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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.