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Product Liability

  • July 11, 2018

    Insurer Needn't Cover Crushed Rock Cleanup, Court Says

    A Texas federal judge Tuesday found Great American Insurance Co. does not have to pay to remove crushed rock accidentally dumped in a stream from a New Jersey quarry, saying the rock does not escape the policy's pollution exclusion by being useful and nontoxic.

  • July 11, 2018

    NJ Court OKs 'Common Sense' Testimony In Pig Roaster Row

    The New Jersey Appellate Division on Wednesday declined to disturb a jury verdict in favor of a cookware maker sued over a child's injuries from a pig roasting machine's ashes, finding that it was acceptable for an engineering expert's testimony to include opinions on the "common sense" use of the pig roaster.

  • July 11, 2018

    Drywall Cos. Accused Of Hypocrisy In Decrying MDL Delay

    Chinese drywall companies facing multidistrict litigation from homeowners over their allegedly defective products shouldn’t be allowed to kick 150 plaintiffs from the case as punishment for missing one deadline, as the companies themselves have caused a “nightmarish delay” in the litigation, the homeowners told a Louisiana federal court Tuesday.

  • July 11, 2018

    Honda Owners Seek Final Approval Of CR-V MDL Settlement

    Honda CR-V owners on Tuesday moved for final approval of a settlement that would resolve long-running multidistrict litigation by requiring the automaker to publicize free repairs of a defect that causes CR-Vs to shake excessively, noting that Honda's customer outreach program is already underway.

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

  • July 10, 2018

    Monsanto Discussed Downplaying Roundup Risks, Jury Hears

    A Monsanto scientist faced questions Tuesday about internal company emails proposing he “ghostwrite” research downplaying a purported link between cancer and its top-selling weed killer Roundup during a first-of-its kind California jury trial over claims the herbicide caused a retired groundskeeper's lymphoma.

  • July 10, 2018

    GM's Insurers Must Prorate Asbestos Coverage: Del. Panel

    The Delaware Supreme Court Tuesday affirmed a ruling that excess insurers OneBeacon Insurance Co. and Continental Casualty Co. must share on a prorated basis coverage of tens of thousands of asbestos injury claims against prebankruptcy General Motors Corp.

  • July 10, 2018

    'Shaky' Evidence Of Roundup-Cancer Link Admissible At Trial

    A California federal judge Tuesday rejected Monsanto Co.’s bid to block multidistrict litigation alleging the company’s Roundup weed killer causes cancer and said he’d permit three of the consumer plaintiffs’ experts to testify in the case, concluding their opinions, "while shaky, are admissible."

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    Wave Of FDA Suits Awaits If Kavanaugh Helps Trim Chevron

    Numerous legal challenges to U.S. Food and Drug Administration policies are likely if D.C. Circuit Judge Brett Kavanaugh ascends to the U.S. Supreme Court and helps persuade other justices to give less deference to regulators.

  • July 10, 2018

    Paper Maker Defends Superfund Consent Decree At 7th Circ.

    NCR Corp. on Monday urged the Seventh Circuit to ignore complaints from fellow paper maker P.H. Glatfelter Co. and leave in place a consent decree covering the cleanup of a Superfund site in Wisconsin contaminated by the paper industry, saying the deal will address the problem quickly and efficiently.

  • July 10, 2018

    Tire Co. Gets Slim Shot At New Trial In $37M Defect Suit

    A Virginia federal judge on Monday said Hankook Tire Co. Ltd. could get a new trial after a jury awarded $38 million to a man who became a quadriplegic in a 2014 accident — but only if the man objects to taking a slightly smaller verdict.

  • July 10, 2018

    With Kavanaugh's Nomination, Chevron's Future Looking Grim

    Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

  • July 10, 2018

    Dyson, SharkNinja Say $16M False Ad Verdict Wrong

    Dyson Inc. and SharkNinja Operating LLC urged an Illinois federal judge to change a jury’s $16 million verdict in their false advertising suit, with the former saying its award was $2 million short and the latter claiming the amount should be either reduced or nixed altogether.

  • July 10, 2018

    Atty Conflict Sinks Class Cert. Against Supplement Maker

    A California federal judge has denied class certification in a dispute over allegedly misleading labels on digestive products, saying that the attorney who would have become class counsel had a conflict of interest stemming from a settlement in a previous case he handled over the same issue.

  • July 10, 2018

    Fiat Chrysler Looks To Nix Amended Emissions-Cheating Suit

    Fiat Chrysler told a Michigan federal judge on Monday that the latest attempt by a proposed class of truck owners to accuse the automaker of lying about the emissions performance of certain Dodge Ram vehicles fails to correct any of the shortcomings that tanked their complaint earlier this year.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    Colgate Settles Baby Powder Cancer Claims On Eve Of Trial

    Colgate-Palmolive Co. has reached a settlement the day before jury selection in a trial where the consumer products company would have faced accusations that it sold a man talc-based baby powder that contained asbestos and contributed to him contracting mesothelioma, according to news reports Monday.

Expert Analysis

  • What To Know About Proposed Chemical Safety Reg Changes

    Shannon Broome

    Durable reform of existing regulations requires hard work. The U.S. Environmental Protection Agency's recently proposed revisions of a core Obama administration midnight rule — the Risk Management Plan program for certain chemical, refining and general manufacturing facilities — demonstrate how this work is done, say attorneys with Hunton Andrews Kurth LLP.

  • How Courts Apply Contact-Sports Exception To Nonplayers

    Amy Crouch

    Established case law holds that a sports participant has no claim against another participant for injuries sustained during play, unless the co-participant intentionally or recklessly injured the other. In the context of concussion-based litigation, courts have grappled with how to apply that standard to entities far removed from the field of play, say Amy Crouch and Kerensa Cassis of Shook Hardy & Bacon LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Will Your Business Be Ready For The New Calif. Prop 65?

    Jodi Smith

    The revised California Safe Drinking Water and Toxic Enforcement Act, better known as Proposition 65, will require companies to use new product warnings by September. The new warning scheme is considerably more complicated, but provides more clarity as to what will be considered a clear and reasonable warning, says Jodi Smith of Jeffer Mangels Butler & Mitchell LLP.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • 7 Common Mistakes In Company Witness Prep

    Matthew Keenan

    Too often as attorneys, we focus on the facts of the case and assume the witnesses will be ready for the scrutiny of our adversaries. Based on my 30 years defending companies in national product liability cases, here are seven mistakes often made in witness preparation, says Matthew Keenan of Shook Hardy & Bacon LLP.

  • Aviation Watch: Keeping Turbines Spinning, Passengers Safe

    Alan Hoffman

    Engine failures are rare in modern commercial aviation. But recent problems with two types of aircraft engines — including one which led to an in-flight fatality in April — point to the serious technical and legal challenges faced by manufacturers, air carriers and regulators trying to keep planes in the air, says Alan Hoffman, a retired attorney and private pilot.

  • Digital Toy Data Breach Highlights Cybersecurity Concerns

    Erin Bosman

    In April, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. But the breach also triggered a Federal Trade Commission enforcement action, resulting in a $650,000 settlement. Both developments illustrate the increasing exposure that the internet of things brings for consumer product manufacturers, say attorneys with Morrison & Foerster LLP.