bayer Corp. of misleading consumers about its so-called One A Day gummy vitamins, which the pharmaceutical company actually recommends taking twice a day.

Expert Analysis

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

    Monica Sullivan

    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.