Product Liability

  • February 5, 2018

    Electrolux Wants Overheating-Oven Suit Trimmed

    Electrolux Home Products Inc. urged a California federal court Monday to dismiss certain allegations in an amended proposed class action accusing the company of manufacturing faulty ovens, saying the consumers’ fraud-based claims remain “nonspecific and inconsistent.”

  • February 5, 2018

    VW Owners Who Sold Cars Pre-Scandal Make Standing Args

    A proposed class of drivers who offloaded affected vehicles before Volkswagen’s diesel emissions scandal broke in September 2015 told a California federal judge Friday they have standing to sue and suffered losses for the premium price they paid to buy or lease the purportedly environmentally friendly cars.

  • February 5, 2018

    Calif. City Needn't Pay Dry Cleaner For Cleanup, Judge Says

    A federal judge on Friday refused to force the city of Visalia, California, to pay $300,000 to the owner of a dry cleaning business in a dispute over responsibility for chemical contamination near his property, pointing to a condition in the settlement agreement that favored the city.

  • February 5, 2018

    Henkel Can't Rinse Off Detergent Labeling Suit

    A New York federal judge on Monday shut down attempts to end a proposed class action alleging Henkel Consumer Goods Inc. misleadingly labels its Purex “Natural Elements” laundry detergents, saying whether it does or not depends on if a fact-finder would consider water a natural element.

  • February 5, 2018

    3 Questions About Self-Driving Car Liability

    A recent negligence suit against General Motors is the first of what lawyers have long said would be many suits stemming from accidents involving self-driving car technology, opening up a new frontier in assessing legal liability. Here, lawyers talk to Law360 about the challenges of discovering who is liable when a self-driving vehicle is involved in an accident.

  • February 5, 2018

    Ex-Smoker Urges 11th Circ. To Revive $20M Punitive Win

    A former smoker awarded compensatory damages against Philip Morris USA Inc. urged the Eleventh Circuit on Friday to reinstate $20 million in punitive damages, saying she has sufficiently alleged she relied upon the company’s advertising when making smoking decisions.

  • February 2, 2018

    Samsung, Best Buy Face Suit Over Plasma TVs, 'Geek Squad'

    A pair of consumers slapped Samsung and Best Buy with a proposed class action in Illinois federal court Friday, alleging the companies sold plasma televisions they knew would fail early and that the retailer improperly marketed its insufficient Geek Squad Protection Plan as a warranty.

  • February 2, 2018

    Mass. Health Boards Raise Concerns Over Potential Pipelines

    Dozens of Massachusetts health boards pressed Gov. Charlie Baker on Friday to evaluate the impact that any new hydraulic fracturing gas infrastructure in the state would have not just on the environment but on human health.

  • February 2, 2018

    Century Arms Concealed AK-47 Defect, Gun Owners Say

    Owners of Century International Arms Corp.'s AK-style assault rifles asked a Florida federal judge Friday to certify their class suit alleging the gun maker knew about a design defect that makes the weapons fire unexpectedly but failed to take action.

  • February 2, 2018

    Jury Says Shirt Co. Not Liable In $10M Suit Over Child's Burns

    A California federal jury has found that Schwab Co. Inc. is not responsible for severe burns sustained by a child while wearing one of its shirts, clearing the clothing manufacturer of all liability after co-defendants Macy’s and Ralph Lauren settled for roughly $860,000.

  • February 2, 2018

    Philly DA Accuses Drugmakers Of Deceptive Opioid Marketing

    Philadelphia’s district attorney took aim at the pharmaceutical industry on Friday as his office launched a lawsuit accusing a slew of drugmakers, including Johnson & Johnson and Teva Pharmaceuticals USA Inc., of fueling the opioid crisis through deceptive marketing of painkillers.

  • February 2, 2018

    Toyota Faces Suit Over Alleged Prius Stall Defect

    A Toyota driver has hit the car company with a proposed class action in California state court alleging that its Prius hybrid cars have a defect that creates a serious risk of stalling while traveling at high speeds, potentially resulting in a crash.

  • February 2, 2018

    9th Circ. Botched Escobar Standard, High Court Hears

    The U.S. Chamber of Commerce is pushing the U.S. Supreme Court to review a Ninth Circuit ruling that let False Claims Act litigation proceed against Gilead Sciences Inc., saying the ruling “disregarded” key elements of the high court’s Escobar decision.

  • February 2, 2018

    Product Liability Group Of The Year: Seeger Weiss

    Plaintiffs firm Seeger Weiss LLP played an outsized role in the product liability realm this year, securing a massive settlement in the Volkswagen “clean diesel” litigation and a large settlement for farmers in tainted corn seed litigation, putting it on the shortlist for Law360’s Product Liability Group of the Year recognition.

  • February 2, 2018

    Monsanto Seed Rollout Forced Farmers' Hands, Suit Says

    A North Dakota farm filed a class action against Monsanto Co. in Missouri federal court on Thursday over the rollout of genetically modified seeds whose resistance to the otherwise destructive herbicide dicamba allegedly created a coercive market in which farmers must shop with Monsanto to prevent harm to their crops.

  • February 2, 2018

    Ford Owners Pan $35M Deal In Defective Transmission Row

    Certain Ford Fiesta and Focus owners with allegedly defective transmissions on Friday urged the Ninth Circuit to reject the estimated $35 million settlement reached with Ford Motor Co. in March, saying the bulk of class members won’t be able to get sufficient relief under the agreement.

  • February 2, 2018

    Aveo Agrees To $18M Deal To End Cancer Drug Investor Suit

    Investors in Aveo Pharmaceuticals Inc. on Friday asked a Massachusetts federal judge for an initial sign-off on a deal worth more than $17.7 million that would resolve a class action alleging the drugmaker hid U.S. Food and Drug Administration concerns about tivozanib, Aveo’s drug candidate for treating kidney cancer.

  • February 2, 2018

    Air Force Pauses T-6 Flights Following Oxygen Issues

    The U.S. Air Force has stopped all operations of the T-6 Texan II trainer aircraft starting Thursday to ensure the safety of crew members after a cluster of unexplained so-called physiological episodes related to oxygen issues occurred in Mississippi, Oklahoma and Texas.

  • February 2, 2018

    Bumble Bee To Repackage Salmon To End Labeling Row

    Bumble Bee Foods LLC on Thursday agreed in California federal court to repackage its canned salmon to end a proposed class action accusing the company of misrepresenting that the salmon was smoked and wild-caught rather than farmed and made with added liquid smoke flavor.

  • February 1, 2018

    Man's Mesothelioma Death Not Pipe Co.'s Fault, Jury Says

    An Arizona jury on Thursday rejected claims that utility pipe maker CertainTeed Corp. sold asbestos-laden concrete pipes that were responsible for a pipe fitter’s death from mesothelioma, holding CertainTeed was not negligent and did not sell defective or dangerous piping.

Expert Analysis

  • The Link Between E-Cigarette Design And Explosions

    Domenic Sanginiti.jpg

    A recent report from the U.S. Fire Administration and the Federal Emergency Management Administration links e-cigarette product design to the severity of injuries suffered in explosion incidents. Despite the report, the refusal of the e-cigarette industry to recognize product failures means more product liability claims can be expected, says Domenic Sanginiti of Stark & Stark LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Opinion

    Can California Survive Without Tort Reform?

    Anthony Caso

    High taxes, excessive regulation and a lawsuit-happy culture are pushing businesses out of California — and the taxes they and their employees pay are going with them. Voters must scrutinize new ballot propositions, and demand reform of the state's civil liability system and elimination of unnecessary laws, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.

  • The Tide Could Be Turning On The Bare Metal Defense

    Rachel Farnsworth

    The Third Circuit recently vacated part of a ruling that turned on the application of the “bare metal defense,” the theory that a manufacturer of an asbestos-free product cannot be held liable for injuries caused by other manufacturers’ later-added asbestos-containing parts. Now the state law tide is turning in the same direction, says Rachel Farnsworth of Weil Gotshal & Manges LLP.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • CPSC Final Rule Could Presage Further Phthalate Bans

    Sarah Schiferl

    The U.S. Consumer Product Safety Commission recently issued a final rule prohibiting the manufacture, import and sale of toys and child care products containing five phthalate chemicals. The rule may foreshadow bans on phthalates in other products and industries, from cosmetics to food packaging, say Sarah Schiferl and Amy Rubenstein of Schiff Hardin LLP.

  • Trends In Automotive Technology: 2017 And The Road Ahead

    David Cavanaugh

    Automotive technology promises to be a focus of intellectual property disputes and regulatory attention in the coming years. In this article, attorneys with WilmerHale look back at 2017 developments to see where auto industry patenting, IP litigation and policymaking may be heading.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • Getting Creative With Approaches To Removal

    Gregg Weiner

    When a lawsuit filed in state court is removed to federal court, it is usually either because the suit alleges a claim under federal law, or because the parties are residents of different states. But sometimes actions can be removed that do not clearly fit either of these grounds, say Gregg Weiner and Andrew Todres of Ropes & Gray LLP.