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Product Liability

  • January 4, 2019

    Ford Expands Air Bag Recall To Nearly 1 Million Vehicles

    Ford Motor Co. said Friday it is recalling nearly 1 million vehicles in the U.S. and Canada to replace potentially deadly Takata air bags, as well as certain EcoSport vehicles that may not meet seat-back strength requirements.

  • January 4, 2019

    Ford Escapes Suit Alleging Faulty Lug Nuts

    A Michigan federal judge on Friday dismissed a proposed class action that accused Ford of selling cars with defective lug nuts that impeded changing a tire, finding virtually nothing to support claims of breach of warranty, unjust enrichment or violations of consumer protection laws.

  • January 4, 2019

    Monsanto Says Consumers' Weedkiller Warning Claims Barred

    Monsanto Co. on Thursday told the California federal judge overseeing multidistrict litigation over its weedkiller Roundup that consumers' claims in three bellwether cases that the company failed to warn the herbicide caused cancer are preempted by federal insecticide law.

  • January 4, 2019

    Chevron To Settle Gas Additive Damages Suit For $11M

    Chevron USA and Union Oil Co. of California said they reached a settlement with a California water district prior to a Phase 1 trial scheduled to start this month, agreeing to pay $11 million to end claims over alleged drinking water contamination from gasoline releases.

  • January 3, 2019

    Syncrude To Pay CA$2.75M For Great Blue Heron Deaths

    Alberta-based oil sand mine operator Syncrude Canada Ltd. will pay CA$2.75 million ($2.04 million) to provincial and federal authorities after pleading guilty to violating the Migratory Birds Convention Act in the wake of the deaths of 31 great blue herons at one of its mine sites.

  • January 3, 2019

    GE Unit To Seek High Court Ruling In $45M Faulty Motor Row

    A French unit of General Electric Co. will be asking the U.S. Supreme Court to weigh in on an Eleventh Circuit decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' multimillion-dollar dispute over allegedly faulty motors, according to documents filed in an Alabama federal court on Wednesday.

  • January 3, 2019

    Susman Pioneer Is Back Home After 15 Years On Texas Bench

    A longtime Harris County judge who was swept out of office in November's “blue wave” midterm election has returned to the firm whose doors he helped open, Susman Godfrey LLP, the firm said Thursday, and is diving right into trial prep for a $171 million dispute over allegedly defective oil-drilling valves.

  • January 3, 2019

    Ex-NHL Player Slams NJ Devils With Head Injury Suit

    Former National Hockey League player Michael Peluso hit the New Jersey Devils on Thursday with a lawsuit in New Jersey federal court alleging the team concealed the risk of long-term neurological problems if he suffered further head injuries, a few months after a Minnesota federal judge said Peluso could not pursue similar claims in that state.

  • January 3, 2019

    GYNs Get Third Try At Cynosure 'Vaginal Rejuvenation' Suit

    Two gynecological practices can file a second amended complaint against cosmetic laser maker Cynosure, a Boston federal judge ruled Thursday, directing them to include more specific information about how the company allegedly duped them into buying its MonaLisa Touch product by marketing it for so-called “vaginal rejuvenation.”

  • January 3, 2019

    US Asks High Court To Take Up Key CWA Groundwater Case

    The U.S. Solicitor General's Office encouraged the nation's highest court Thursday to review a case that could determine whether or not facilities that pollute certain waterways via groundwater must be permitted under the Clean Water Act.

  • January 3, 2019

    Insurer Needn't Cover Fracking Well Fire Suits, Judge Says

    A North Dakota federal judge ruled Thursday that Great West Casualty Co. has no duty to defend or indemnify an Exxon Mobil Corp. unit or two contractors against lawsuits filed by a pair of workers who were injured in a fire near a fracking well, finding that a policy exclusion for injuries stemming from fracking operations clearly bars coverage.

  • January 3, 2019

    Former KC Chiefs Player's Ex-Wife Can't Exit Concussion Deal

    A Pennsylvania federal judge on Thursday dismissed a suit brought against the Kansas City Chiefs by a former player's ex-wife alleging concussions he sustained from playing hurt their relationship, finding that she cannot claim she informally opted out of a 2015 settlement the NFL had reached with players in multidistrict litigation.

  • January 3, 2019

    Apple Escapes Class Action Over Security Flaw Fixes

    A California federal judge on Wednesday tossed a proposed class action alleging that fixes for the security bugs known as Spectre and Meltdown slowed down the processing speed of Apple devices, finding that the consumers behind the suit lacked standing.

  • January 3, 2019

    Ag Co. Can't Duck Decision Calling Products 'Pesticides'

    A California appeals court has affirmed a decision by the state’s Department of Pesticide Regulation finding that three Caltec AG Inc. products should have been classified as pesticides, upholding a $784,000 fine against the company.

  • January 3, 2019

    GM Hit With Proposed Class Action Over Fuel Pumps

    General Motors was hit with a proposed class action in California federal court Wednesday by drivers alleging that some of the company's diesel trucks are “ticking time bombs” because their European-made injection pumps are incompatible with American fuel.

  • January 3, 2019

    Monsanto Roundup Buyers Denied Cert. In Wis.

    A Wisconsin federal judge has denied class certification to in-state buyers of Monsanto Co.’s Roundup weed killers who claim the labels misled them about their safety, saying a Wisconsin Supreme Court decision requires each individual plaintiff to show they lost money under the state's false advertising law.

  • January 2, 2019

    Schiff Hardin Escapes Insurer's Malpractice Suit At 5th Circ.

    Schiff Hardin LLP can’t be held liable to Ironshore Europe DAC for representations it made to the insurer during a product liability trial because those representations were made as part of the law firm’s legal services to its client, a Fifth Circuit appeals panel ruled Wednesday.

  • January 2, 2019

    Weyerhaeuser Joist Defect Suit Paused For Settlement Talks

    A Minnesota federal judge on Wednesday paused a proposed class action alleging that Weyerhaeuser Co. made defective joists that gave off formaldehyde in homes for settlement talks.

  • January 2, 2019

    Boeing Hit With Wrongful Death Suit In Fatal Lion Air Crash

    The family of the co-pilot who died aboard the doomed Lion Air Flight 610 when it plunged into the Java Sea in October blamed the crash on the Boeing 737's faulty sensors and inadequate aircraft manual, according to a wrongful death suit filed against Boeing in Illinois state court.

  • January 2, 2019

    Injured Driver Sues GM, Dealer Over Faulty Ignition Switch

    A driver has sued General Motors LLC and a Chicago-based auto dealership in Illinois state court, saying they sold a Buick with a defective ignition switch that caused him to crash and suffer injuries after the vehicle's airbags failed to deploy.

Expert Analysis

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Potential Impact Of New FDA Nutrition Label Requirements

    Lawrence Reichman

    Food companies are required to comply with updates to the U.S. Food and Drug Administration's Nutrition Facts labeling requirements by 2020. Lawrence Reichman and Cassie Roberts of Perkins Coie LLP review the changes and discuss possible effects on consumers and manufacturers.

  • Drug Design Defect Litigation Faces Its Demise

    James Beck

    A notable authority on tort law recently concluded that design defect claims involving prescription drugs approved by the U.S. Food and Drug Administration are preempted no matter how plaintiffs package them. But we should shed no tears over the demise of design-based litigation, says James Beck of Reed Smith LLP.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • E-Scooters May Present New Challenges For Employers

    Sue Schaecher

    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.

  • Dissent In Sikkelee Ruling Offers Preemption Road Map

    Jonathan Skowron

    As the dissenting judge pointed out, the Third Circuit majority's recent opinion in Sikkelee v. Precision Airmotive Corp. — restricting the impossibility preemption defense for federally regulated manufacturers — seemed to be more focused on perceived public policy considerations than strict adherence to case law, says Jonathan Skowron of Schnader Harrison Segal & Lewis LLP.