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Product Liability

  • August 7, 2018

    Cosmetics Co. Asks Judge To Nix Used-Makeup Class Action

    Ulta Beauty Inc. asked an Illinois federal judge late Monday night to toss a putative class action over its alleged sale of used, repackaged products, saying the suit lobs too vague claims on behalf of too broad a class.

  • August 7, 2018

    Silver Again Seeks Bail During Appeal Of 2nd Conviction

    Former New York State Assembly Speaker Sheldon Silver on Monday again sought a reprieve from prison while he appeals his second conviction on corruption charges, claiming the trial court wrongly told jurors that no quid pro quo deal needed to be proven to find the formerly powerful Empire State politician guilty of bribery.

  • August 7, 2018

    Fumes Seeping Into Boeing Plane Cabin Hurt Pilot, Suit Says

    A commercial airline pilot has sued the Boeing Co. in Illinois state court claiming he has neurological damage after he was exposed to toxic fumes from jet engine oil while aboard one of the company's planes.

  • August 7, 2018

    Fiat Chrysler Says RICO Emissions MDL Uncertifiable

    Fiat Chrysler said Tuesday that consumers alleging it outfitted Jeep and Ram diesel vehicles with emissions-cheating devices are uncertifiable, as the automaker ratchets up its efforts to dismantle multidistrict litigation in California accusing it of fraud and Racketeer Influenced and Corrupt Organizations Act violations.

  • August 7, 2018

    Weed Killer In Rachael Ray's 'Natural' Dog Food, Suit Says

    Celebrity chef Rachael Ray falsely claims that her heavily advertised dog food is “natural” because tests show it contains an herbicide used to kill weeds, according to a misleading-food-labeling suit filed recently in New York federal court.

  • August 6, 2018

    Insurers Look To End Power Plant Defect Coverage Battle

    Two insurers for Black & Veatch Corp. on Friday urged a Kansas federal judge to rule they don't have to cover any costs the engineering company has incurred as a result of construction defects at four power plants, while Black & Veatch countered that the Tenth Circuit's recent ruling in the case established that the carriers must shell out. 

  • August 6, 2018

    Monsanto Faces Punitives Bid As Cancer Trial Nears End

    On the eve of closing arguments, a California judge ruled Monday that a school groundskeeper can seek punitive damages in a landmark trial over claims that Monsanto's Roundup and Ranger Pro herbicides gave him lymphoma, though the judge called evidence supporting such damages "thin."

  • August 6, 2018

    MMA Fighter's Suit Over Dietary Supplements Limps Forward

    A New York federal judge on Monday trimmed down a mixed-martial artist's suit alleging that dietary supplements sold at Vitamin Shoppe contained illicit anabolic steroids and caused him to be suspended from a league, saying that a regulatory filing isn't an advertisement aimed at consumers.

  • August 6, 2018

    Cherokee Nation Wants Purdue Opioid Row In State Court

    The Cherokee Nation on Monday pushed to send back to Oklahoma state court its lawsuit seeking to hold Purdue Pharma accountable for its alleged role in an explosion of opioid abuse among tribe members, blasting Purdue for contending the case belongs in federal court instead.

  • August 6, 2018

    Providers Say Don't Kill Hospital Bellwether In Opioid MDL

    A coalition of 44 hospitals that say they are on the front lines of treating the opioid epidemic on Friday asked to weigh in on multidistrict litigation over the opioid crisis, arguing that efforts to dismiss a bellwether lawsuit for hospitals should be rejected.

  • August 6, 2018

    Ford Must Face Consumer's Door Latch Defect Suit

    A New York federal judge said Monday that Ford Motor Co. must face putative class allegations it failed to warn consumers of faulty door latches in its F-150 pickup trucks, saying a technical service bulletin that Ford circulated among dealerships may back claims that Ford knew of the defect.

  • August 6, 2018

    FDA Rejects Opioid Painkiller For The 4th Time

    Pain Therapeutics Inc. and Durect Corp. said Monday that the U.S. Food and Drug Administration once again had refused to approve its opioid painkiller Remoxy ER, calling the agency’s fourth decision to turn down the drug “bizarre” in light of the ongoing opioid crisis.

  • August 6, 2018

    Diet Pepsi Drinkers Ask 2nd Circ. To Revive False Ad Suit

    A pair of consumers Friday asked the Second Circuit to revive their putative class action accusing Pepsi-Cola Co. of misrepresenting that its “diet” drinks help with weight loss, saying the district court improperly dismissed their arguments and evidence.

  • August 6, 2018

    Cos. May Be Liable For Asbestos In Parts They Didn't Build

    Companies may be liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute those parts, a New Jersey state appeals court said Monday in a published opinion reviving a product liability action against Ford Motor Co. and other businesses.

  • August 3, 2018

    JPML Bundles Dozens Of Zostavax Suits In Philadelphia

    The U.S. Judicial Panel on Multidistrict Litigation on Thursday granted Merck & Co.’s request to centralize dozens of suits alleging injuries from the company’s shingles vaccine, Zostavax, in the Eastern District of Pennsylvania, finding the suits involve common questions of fact.

  • August 3, 2018

    GM, Drivers Look To GenOn In Ch. 11 Ignition Switch Deal

    General Motors LLC and a group of vehicle owners sparred this week over what precedent GenOn Energy Inc.'s bankruptcy sets for GM's dispute over whether a class needs to be certified before a Chapter 11 settlement over legacy ignition switch lawsuits can be approved.

  • August 3, 2018

    Allstate’s Electrolux Dryer-Fire Claims Spread Over States

    A Pennsylvania federal court on Friday dropped most of the claims Allstate Insurance brought against Electrolux Home Products Inc. over fires sparked by allegedly defective clothes dryers, and dispersed the remaining cases to courts closer to where the fires occurred.

  • August 3, 2018

    Jury Awards $473.5M In Nuisance Suit Over Hog Farm

    A federal jury awarded six North Carolina residents a total of $473.5 million Friday on their nuisance claims against a pork company over the feces, urine, foul odors, flies and rumbling trucks associated with hog farms near their properties.

  • August 3, 2018

    Fiat Chrysler Subpoenas Trimmed In Tailpipe-Fraud Loss Suit

    A New York federal judge on Thursday partly agreed to quash subpoenas Fiat Chrysler issued for documents and deposition testimony from two investigators for a certified class of investors alleging the automaker lied about using emissions-cheating devices in vehicles and complying with safety recalls.

  • August 3, 2018

    Cuisinart Hit With Suit Over Exploding Pressure Cooker

    A South Dakota woman who says she was sprayed with scalding chili because of a defective lid lock on her Cuisinart pressure cooker has filed a proposed class action against the appliance company in Connecticut federal court.

Expert Analysis

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Get Ready For Digital Health Product Liability Cases

    Raymond Williams

    As we experience more collaborations among digital health startups, app software designers, artificial intelligence firms and drug and medical device companies, manufacturers should be cognizant that digital health products may require a more nuanced approach to product liability law, say Raymond Williams and Jae Kim of DLA Piper.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Managing The Risks Of Emerging Construction Technologies

    Gary Brown

    As buildings incorporate increasingly advanced features, the risks associated with technology failures — and resulting defect claims against those involved in the buildings' design and construction — become greater. Owners and contractors presenting these technologies to end users should explore nontraditional approaches in contracts and insurance to better mitigate these risks, says Gary Brown of Saul Ewing Arnstein & Lehr LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • The Lipitor MDL Court Did Its Job Correctly

    Eric Alexander

    Last month, the Fourth Circuit announced that it would not revive the the Lipitor multidistrict litigation. The court's decision was a welcome affirmation that, in excluding the plaintiffs' expert witnesses and weak testimony on causation, the MDL court had done exactly what it was supposed to, says Eric Alexander of Reed Smith LLP.

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Some Good Prop 65 News For Businesses

    Robert Falk

    It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcomed by businesses, but a dizzying flurry of recent developments may prove an exception, say attorneys with Morrison & Foerster LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.