Drivers suing Fiat Chrysler and Bosch in multidistrict litigation over alleged evasion of emissions testing asked a California federal court Wednesday for class certification, saying common questions about the purported misconduct “decisively predominate” over individual questions.
Two counties and one city in California said Wednesday that fossil fuel companies are trying to expand their appeal of a lower court's remand of climate change suits to state court to cover grounds that aren't appealable, and urged the Ninth Circuit to limit its review accordingly.
Jan Schlichtmann, the attorney whose work repping Massachusetts residents inspired the book “A Civil Action,” must continue to fight claims he botched a $2 million settlement designed to repay GlaxoSmithKline for money improperly disbursed to a plaintiffs attorney in multidistrict litigation over the diabetes drug Avandia, a Pennsylvania federal judge has ruled.
A bipartisan group of senators and congressmen on Thursday said that legislation they simultaneously introduced in the U.S. Senate and the U.S. House of Representatives would require labels to clearly identify the potential cancer risks of a product in a clear way that is backed by science.
The Ninth Circuit on Wednesday upheld the dismissal of a proposed class action seeking to block tea maker Twinings from selling products with allegedly misleading health claims, finding the customer who brought the suit did not allege that she would repurchase the product.
The Oklahoma attorney general announced Wednesday that Volkswagen and related auto manufacturers have agreed to pay $8.5 million to settle the state’s allegations they used false and deceptive advertising in carrying out Volkswagen’s diesel emissions scandal.
San Francisco voters on Tuesday voted overwhelmingly to approve a local ordinance banning the sale of flavored tobacco products, such as menthol cigarettes and flavored e-cigarette liquids, with nearly 70 percent in favor of the ban, likely the most restrictive in the country.
A Georgia appeals court has revived a suit alleging photo app Snapchat’s “speed filter” feature distracted a motorist and caused her to hit a man who suffered brain injuries, saying Snapchat can’t claim immunity under the Communications Decency Act because it was not a publisher of third-party content.
The daughter of a lifelong smoker who died of cancer argued Wednesday to the Florida Supreme Court that a state appeals court imposed an improper cap on damages awards when it overturned a $20 million jury verdict in her favor in an Engle progeny case.
Twenty-two women who say they got cancer from longtime use of Johnson & Johnson talcum powder went to trial against the company Wednesday morning in St. Louis, saying J&J willfully ignored evidence that the powder, a daily ritual for millions, was riddled with asbestos.
Enough is enough, counsel for the U.S. Securities and Exchange Commission told a Massachusetts federal judge Wednesday in a letter insisting three years was ample time for BioChemics Inc. to find a buyer and cough up $17 million it owes investors for lying about product testing.
A California federal judge on Tuesday allowed breach of warranty and unfair business practice claims to move forward in a suit brought by a putative class of consumers who say that single-serve coffee filters they bought from Walmart do not work in Keurig 2.0 machines.
A Florida appeals court said Wednesday that R.J. Reynolds Tobacco Co. can delay paying a $38 million award to the family of a woman who died of lung cancer until the judgment is final.
Alston & Bird LLP has hired a product liability and consumer class action pro from Drinker Biddle & Reath LLP to bolster the budding litigation and mass tort team at the firm’s year-old San Francisco office.
Fosamax users on Tuesday urged the U.S. Supreme Court not to hear Merck’s appeal of a Third Circuit decision reviving multidistrict litigation over the pharmaceutical giant's alleged failure to warn about its osteoporosis drug, saying that the case doesn’t meet the court’s usual standard for review.
A New Jersey state court received competing pitches Wednesday over the fate of verdicts totaling $117 million in a lawsuit alleging Johnson & Johnson’s asbestos-containing talcum powder contributed to a man’s mesothelioma, with the man’s attorney accusing the pharmaceutical giant of reprehensible conduct, and a company lawyer calling such damages unjustified.
The Seventh Circuit on Tuesday rejected a challenge to a Wisconsin highway upgrade by environmental groups who claimed its impact was not properly analyzed, saying a 141-page report was sufficient to show it wouldn't have a significant impact and was properly exempted from further study.
Miami Mayor Francis X. Suarez and litigator Olga Vieira have left Carlton Fields to join Greenspoon Marder LLP’s Miami office, the firm announced Tuesday.
An Illinois state judge on Tuesday tossed a lawsuit brought by the state of Illinois seeking more than $1 billion from Volkswagen AG for installing devices and software that cheated emissions tests, finding that the state claims are preempted by the federal Clean Air Act.
Montgomery McCracken Walker & Rhoads LLP is facing a $620 million class action in Pennsylvania federal court over allegations the firm botched efforts to collect toxic tort damages owed to neighbors of a Kerr-McGee Corp. plant for claims brought before the company filed for bankruptcy.
A federal court in Florida last month dismissed a case challenging the U.S. Food and Drug Administration’s allowance of the word “natural” in the product packaging and labeling of Natural American Spirit cigarettes. The plaintiff in this case was attempting to use the courts to force regulatory action against another party not before the court, say Robert Claiborne Jr. and Bryan Haynes of Troutman Sanders LLP.
Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.
Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.
Following outbreaks of foodborne illnesses, such as the recent E. coli case attributed to romaine lettuce, public agencies investigate to control further exposure and prevent similar incidents in the future. However, once identified, members of the overall chain of supply are all potential defendants in lawsuits likely to be brought by those affected by the outbreak, says Eldon Edson of Selman Breitman LLP.
The Ninth Circuit recently concluded that a California lawsuit brought over product labeling was governed by the amended version of the state's "Made in the USA" statute, even though the plaintiff purchased the goods in question before the statute was amended. Manufacturers faced with similar suits should look to this decision for guidance, say Richard Fama and F. Brenden Coller of Cozen O'Connor.
My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.
Last month, three Chinese government ministries jointly issued national regulations for road testing of autonomous vehicles. The national rules supplement local regulations recently issued in Beijing, Shanghai and Chongqing, and are just one indication of China’s ambitions to lead the world in this new technology, say Mark Schaub and Atticus Zhao of King & Wood Mallesons.
In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.
Last week, the U.S. Department of Agriculture released its highly anticipated rule for labeling foods that contain genetically modified organisms, or “GMOs.” The proposal suggests a sweeping national disclosure requirement and, given the variety of consumer perceptions of bioengineered foods, could generate debate over certain label ideas, say Robert Hibbert and Ryan Fournier of Morgan Lewis & Bockius LLP.
With the steady increase in space activity by both the public and private sectors comes an increased chance that a failed launch or obsolete space objects will fall back to Earth and cause damage to people and property. It may be time to re-examine where the responsibility lies for such damage, say Tod Northman and Christine Snyder of Tucker Ellis LLP.