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Product Liability

  • November 30, 2018

    Rust-Oleum Wants New Trial Over Rain-X False Ad Claims

    Rust-Oleum Corp. has asked a federal judge in Texas to order a new trial in the false advertising lawsuit brought against it by the maker of a competing car windshield water-repellent product because, it argues, the jury that sided against it went against the evidence.

  • November 30, 2018

    Porsche Buyers Sue Over Defective Engine Cooling System

    A proposed class of drivers has sued Porsche Cars North America Inc., claiming the adhesive used to hold together engine cooling systems in the company’s vehicles is defective and can cause pipes to fall off, making the engines overheat and shut down.

  • November 30, 2018

    KC Chiefs Say Player's Ex-Wife Can't Exit Concussion Deal

    The Kansas City Chiefs have urged a Pennsylvania federal court to reject a former NFL player's ex-wife's bid to opt out of the 2015 concussion settlement class, saying there is no justification for making the motion four years after the deadline.

  • November 30, 2018

    Gov't Wants Insys Founder's Atty Sanctioned For Media Talk

    Prosecutors on Thursday asked a Boston federal judge to sanction the attorney for billionaire Insys Therapeutics founder John Kapoor, saying comments she made to the press were meant to "attack the credibility and testimony" of a co-defendant who recently pled guilty and agreed to cooperate with the government.

  • November 30, 2018

    MVP: Kirkland's Richard Godfrey

    Richard Godfrey of Kirkland & Ellis LLP has long represented clients in high-profile and high-stakes matters — including representing BP in the Deepwater Horizon disaster and General Motors Co. in the ignition switch litigation — boosting him to the list of Law360's 2018 Product Liability MVPs.

  • November 29, 2018

    Mass. US Atty Sends Warnings To Opioid-Prescribing Docs

    The U.S. Attorney for Massachusetts began sending warning letters this week to doctors who have prescribed opioids in significantly greater numbers than their peers or who have prescribed them to a patient who later died from an overdose, the prosecutor's office announced Thursday.  

  • November 29, 2018

    3M Seeks Broad MDL For Fire Suppressant Litigation

    3M Co. told the Judicial Panel on Multidistrict Litigation on Thursday that in addition to consolidating dozens of suits over a fire suppressant that allegedly contaminated groundwater and harmed humans, cases that aren't about the suppressant but feature the same underlying chemical group should be included, too.

  • November 29, 2018

    Ocean Spray Consumers Win Partial Cert In Labeling Suit

    A California federal judge granted partial certification Thursday to a class of Ocean Spray Cranberries Inc. consumers accusing the company of falsely advertising that its juice-based beverages don’t include artificial flavors, ruling that the class’ claims don’t quite stretch to breach of warranty.

  • November 29, 2018

    Fla. Defense Attys Back RJR In New Trial Fight With Smoker

    The Florida Defense Lawyers Association showed its support Wednesday for a new trial ordered between R.J. Reynolds Tobacco Co. and a smoker, citing the company's inability to sufficiently question potential jurors in a case that could have a statewide impact.

  • November 29, 2018

    Apple Accused Of Selling IMacs, MacBooks With Filter Defect

    A putative class of MacBook and iMac owners hit Apple Inc. with a lawsuit in California federal court Wednesday, claiming the tech giant knowingly sold them computers with a filter defect that caused permanent screen smudges and damage to the devices' motherboards due to trapped dust.

  • November 29, 2018

    Sterigenics Suits Belong In State Court, Ill. Residents Say

    Residents of a Chicago suburb have urged an Illinois federal judge to send back to state court three lawsuits over claims that sterilization company Sterigenics knowingly emitted cancerous chemicals from a local facility for decades without disclosing the risks, saying their suits don't implicate the Clean Air Act, only state law claims.

  • November 29, 2018

    VW's $48M Investor Deal Over Emissions Gets Green Light

    Volkswagen AG's $48 million deal with investors in multidistrict litigation over its diesel emissions-cheating scandal has gotten a California federal judge's preliminary approval, ending claims that the company knowingly issued false financial reports about its compliance with environmental laws.

  • November 29, 2018

    MVP: Faegre's Andrea Roberts Pierson

    Andrea Roberts Pierson of Faegre Baker Daniels scored major defense victories this year for makers of implanted blood filters and knee replacements targeted in large-scale, multidistrict litigation, earning herself a place among Law360's 2018 Product Liability MVPs.

  • November 29, 2018

    Chamber Backs Chevron At 9th Circ. In Climate Change Fight

    The U.S. Chamber of Commerce threw its support behind Chevron and other oil and gas companies in their appeals before the Ninth Circuit, challenging a decision to remand to state court public nuisance lawsuits lodged by five municipalities who claim the companies significantly contributed to climate change.

  • November 29, 2018

    JPML Wary Of Special Litigation For 'Opioid Babies'

    The Judicial Panel on Multidistrict Litigation appeared disinclined Thursday to create a new MDL for “opioid babies” whose mothers used prescription narcotics, sharply questioning whether such a move would actually expedite the infants’ suits.

  • November 29, 2018

    Investors Sue Boeing Over Losses From 737 Model Defect

    The Boeing Co. is facing a putative shareholder class action in Illinois federal court accusing the company of concealing defects in the controls of a 737 model that may have caused a crash that killed 189 people in Indonesia last month.

  • November 29, 2018

    CrossFit Rival Drops Defamation Suit, Citing Discovery Costs

    The National Strength and Conditioning Association moved to voluntarily withdraw its defamation suit against competitor CrossFit Inc. on Thursday in California state court, citing the "unusual and extraordinary" expenses caused by an order that forced the organization to hire a forensic accounting firm in the wake of several discovery violations.

  • November 29, 2018

    Chrysler, DOJ Ordered To New Talks In Emissions Suit

    Citing delays in resolving the case, a California federal judge has ordered Fiat Chrysler Automobiles NV and the U.S. Department of Justice to meet directly with a court-mandated settlement master to try to reach an agreement to end the government's suit over the auto company's diesel emissions.

  • November 28, 2018

    Clif Bar Buyers Ask Court To Hang On To Mislabeling Suit

    A proposed class of consumers told a California federal court Tuesday they should be allowed to move forward with their suit alleging Clif Bar & Co. deceptively labeled certain products to imply they contained white chocolate when they actually only used flavoring.

  • November 28, 2018

    Fiat Must Face Most Economic Loss Claims In Gearshift MDL

    A Michigan federal judge on Wednesday trimmed some state claims from multidistrict litigation accusing Fiat Chrysler Automobiles of making vehicles with faulty electronic gearshift systems that could cause them to roll away, but preserved the bulk of economic loss claims.

Expert Analysis

  • Opinion

    Calif. Prop 65 Proposals Are Bad Policy

    Robert Falk

    The California Office of Environmental Health Hazard Assessment’s current Proposition 65 proposals represent significant change to long-standing regulations and continue the agency’s attack on the scientific principles that were relied on to support the existing requirements, say attorneys with Morrison & Foerster LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Probabilities Vs. Consequences: Drone Liability Planning

    Robert Hanseman

    The same principles apply to drone operations as to other forms of aviation: Always plan for an eventuality to happen, no matter how slight the risk, and then minimize the danger of that eventuality, say Robert Hanseman and Joseph Zeis of Sebaly Shillito and Dyer LLP.

  • A First Look At The Sweeping New Opioid Law

    Kathleen McDermott

    The SUPPORT Act, signed into law this week, is Congress' long-anticipated response to the national opioid crisis. The act's wide-ranging provisions take aim at the entire health care continuum, reflecting the breadth of the crisis as well as the collective resolve of Congress to address the challenges, say attorneys at Morgan Lewis & Bockius LLP.

  • Calif.'s Updated Slack-Fill Law: What Cos. Should Know

    Kristi Wolff

    California recently amended its slack-fill packaging law, creating several new exemptions that may provide companies some relief from the slack-fill lawsuits that have proliferated in the state, say attorneys with Kelley Drye & Warren LLP.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • From Medicine To Sexbots, AI Raises Liability Questions

    Ileana Blanco

    Artificial intelligence is already in use for applications like calculating drug dosages for cancer patients. But future uses of AI could range much further, perhaps even as depicted in TV shows like "Westworld." We are only beginning to grapple with how the law will treat liability issues raised by such technological advances, says Ileana Blanco of DLA Piper LLP.

  • Why Enviros, Agencies Disagree On Safe Glyphosate Levels

    Lori Elliott Jarvis

    An environmental group is criticizing the U.S. Environmental Protection Agency and the U.S. Food and Drug Administration for their actions and policies regarding levels of glyphosate in oat-based products. Advocacy groups will likely continue to press the issue, with individual companies being pulled into the debate, say attorneys at Hunton Andrews Kurth LLP.

  • Costco Settlement Shows CPSC Still Imposing Big Penalties

    Charles Samuels

    Earlier this month, Costco agreed to pay a $3.85 million penalty for an alleged failure to timely report defective trash cans to the U.S. Consumer Product Safety Commission. This settlement suggests that large penalty actions are far from moribund even with the CPSC under Republican leadership, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.