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Product Liability

  • October 29, 2018

    23andMe's Counterclaims Trimmed In Insurance Dispute

    A California federal judge has dismissed two of 23andMe's counterclaims in a dispute with its insurer over a class settlement linked to complaints that the DNA tester violated regulations by providing customers with medical information, saying it wasn’t clear that the insurer misbehaved regarding the approval of a settlement.

  • October 29, 2018

    Judge To Limit Jury Screenings In Roundup Bellwether MDL

    A California federal judge overseeing multidistrict litigation over consumers' claims that Monsanto's Roundup weedkiller caused their cancer said Monday he's "strongly against" individually screening potential jurors for February and May trials, saying it seems Monsanto wants to proceed with jury selection "as if it were a death penalty case."

  • October 29, 2018

    Fiat Chrysler Gets Jeep HVAC Suit Dismissed For Now

    A California federal judge on Monday tentatively threw out allegations that Fiat Chrysler improperly ignored Jeep owners' warranties on defective heating and cooling systems, finding the claims weren't clear enough but saying the Jeep owners would be allowed to amend the complaint and try again.

  • October 29, 2018

    $242M Toyota Crash Verdict Cut To Meet Texas Damages Cap

    Toyota must pay $209 million to a family after two children suffered head trauma when the front seats in a Lexus collapsed on them in a collision, a Dallas judge has ruled in a decision that pared more than $30 million from a jury verdict to stay within a Texas cap on damages.

  • October 29, 2018

    Consumers Strike $44M Deal On Plumbing Part Defect Claims

    A proposed class of consumers has told a New Jersey federal court that they’ve reached a $43.5 million deal with a plumbing products company to end claims that its tubings, fittings and clamps are defective.

  • October 29, 2018

    Pharma Co. Gets Pneumonia Drug Stock-Drop Suit Tossed

    A North Carolina judge on Friday dismissed a putative class action accusing drugmaker Cempra Inc. of failing to disclose significant risks associated with an experimental antibiotic used to treat pneumonia, finding the complaint's allegations did not raise the inference that Cempra or its officers intended to mislead investors.

  • October 29, 2018

    Insurers Blast Rival's Bid To Revive Asbestos Coverage Row

    Several insurance companies told a Connecticut federal court Friday it should deny First State Insurance Co.’s request to reconsider clearing the insurers of allegations they failed to pay their fair share to cover a plumbing piping company named in various asbestos suits, telling the court First State has not presented any new evidence.

  • October 29, 2018

    Auto Group Urges Justices To Review Cert. In Hacking Suit

    A car manufacturer trade group threw its support behind Fiat Chrysler's challenge of an Illinois federal court's certification of drivers claiming Jeep Cherokees are vulnerable to hacking, telling the U.S. Supreme Court the certification order could lead to suits being filed solely to "extract a settlement."

  • October 29, 2018

    EPA Floats Delay Of Obama-Era Landfill Methane Standards

    The U.S. Environmental Protection Agency is suggesting delaying until 2019 Obama-era regulations that limit emissions from municipal landfills, according to a proposed rule to be published in the Federal Register on Tuesday.

  • October 29, 2018

    Nissan Faulty Transmission Class Action Claims Trimmed

    Nissan of North America Inc. escaped three claims in a putative class action accusing it of knowingly selling Altima cars with defective transmissions to consumers in three states, when a California federal judge partially granted its motion to dismiss Friday.

  • October 29, 2018

    FDA Mulling Adding Sesame As Allergen On Food Labeling

    The U.S. Food and Drug Administration on Monday said it was weighing whether to require the disclosure of sesame ingredients on food labeling, saying there's evidence that sesame allergies are on the rise in the U.S.

  • October 29, 2018

    NHTSA Probing Mercedes Over Timeliness Of Safety Recalls

    The National Highway Traffic Safety Administration has begun an investigation into Mercedes-Benz USA LLC after the automaker allegedly failed to make timely notifications about several recalls that affected more than 1.4 million vehicles and repeatedly were late providing relevant information to government authorities.

  • October 26, 2018

    Oil Rig Worker Awarded $1M For Helicopter Crash Injuries

    A Louisiana federal court awarded some $1 million plus interest on Friday to an oil rig worker injured in a helicopter crash, saying his physical and mental injuries continue affecting him to this day.

  • October 26, 2018

    Cities On Edge As High Court Weighs Kids' Climate Suit

    As the U.S. Supreme Court mulls the future of claims that the federal government's policies unconstitutionally impose climate change-related dangers on future generations, state and local governments behind climate change suits against fossil fuel companies worry their cases could be endangered by any pronouncement from the high court on the viability of climate litigation.

  • October 26, 2018

    Axalta Coating Must Pay $473K To Severely Injured Contractor

    A Virginia federal jury on Thursday awarded $473,000 plus interest to a welder who alleged that he was permanently injured from a near-electrocution he suffered while performing contract work at Axalta Coating Systems, finding that the industrial coatings giant negligently set up the man’s equipment.

  • October 26, 2018

    Ford Can't Trim Claims In Faulty Door Latch Suit

    A California federal judge ruled Friday that Ford Motor Co. must face certain warranty breach and consumer protection claims in an amended proposed class action alleging some Ford and Lincoln vehicles had defective door latches that caused sensors to malfunction.

  • October 26, 2018

    Teva's Off-Label Fentanyl Promotion Fueled Crisis, Ky. Says

    The Kentucky attorney general hit Teva with a suit in state court Thursday claiming the pharmaceutical company’s off-label promotion of its fentanyl-based cancer pain drugs directly fed the state’s opioid addiction outbreak.

  • October 26, 2018

    Pa. Man To Address Time Limit In Covidien Hernia Mesh Suit

    A Pennsylvania man allegedly injured by a faulty Covidien LP hernia mesh will get a chance to argue why some of his claims should be exempted from the statute of limitations, after a federal judge denied Covidien’s motion to dismiss the lawsuit Thursday and allowed the hernia patient to amend his complaint.

  • October 26, 2018

    Abbott, AbbVie Pay $25M Over Off-Label Promos, Kickbacks

    Abbott Laboratories and AbbVie Inc. will fork over $25 million to end a whistleblower's False Claims Act case alleging off-label promotion of triglyceride drug TriCor and unlawful kickbacks in the form of gift baskets and gift cards, the U.S. Department of Justice said Friday.

  • September 28, 2018

    DOI Rolls Back Some Offshore Drilling Safety Regs

    The U.S. Department of the Interior on Friday finalized a new offshore oil and gas drilling rule that it touted as reducing the regulatory burden on companies, but green groups slammed it for rolling back worker safety and environmental protections.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Muddy Road Ahead For Autonomous Vehicle Liability In EU

    Anna Masser

    The product liability regimes related to driverless cars in various European countries remain far from harmonized, and lawmakers trail behind the fast-moving reality. As the European Commission works to update the European Product Liability Directive, evolving legal definitions of "producer," "product" and "defect" will be vital for the industry, say attorneys with Jones Day.

  • What Manufacturers Should Know About Triclosan Findings

    Doug Pfeifer

    A recent study suggests that triclosan, a common antibacterial agent, can promote colonic inflammation and cancer in mice when ingested at what the authors deem normal human exposure levels from using certain consumer products. But this research is unlikely to find its way into the courtroom, say Douglas Pfeifer and Richard Morgan of Bowman and Brooke LLP and Brent Kerger of Exponent Inc.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.