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Product Liability

  • November 6, 2018

    Buyers Try Again For $750K New Balance ‘Made In USA’ Deal

    A proposed class of customers accusing New Balance Athletics Inc. of falsely marketing its “Made in USA” products has once again asked a California federal judge to grant preliminary approval to a $750,000 settlement that was denied in October.

  • November 6, 2018

    Feds Renew 9th Circ. Bid To End Kids' Climate Suit

    The Trump administration lodged a renewed petition late Monday urging the Ninth Circuit to end a suit brought by 21 children accusing the federal government of pushing policies that will worsen climate change-related dangers, three days after the U.S. Supreme Court lifted an administrative stay of the case.

  • November 5, 2018

    J&J Talc Caused Atty's Fatal Mesothelioma, 2nd Jury Hears

    Counsel for a 30-year-old attorney killed by mesothelioma told a South Carolina jury hearing opening statements Monday after a prior jury deadlocked that the disease was caused by asbestos in Johnson & Johnson talcum powder products, but a J&J attorney countered that talc wasn't linked to her rare form of mesothelioma.   

  • November 5, 2018

    Long D-Link, FTC Briefs Make Judge Evoke 'Days Gone By'

    A California federal court judge on Monday rejected dueling bids for quick wins in the Federal Trade Commission's lawsuit claiming D-Link Systems Inc. failed to secure its wireless routers and cameras, harking back to "days gone by" when there were signs on courthouse doors advising "no spittin', no cussin' and no summary judgment."

  • November 5, 2018

    Opioid Distributors Seek Ohio High Court Input On State Law

    Opioid distributors have asked the Ohio federal judge overseeing the opioid multidistrict litigation to have the Ohio Supreme Court weigh in on whether the state's product liability laws annul negligence and public nuisance claims against a supplier of products.

  • November 5, 2018

    CSX Sues Philadelphia Over Water Main Breaks, Flooded Track

    CSX Transportation Inc. has sued the city of Philadelphia and a landowner adjacent to some of its railroad tracks in federal court in Pennsylvania, blaming multiple water main breaks and a defective runoff retention pond for twice washing out its tracks.

  • November 5, 2018

    Fears Nachawati Adds Ex-DOJ Opioid Specialist In Dallas

    Fears Nachawati PLLC has added a former U.S. Department of Justice litigator with a specialty in opioid and mass tort litigation in its Dallas office, the firm has announced.

  • November 5, 2018

    Supreme Court Rejects Ex-InterMune CEO's Conviction Appeal

    The U.S. Supreme Court on Monday turned down a petition from a former InterMune Inc. executive convicted of wire fraud that looked at whether a court could reverse a conviction based on actual innocence, rather than a change in law or compelling new evidence.

  • November 5, 2018

    Mercedes Can't Duck Liability For Used Car Defects: Drivers

    Two drivers suing Mercedes Benz-USA LLC in a proposed class action have urged a federal judge in California to deny the luxury automaker’s attempt to toss the case on grounds it isn’t responsible for informing the buyers of defective transmissions because they purchased used cars.

  • November 5, 2018

    Bosch, Automakers Hit With RICO Suit Over Faulty Fuel Pump

    Auto parts supplier Bosch allegedly schemed with Fiat Chrysler, Ford and General Motors to sell diesel vehicles with defective Bosch-made fuel injection pumps that weren't compatible with American fuel standards and led to engine failure, according to a Racketeer Influenced and Corrupt Organizations Act suit filed in Florida federal court Friday.

  • November 2, 2018

    DaVita Settles After $384M Verdict In Patient Danger Suits

    National dialysis chain DaVita Healthcare Partners Inc. has reached a settlement with the families of three patients who won a $384 million jury verdict in suits claiming their relatives died when DaVita knowingly used a dangerous solution during their treatment, according to a motion filed in Colorado federal court.

  • November 2, 2018

    Enviro Atty Bids For His Freedom Pending Ala. Bribery Appeal

    A former Balch & Bingham LLP environmental partner sentenced to five years for bribery has asked a judge to keep him out on bond pending appeal, while prosecutors said Thursday that shouldn't happen.

  • November 2, 2018

    High Court Clears Way For Kids' Climate Trial

    The U.S. Supreme Court late Friday lifted a stay on a suit lodged by 21 children accusing the federal government of pushing policies that will worsen climate change-related dangers, clearing the way for a landmark constitutional trial to begin in an Oregon federal courtroom but leaving room for the Ninth Circuit to potentially decide the case's future.

  • November 2, 2018

    Damages Forfeited In Opioid MDL Bellwethers, Drug Cos. Say

    Local Ohio governments with bellwether cases in multidistrict litigation over the opioid crisis have “willfully defied” a court order to identify allegedly improper prescriptions and should be blocked from recovering damages at trial, drug companies have told an Ohio federal judge.

  • November 2, 2018

    False Ad Suit Over Angie's List Rankings, Comments Tossed

    A tree trimmer who sued consumer review site Angie's List Inc. over its allegedly deceptive pay-to-place business model and for disparaging him after he stopped advertising there has had his suit axed after a Kansas federal court found most of his claims were time-barred and the rest weren't properly pled.

  • November 2, 2018

    Calif. High Court Won't Review Cancer Warnings On Cereal

    California's top court won't disturb an appellate decision that allows major cereal makers to avoid slapping cancer warnings on dozens of popular brands, but said the lower court's ruling can't be cited as precedent after the state's attorney general and others cautioned that the decision could be used to strip additional foods of their disclaimers. 

  • November 2, 2018

    Settlement Reached In Stryker Hip Replacement Suits

    The makers of Stryker hip replacement components have reached a confidential settlement with patients who had surgery to replace those components, a group of attorneys leading the litigation announced Friday.

  • November 2, 2018

    Electrolux Looks To Snuff Out Damages In Dryer Fire Suit

    Electrolux Home Products Inc. has asked a Pennsylvania federal judge to throw out Allstate Insurance Co.’s punitive damages claims that Electrolux made and sold clothes dryers that could spark fires, arguing Allstate has no evidence the home appliance company was aware of the fire risk.

  • November 1, 2018

    Costco Will Pay Up To $200 For Hep A Shots In Berry Row

    Costco Wholesale Corp. and consumers in a class action suing the wholesaler over berries contaminated with hepatitis A told a California federal judge on Wednesday that they’ve reached a deal that offers Californians up to $200 in reimbursements for medical costs and doesn’t involve attorneys' fees.

  • November 1, 2018

    Pa. Justices Urged To Reject Limit On Risperdal Suit Window

    Two men who say they grew breasts after using Risperdal as children are urging Pennsylvania’s highest court to upend a decision finding that a two-year window on their claims started closing after a Johnson & Johnson unit updated labels for the antipsychotic drug to include warnings about the condition.

Expert Analysis

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Missouri Asks, 'Where's The Beef?'

    Martha Charepoo

    A newly enacted Missouri law makes it a misdemeanor to use the word “meat” on labels of food products that do not come from an animal. Businesses selling meat substitute products in the state that do not meet the new labeling requirements could face liability under another consumer protection statute as well, says Martha Charepoo of Baker Sterchi Cowden & Rice LLC.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • How New Prop 65 Amendments Impact Calif. Businesses

    Lotus Fung

    Amendments to California's Proposition 65 which came into effect in August change the law's safe harbor warning requirements and create tailored warnings for specific chemical exposures and products. Businesses must keep in mind that even an exposure below legally defined threshold levels can open them to liability, say Lotus Fung and Manuel Fishman of Buchalter PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • UK Product Liability Law In The Autonomous Vehicle Era

    Sarah Batley

    The United Kingdom is positioning itself as the go-to location to develop, test and drive automated vehicles, and has already enacted legislation to provide an insurance model for AVs. But it is not yet clear whether existing U.K. product liability law will be able to accommodate the challenges posed by this new technology, say attorneys with Jones Day.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • No Injury Means No Standing For A Talc Plaintiff

    Steven Boranian

    Last month, the Third Circuit affirmed the dismissal of a plaintiff's case against Johnson & Johnson over talcum powder. The plaintiff used the product with no ill effect, and alleged no defect, injury or disease. The Third Circuit was correct in finding that she simply lacked any standing to sue, says Steven Boranian of Reed Smith LLP.

  • Opinion

    Time To Jump-Start Stalled Autonomous Vehicle Regulation

    Tod Northman

    While consumer advocate Ralph Nader is right to express concern over proposed driverless car legislation, his premise that lawmaking is moving too fast is wrong. The real problem is that lawmaking is not moving at all, say Tod Northman and Chris Pantoja of Tucker Ellis LLP.