Product Liability

  • May 8, 2018

    Zurich's Suit Over Asbestos Deal Coverage Reopened

    A Missouri federal judge on Tuesday retracted an order releasing Insurance Co. of North America from a suit brought by Zurich American Insurance Co. over coverage for a $1.5 million mesothelioma settlement with Anheuser-Busch, saying new Missouri case law demands a switch in the legal standard applied to the case.

  • May 8, 2018

    New England Coffee Co. Sued Over Lack Of Hazelnuts

    A Rhode Island woman on Monday filed a putative class action suit against New England Coffee Co. and its corporate parent in a Massachusetts federal court, claiming the company is deceptively marketing its hazelnut coffee because it is artificially flavored and contains no hazelnuts.

  • May 7, 2018

    Developers Angered By Ex-NY Pol's Atty Fee Cut, Jury Hears

    Major league New York City real estate developers were incensed upon learning that former New York State Assembly Speaker Sheldon Silver was secretly taking a cut of legal fees they paid for tax work, jurors heard Monday, with one property baron deeming the practice “unseemly.”

  • May 7, 2018

    Endo Shareholders Fight Bid To Toss Opioid Safety Suit

    A proposed class of Endo International PLC shareholders on Friday blasted Endo’s argument that their suit should be tossed because the drugmaker couldn’t have foreseen the fallout of the opioid crisis, telling a Pennsylvania federal judge the company knowingly misrepresented the safety of its Opana drug before pulling it from the market.

  • May 7, 2018

    Opioid MDL Attys Must Disclose Outside Funding, Judge Says

    Plaintiffs attorneys in multidistrict litigation over the opioid crisis must disclose any financial backers that stand to profit from settlements in the sprawling case, an Ohio federal judge ruled Monday.

  • May 7, 2018

    Drug Cos. Can Add Support To Pause Cherokee Opioid Suit

    An Oklahoma federal judge said Monday that several major drug distributors and retail pharmacies can offer more support for their argument that a suit by the Cherokee Nation over the companies’ alleged role in the opioid epidemic should be paused while an Ohio court handling multidistrict litigation decides whether it and other suits by many other tribes belong in federal court.

  • May 7, 2018

    Ex-NTSB Chair To Advise Uber On Safety After Fatal Crash

    Uber Technologies Inc. said Monday that it has tapped former National Transportation Safety Board Chairman Christopher Hart to advise it on safety amid ongoing investigations into the fatal Arizona pedestrian accident involving one of the company's self-driving cars in March.

  • May 7, 2018

    DEA's Proposed Opioid Limits Meet Industry Resistance

    Drugmakers, hospitals and health insurers are pushing back against the U.S. Drug Enforcement Administration’s new plan to limit production of prescription opioids when illicit uses are suspected, warning that dangerous shortages may ensue.

  • May 7, 2018

    Insurer Needn't Cover Ride Injury, 11th Circ. Affirms

    The Eleventh Circuit on Monday found that a Zurich Insurance Group AG unit does not owe an event planner coverage over an injury on an amusement ride that the event planner hadn't yet added to its policy.

  • May 7, 2018

    NC Swine Stench Sufferers' $50M Punitive Damages Slashed

    A North Carolina federal judge Monday overturned a jury’s decision to award $5 million in punitive damages to each of the 10 neighbors who sued a hog farm owner for its failure to properly dispose of the animals’ urine and feces, saying that state law caps the amount of punitive damages at $250,000 apiece.

  • May 7, 2018

    Boehringer Scores 2nd Bellwether Win In Conn. Pradaxa Suit

    A Connecticut state jury on Monday sided with Boehringer Ingelheim Pharmaceuticals Inc. in a second bellwether trial as part of a consolidated state proceeding over the alleged bleeding risk of its blood thinner Pradaxa, rejecting a woman’s claims that taking the drug landed her in the hospital.

  • May 7, 2018

    Trader Joe's Gummy Candies Use Artificial Flavor, Suit Says

    Trader Joe’s Co. is accused of falsely advertising that certain house-brand gummy snacks are all natural when they’re actually flavored artificially, according to a proposed class action removed to California federal court on Friday.

  • May 7, 2018

    Oil Cos., NYC Clash Over Viability Of Climate Change Suit

    ExxonMobil, Chevron and ConocoPhillips exchanged legal fire with New York City on Friday over the Big Apple's lawsuit seeking to hold them and two other oil giants liable for climate change-related infrastructure damage, with the companies arguing the city is wrongly attempting to use courts to regulate fossil fuels.

  • May 8, 2018

    CORRECTED: Auto Dealer Reaches $1.6M Deal To End Parts Allegations

    Drivers accusing Golden State auto dealer Autobahn Inc. of misrepresenting to customers that it repairs vehicles with genuine Mercedes-Benz parts urged a California federal court to preliminarily approve a settlement that would pay the proposed class roughly $1.6 million in vouchers and their attorneys up to $577,000. Correction: A previous version of this story misstated the settlement amount. The error has been corrected.

  • May 4, 2018

    Titan of the Plaintiffs Bar: Baum Hedlund's R. Brent Wisner

    Baum Hedlund Aristei & Goldman PC's R. Brent Wisner helped score the first jury verdict holding a brand-name drugmaker liable for injuries caused by a generic version in a high-profile case involving an attorney's suicide while on generic Paxil, landing him among Law360's 2018 Titans of the Plaintiffs Bar.

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

  • May 4, 2018

    FDA Fights Challenges To E-Cig Regulations In DC Circ.

    The U.S. Food and Drug Administration defended its regulation of electronic cigarettes under the scope of the Tobacco Control Act, telling the D.C. Circuit that it’s not unconstitutional to require such products to be reviewed before hitting the market.

  • May 4, 2018

    EPA Science Data Rule Could Upend Regulatory Process

    The U.S. Environmental Protection Agency's recent proposal to require the publication of data underlying scientific studies that are considered in the regulatory process could disqualify a host of human health risk analyses because many of them rely on the anonymity of their subjects, and could make future regulation less likely as a result.

  • May 4, 2018

    Insurer Asks 4th Circ. To Nix $87M Heparin Coverage Ruling

    Travelers Property Casualty Co. and American Capital Ltd. are squaring off in the Fourth Circuit after a lower court ruled the insurer must pay $87 million to defend against tainted blood thinner lawsuits, with Travelers arguing the whole episode was never covered and American Capital seeking bad faith damages.

  • May 4, 2018

    Drivers Fight To Keep Suit Over Fiat Chrysler Recalls Alive

    Two drivers who accused Fiat Chrysler of implementing a new set of defects when it recalled faulty cars said Thursday that a New York bankruptcy judge's decision to shift the suit to California didn't lay the groundwork for dismissal, and the case should be permitted to move forward.

Expert Analysis

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Who's Liable For A Crash When It's The Car Driving?

    Jim Jordan

    In a fully autonomous vehicle, a passenger's reaction to a traffic emergency is as irrelevant as her ethical calculations about potential injuries to herself and others. But if she agreed in advance to the safety protocols in the vehicle's programming, could she share liability in an accident? No one knows the answer yet, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • The Time Is Right For New Jersey To Adopt Daubert

    Timothy Freeman

    The New Jersey Supreme Court may soon decide whether to adopt the Daubert standard for admissibility of expert witness testimony. The searching inquiry into the reliability of proffered expert testimony that is required by Daubert protects the integrity of the jury system by ensuring that jurors are not misled by unreliable evidence, says Timothy Freeman of Tanenbaum Keale LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • What To Do After A Product Recall

    Derin Kiykioglu

    If a company facing a product recall has managed it effectively, the hardest part is probably over. But there are four key strategies companies should keep in mind to restore order and maintain brand loyalty following a recall, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do Before A Product Recall

    Derin Kiykioglu

    Any company — no matter how well-run — may experience a consumer product recall. Managing recall risk is as much about being ready to respond to recalls properly as it is about preventing them, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Innovator Liability Is The Least Scary Thing About Rafferty

    Terry Henry

    Rafferty v. Merck, the recent decision from the Supreme Court of Massachusetts, held that a brand drug manufacturer can be liable for harm caused when a patient takes a generic version of its drug. A particularly troubling aspect of Rafferty is that the court buried the learned intermediary doctrine, says Terry Henry of Blank Rome LLP.