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Product Liability

  • January 9, 2019

    RI Law May Force Atty To Face Malpractice Suit, Judges Say

    The application of Rhode Island law may defeat a Texas attorney's attempts to force into arbitration a dispute with a couple accusing him of botching their medical malpractice case, a First Circuit panel suggested during oral arguments Wednesday.

  • January 8, 2019

    Tesla Sued In Fla. Over Car Crash That Killed Teens

    Tesla wrongly removed a device meant to limit the top speed of one of its 2014 Model S cars, which — combined with a flawed battery pack design — contributed to the deaths of two Florida teens in a crash last year, according to a complaint filed Tuesday in Broward County court.

  • January 8, 2019

    3 Atty Lien Disputes In NFL Concussion Case Resolved

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement provided the first in-depth look at how it's handling dozens of contentious attorney lien disputes on Monday, in a lengthy ruling that laid down general guidelines while resolving three separate disputes.

  • January 8, 2019

    Sporting Goods Co. Tries To Undo Asbestos Coverage Ruling

    Sporting goods maker Outdoor Sports Gear Inc. on Monday urged the Ninth Circuit to reverse a district court ruling that saddled it with costs for homeowners’ asbestos-related claims, arguing that the lower court should not have departed from a previous order in a coverage fight with the company’s buyer.

  • January 8, 2019

    Fiat Tire Defect Claims Need Trimming, Judge Says

    A Delaware federal magistrate judge on Tuesday recommended trimming some claims as time-barred in a proposed class action against Fiat Chrysler that alleges a defect in certain Chrysler and Dodge vehicles caused tires to corrode or deflate.

  • January 8, 2019

    Fire Alarm Claims Led To Explosion Damages, 3rd Circ. Told

    A New Jersey-based chemical company on Tuesday urged the Third Circuit to undo a finding that its consumer fraud claims against two fire suppression system makers actually fell under product liability law, arguing the $5 million in damages it incurred from an explosion stemmed from the companies' false claims about the effectiveness of a fire alarm.

  • January 8, 2019

    Judge Recuses Self Over Son's Job At BakerHostetler

    A Pennsylvania federal judge has recused himself out of an "abundance of caution" from an environmental contamination dispute after disclosing that his son received a job offer from BakerHostetler, which represents the steel business in the case.

  • January 8, 2019

    South Korean Actor Slams Tesla In Sudden-Acceleration Suit

    A South Korean musician and actor has pressed ahead with allegations that Tesla sold vehicles that suddenly accelerated without warning and hit the electric automaker with new claims of slander and defamation for suggesting he used his celebrity status to gain a payout, according to an amended complaint filed in California federal court Monday.

  • January 8, 2019

    Del. High Court Says Union Pacific Must Pay $5.7M In Cleanup

    The Delaware Supreme Court affirmed a $5.7 million award Monday in favor of Clean Harbors Inc. and against Union Pacific Corp. over an environmental cleanup at a Kansas waste facility, saying a potentially ambiguous jury verdict form was not, in the end, overly misleading.

  • January 8, 2019

    FDA Focus: What Venable's Practice Chair Is Watching

    Claudia Lewis, co-chair of the U.S. Food and Drug Administration practice at Venable LLP, tells Law360 that she’s eagerly awaiting an FDA definition of “natural,” chafing at new limits on homeopathic products and anticipating a nationwide policy on cannabidiol, or CBD.

  • January 8, 2019

    No Redo Of Verdict That Engle Smoker Wasn't Addicted

    A federal judge has denied a new trial in a rare federal Engle case over a Florida man’s death from cigarette smoking, saying Monday the losing side helped sink its own case when it brushed off advice to tell the jury exactly what “addiction” is.

  • January 8, 2019

    Ford Can’t Slip Former Mechanic’s Asbestos Exposure Suit

    A Louisiana federal judge has denied Ford Motor Co.’s request for summary judgment in a former mechanic's suit, which claims that working for the company exposed the man to asbestos and caused his ultimately fatal mesothelioma.

  • January 7, 2019

    FDA Understood Proposed Fosamax Warnings, Justices Told

    A deputy U.S. solicitor general told the U.S. Supreme Court on Monday that there is no reason to think the U.S. Food and Drug Administration was confused by Merck’s proposed warning on femoral fractures for its osteoporosis drug Fosamax, a warning the agency rejected.

  • January 7, 2019

    J&J Baby Powder Caused Dying Woman's Cancer, Jury Told

    An attorney representing a woman dying of mesothelioma told a California jury during trial opening Monday that Johnson & Johnson knew for decades its talcum powder products contained cancer-causing asbestos but failed to warn consumers about its risks or replace the talc with less-toxic cornstarch.

  • January 7, 2019

    Boeing, Rockwell Atty Dodges DQ In Toxic Dumping Row

    A Mississippi federal court has refused to disqualify an attorney who is helping Meritor Inc., Boeing Co. and Rockwell Automation Inc. fight accusations by homeowners that their property was damaged by toxic chemicals that were dumped from a nearby automotive parts plant.

  • January 7, 2019

    Justices Won't Hear Fiat Chrysler Bid To Undo Hack Cert.

    The U.S. Supreme Court on Monday declined to hear Fiat Chrysler’s bid to swiftly challenge an Illinois district court’s certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, preserving a Seventh Circuit decision clearing the way for a multistate trial against the automaker.

  • January 7, 2019

    Royal Caribbean Can't Dismiss Hurricane Harvey Cruise Suit

    A magistrate judge has recommended a Florida federal court deny Royal Caribbean's bid to dismiss a woman's latest complaint in her suit claiming it put passengers at risk by not canceling a cruise as Hurricane Harvey threatened Texas, saying the court has not forbidden her from adding additional plaintiffs.

  • January 7, 2019

    Gov't Says Chicago Can't Object To $625M FCA Deal

    The federal government urged a New York federal court Monday not to heed Chicago’s objection to a massive $625 million False Claims Act settlement with AmerisourceBergen over wrongful drug repacking allegations, saying nothing in the deal cuts off the city’s own claims.

  • January 7, 2019

    Canada Dry Ginger Ale Drinkers Move To Settle Label Dispute

    Representatives of a class of Canada Dry ginger ale consumers have asked a California federal court to approve a settlement potentially worth millions to end their claims the soda maker misleadingly labeled its product as made with “real ginger.”

  • January 7, 2019

    Samsung Phone Caught Fire And Injured Family, Suit Claims

    Samsung Electronics Co. Ltd. should have to pay for injuries sustained by a Colorado family when the battery of a Galaxy S7 cellphone produced by the Korean electronics maker allegedly overheated and caught fire, according to a complaint removed to federal court on Friday.

Expert Analysis

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • E-Scooters May Present New Challenges For Employers

    Sue Schaecher

    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.

  • Dissent In Sikkelee Ruling Offers Preemption Road Map

    Jonathan Skowron

    As the dissenting judge pointed out, the Third Circuit majority's recent opinion in Sikkelee v. Precision Airmotive Corp. — restricting the impossibility preemption defense for federally regulated manufacturers — seemed to be more focused on perceived public policy considerations than strict adherence to case law, says Jonathan Skowron of Schnader Harrison Segal & Lewis LLP.

  • And Now A Word From The Panel: It's Not Just MDLs

    Alan Rothman

    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.

  • Examining A Post-Wildfire Securities Suit

    Kevin LaCroix

    A securities class action complaint against utility company Edison following the recent massive wildfires in California is the latest example of event-driven securities litigation, a phenomenon that represents a significant problem for directors and officers insurance underwriters, says Kevin LaCroix of RT ProExec.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • Prop 65 Compliance Gets More Complicated

    Anne Marie Ellis

    Recent amendments to California's Proposition 65 changed the nature and content of chemical exposure warnings required for many products, substances and locations. Meanwhile, the plaintiffs bar is stepping up its attempts to target Prop 65 violators, says Anne Marie Ellis of Buchalter PC.