Product Liability

  • August 9, 2017

    Takata Confronts Opposition To Bid For Air Bag Suit Freeze

    Bankrupt Takata faced a legion of opposition Wednesday to its bid to halt scores of lawsuits connected to the company's defective air bag inflators, parrying accusations that the idea came from Takata's major automaker customers to shield them from litigation claimants and government agencies.

  • August 9, 2017

    Ford Faces Homeowner Suit Over Mich. Plant Chemical Leak

    A group of homeowners in Livonia, Michigan, filed a proposed class action against Ford Motor Co. in a local county court Wednesday, accusing the automaker of contaminating their groundwater and soil with chemicals from a nearby plant.

  • August 9, 2017

    What Attys Need To Know About Trump’s Opioid Policies

    The Trump administration's first six months have witnessed a flurry of activity targeting the nation's tenacious opioid epidemic, highlighting legal risks for any business that handles narcotic painkillers. Here’s what attorneys need to know about the moves and their implications.

  • August 9, 2017

    Mesh Ruling Signals Tough Road For Non-Pa. Cases In Philly

    A judge’s decision to rethink ​whether out-of-state residents can sue a Johnson & Johnson unit in Philadelphia County over allegedly defective pelvic mesh products, which follows two landmark U.S. Supreme Court rulings on similar jurisdictional questions, could signal a new normal of heightened scrutiny for non-Pennsylvania plaintiffs who have historically flocked to the forum.

  • August 9, 2017

    Judge Says Class ‘Overbroad’ In Mac Pro Defect Suit

    A California judge Wednesday struck the proposed class definition in litigation alleging Apple’s 2013 Mac Pro computers freeze and crash due to a design defect, saying the inclusion of every California purchaser was “overbroad,” but granted the consumer plaintiff leave to amend his complaint.

  • August 9, 2017

    Flint Mayor Escapes Whistleblower Retaliation Suit

    A Michigan federal judge on Wednesday dismissed a suit against Flint Mayor Karen Weaver, ruling that an aggrieved former city administrator’s claims she was fired for blowing the whistle when she heard about an alleged effort to divert donations meant for water crisis victims were speculative.

  • August 9, 2017

    NM City Sues Feds Over Cleanup Of Tainted Drinking Water

    A city in New Mexico claims the federal government has stuck it with a cleanup bill in the millions of dollars for a tainted-water federal Superfund site that formerly hosted a National Guard Armory, according to a suit filed Wednesday in New Mexico federal court.

  • August 9, 2017

    Utah Wants Nearly $2B From EPA For Gold King Mine Disaster

    The Utah Attorney General’s Office on Wednesday confirmed that the state has sought $1.9 billion in damages from the U.S. Environmental Protection Agency over the 2015 Gold King Mine disaster that affected areas in three states and two Native American reservations.

  • August 9, 2017

    Disney Pays $177M To Settle 'Pink Slime' Defamation Suit

    Walt Disney Co. paid $177 million, plus insurance recoveries, to settle a defamation suit over ABC News reports calling Beef Products Inc.'s beef product "pink slime," the company said Tuesday in a quarterly financial report filed with the U.S. Securities and Exchange Commission.

  • August 9, 2017

    Gov't, Chemical Distributors Sued Over Contaminated Water

    The federal government and a number of chemical companies have contaminated drinking water in Sacramento County, California, with a toxic chemical, according to two suits filed by water districts in California federal court.

  • August 9, 2017

    Abuse-Deterrent Opioids Unproven, Unaffordable, Study Says

    Whether abuse-deterrent opioids actually do as their name suggests and can help curb the opioid crisis are still unanswered questions, but it’s clear the price tag is a major deterrent to making them standard, nonprofit research group New England CEPAC said in a study released Tuesday.

  • August 9, 2017

    Jury Awards $6.5M To Worker Injured By Gas Leak

    A Washington federal jury awarded $6.49 million on Tuesday to the family of a worker who said he was injured by a large release of ammonium by a negligent trucking company in an industrial setting.

  • August 9, 2017

    BASF Fights For New Special Master In Asbestos Suit

    BASF Catalysts LLC and Cahill Gordon & Reindel LLP, who have been accused in a proposed class action of conspiring to conceal evidence of asbestos in BASF products, asked a New Jersey federal court Tuesday to appoint a new special discovery master, as lawyers for Cahill also represent the current special master’s firm.

  • August 9, 2017

    Vitamin Shoppe Sued Over Weight Loss Supplement

    Vitamin Shoppe Inc. has falsely advertised that a dietary supplement can contribute to weight loss when the product’s active ingredients have no such benefits, according to a proposed class action removed to California federal court Tuesday.

  • August 8, 2017

    Toyota Clears Acceleration Defect Hurdle As Monitoring Ends

    Toyota Motor Corp. closed a chapter Tuesday in the saga over claims it hid acceleration defects, when the government said in New York federal court that the monitoring period laid out in a $1.2 billion deferred prosecution agreement in 2014 had come to a close.

  • August 8, 2017

    Jim Carrey To Get Ex’s Medical Info In Kin’s Overdose Suits

    A California judge Tuesday backed Jim Carrey's bid to obtain medical records and police evidence related to his ex-girlfriend’s prescription-drug overdose death as part of his defense against wrongful death lawsuits filed by her family, saying they couldn’t assert privacy rights for the decedent.

  • August 8, 2017

    Studies Showing No Talc-Cancer Link Are Flawed, Jury Hears

    The treating physician for a woman alleging J&J's talcum powder products caused her terminal ovarian cancer told a California jury on Tuesday that talcum powder caused the cancer, and that scientific studies that show no connection between the substance and cancer are based on flawed data.

  • August 8, 2017

    Wis. Ruling Doesn't Ax Window Coverage, 7th Circ. Finds

    The Seventh Circuit ruled on Tuesday that a pair of insurers must cover window maker Kolbe & Kolbe Millwork Co.'s costs to defend against a putative homeowner class action over allegedly defective windows, agreeing with Kolbe that a recent Wisconsin Supreme Court decision doesn't negate coverage.

  • August 8, 2017

    Nissan To Pay $98M To Exit Takata Air Bag MDL

    Nissan is the latest automaker to settle allegations in multidistrict litigation over defective Takata Corp. air bags, agreeing to a $97.7 million payout, consumers told a Florida federal judge Tuesday.

  • August 8, 2017

    Firm Urges Fed. Court To Keep $1.1M Sanction Case Alive

    A San Francisco firm suing a former client for refusing to shoulder a $1.12 million sanction for evidence hiding and discovery deceit told a California federal court Monday that its case is distinct from an active Hawaii state court action and should survive.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • And Now A Word From The Panel: Who Wants To Be An MDL?

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    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Shift In CPSC Leadership Means More Changes To Come

    Erin Bosman

    At the midpoint of 2017, a look back at the U.S. Consumer Product Safety Commission’s activity under the Trump administration shows changes in recalls and penalties relative to previous years, new focal points for safety initiatives and enforcement, and a key development from the White House that could affect the CPSC’s regulatory approach in the future, say attorneys with Morrison & Foerster LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.