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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.