Product Liability

  • October 4, 2017

    Homeowners Seek Lift Of Stay Over WL Homes Defects

    A group of California homeowners asked a Delaware bankruptcy court Wednesday to lift the litigation stay in the long-running Chapter 7 of homebuilder WL Homes LLC so that they can pursue claims over alleged construction defects under the company's insurance.

  • October 4, 2017

    EPA Asks Court To Rethink Halting Superfund Cleanup Plan

    The U.S. Environmental Protection Agency asked a Rhode Island federal court Wednesday to reconsider its order pausing a groundwater cleanup plan at a Superfund site because it found the agency made decisions in developing the plan that violated the Comprehensive Environmental Response, Compensation and Liability Act.

  • October 4, 2017

    Calif. Appeals Court Revives Snoring Aid Class Action

    A California appellate panel on Wednesday reversed the dismissal of a class action alleging that a homeopathic snoring aid was nothing more than a sugar pill, saying that the lower court wrongly disregarded expert testimony that the snore remedy and homeopathy in general is ineffective.

  • October 4, 2017

    Texas Jury Awards $42M In Flawed Car Repair Trial

    A Texas state court jury has awarded about $42 million to a Dallas-area couple who say substandard auto repair work — allegedly done that way at the behest of insurer State Farm — caused them to suffer severe injuries in a 2013 car accident.

  • October 4, 2017

    Consumers Sue J&J Unit Over Products' Hair Repair Claims

    Hair care products sold by a Johnson & Johnson subsidiary have been misleading customers by claiming they can repair damaged hair when they actually can’t, a proposed class of consumers told a New York federal court on Wednesday.

  • October 4, 2017

    Texas Atty Can Pursue Bribery Claims In Fee Dispute

    A Texas appellate court on Wednesday said a trial court had for a second time wrongly dismissed an attorney’s bid to reopen a fee dispute stemming from a product liability case after he alleged a rival law firm had bribed witnesses to lie in a trial over the fees.

  • October 4, 2017

    Olive Oil Co. Says Labeling Did Not Violate Tariff Act

    Olive oil maker Deoleo USA Inc. on Tuesday told a California judge that labeling its olive oil as “imported from Italy” did not violate the Tariff Act, arguing that a class of consumers had failed to show that the description was deceiving.

  • October 4, 2017

    La. Appeals Court Affirms Damages In Citgo Spill Row

    A Louisiana appeals court backed a lower court’s damages award to a group of people who said they were affected by a 2006 “slop oil” spill from a Citgo Petroleum Corp. refinery in Lake Charles, saying it found no abuse of discretion in the trial court’s award.

  • October 4, 2017

    11th Circ. Won't Revive Chipotle Consumer's GMO Suit

    The Eleventh Circuit on Wednesday upheld the dismissal of a Florida woman’s proposed class action alleging that Chipotle lied about using genetically modified ingredients in its food, saying that she suffered no actual loss and couldn’t show she was harmed by the chain’s advertising.

  • October 4, 2017

    GM, Drivers See Evidence Cut In Ignition Switch Bellwether

    General Motors LLC can block some evidence a driver sought to introduce in an upcoming bellwether trial over ignition switches that allegedly caused cars to lose power without warning, a New York federal judge ruled on Tuesday, while the driver likewise was allowed to exclude some of GM's evidence.

  • October 4, 2017

    Frito-Lay Agrees To Change Labels To End 'All Natural' Suit

    Frito-Lay has removed wording on its labels saying that certain chips and dip products are “made with all natural ingredients,” and has agreed to further labeling restrictions to resolve a five-year-old false labeling lawsuit, a proposed class of consumers told a New York federal judge on Tuesday.

  • October 4, 2017

    Nooter Needn't Prorate Asbestos Coverage, Mo. Court Rules

    A Missouri appeals court on Tuesday upheld a lower court's ruling that industrial supply company Nooter Corp. may seek to hold its insurance policies in a given year fully liable for losses from asbestos injury claims up to policy limits, rejecting the notion that Nooter's coverage must be prorated among policies in multiple years.

  • October 4, 2017

    Families Of Pilots, US Rep. Sue DOD For Deadly Crash Info

    Rep. Walter Jones, R-N.C., and the families of two U.S. Marine Corps pilots who died in a 2000 tiltrotor crash sued the U.S. Department of Defense in Washington, D.C., federal court Tuesday, seeking access to documents on the crash they say have been wrongly withheld.

  • October 4, 2017

    AbbVie, Lilly Slam Discovery Bid In Testosterone MDL

    AbbVie Inc. and Eli Lilly & Co. have each accused Medical Mutual of Ohio in Illinois federal court of stepping out of line by filing a premature motion to compel documents in a putative class action over fraudulently marketing testosterone replacement therapy drugs.

  • October 4, 2017

    Junior Mints Packages Have Too Much Air, Consumer Claims

    Tootsie Roll Industries’ Junior Mints candies are packaged with too much empty space — almost twice as much as Hershey’s comparably sized Milk Duds — a proposed class of consumers told a New York federal court on Tuesday, claiming they paid for more candy than they actually received.

  • October 4, 2017

    Pa. Appeals Court To Rehear $38M Workplace Shooting Suit

    The Pennsylvania Superior Court has agreed to rethink a three-judge panel’s decision axing $38 million worth of punitive damages awarded to the families of two workers gunned down by a disgruntled colleague at a Kraft Foods Inc. plant in Philadelphia.

  • October 4, 2017

    9th Circ. Reverses Gov’t Win In Work Site Cleanup Suit

    A Ninth Circuit panel on Wednesday reversed a decision that let the federal government off the hook for cleanup costs at a San Diego site where a defense contractor produced equipment for the military for several decades, saying the lower court sharply deviated from the appellate court’s prior case law.

  • October 3, 2017

    Renco Can't Shake Claims Over Poisoning In Peru, Court Told

    A priest suing Renco Group Inc. on behalf of children who allegedly suffered lead poisoning from a Peruvian affiliate's metallurgical complex in the Andean highlands told a Missouri federal court on Monday that it has jurisdiction because the New York company and its owner had ultimate say over the complex through Missouri companies they controlled.

  • October 3, 2017

    Gilead To Take 9th Circ. Escobar Ruling To High Court

    Gilead Sciences Inc. on Tuesday said it will ask the U.S. Supreme Court to review a major Ninth Circuit ruling on False Claims Act liability, arguing that it created a circuit split on the Supreme Court's landmark Escobar decision.

  • October 3, 2017

    Coffee-Maker Importer To Pay $2M For Not Reporting Defect

    A Wisconsin federal judge on Tuesday entered a $1.9 million judgment against importer Spectrum Brands Inc. for taking years to report a defect in a Black & Decker-branded coffee maker that caused the handles of full carafes to suddenly break, leading to dozens of reported burns.

Expert Analysis

  • Ransomware And Medical Devices: A Growing Risk

    Thomas Barnard

    Numerous medical devices now have internet connectivity in order to allow providers to monitor patients remotely, but the risks created by this trend are poorly acknowledged and understood by manufacturers, designers, prescribers and end-users. It is far more than data or money at stake — it is patients' lives, say attorneys with Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Navigating Hurdles To Bring Pheromone Pesticides To Market

    Johnny Johnson

    For a given pesticide, registration can involve a vast amount of data and many years of testing and product development. However, many of these precautions should not apply to pheromones used for pest management, and the U.S. Environmental Protection Agency has recognized this and adjusted its review of pheromone-based products, say Johnny Johnson and Christian Kerr of Lightfoot Franklin & White LLC.

  • Series

    What I Learned In My 1st Year: Never Give Up

    Alan Hoffman

    In my first week of practice, I was assigned to litigation that had been pending for 17 years. No discovery had been done, and the case was set for trial or dismissal in less than 60 days. From what followed, I learned some of the most important lessons of my career, says Alan Hoffman of Husch Blackwell LLP.

  • When Plaintiffs Sue Over Products They Did Not Purchase

    Francis Citera

    The Northern District of Illinois has recently allowed plaintiffs to allege standing for products they did not purchase in two different cases. But the key common element is that the products the plaintiffs did purchase and those they did not were substantially similar, says Francis Citera of Greenberg Traurig LLP.

  • Supreme Court Applied 'Settled Principles' In BMS Ruling

    Leslie Brueckner

    The U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court has been characterized by some in the defense bar as portending a sea change in specific personal jurisdiction. But the case did not move the legal needle as far as the defense bar had hoped, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group LLP.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

    Robert Horkovich

    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.

  • A Common Thread In California 'Organic' Textile Lawsuits

    Teresa Michaud

    Recent cases filed against manufacturers and retailers of “organic” textile products in California originate with a nonprofit group, and pose a risk to firms selling certain goods in California that are labeled as organic but that fall short of certain state standards, say Teresa Michaud and Anne Kelts of Baker McKenzie.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Cartel Case Against German Automakers Unlikely To Succeed

    David Balto

    At first the cartel allegations plaguing the German auto industry seemed like a slam-dunk, but now the case is not as clear. Any antitrust claim against the German auto industry has two major hurdles to overcome, says David Balto, a former policy director of the Federal Trade Commission Bureau of Competition.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.