We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Product Liability

  • September 10, 2018

    Mercedes Driver Fights To Keep Radiator Defect Suit Intact

    A Mercedes-Benz driver urged a Massachusetts federal court Friday to keep intact his proposed class action claiming the automaker hid a radiator defect from consumers, arguing that the company's dismissal bid is “nothing more than advocacy” that the court must ignore.

  • September 10, 2018

    Imprimis Sanctioned Again For Flouting Discovery Order

    A California federal judge has sanctioned Imprimis Pharmaceuticals Inc. for the second time after it violated a discovery order in a closely watched false advertising suit brought by Allergan USA Inc., ordering the drug compounder to provide the withheld documents and pay attorneys' fees.

  • September 10, 2018

    Muscle Milk Buyers Get Partial Cert. In Nutrition Labeling Row

    A California federal judge has partially certified various classes and subclasses of consumers who had sued the makers of Muscle Milk alleging that the company’s product labels overstate the nutritional benefits of the brand’s protein supplements.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Cigarettes And Asbestos Gave Man Fatal Cancer, Jury Told

    A combination of smoking cigarettes made by R.J. Reynolds and Philip Morris and exposure to an auto parts company's asbestos-laden brakes caused a man's fatal lung cancer, counsel for the man's widow told a Boston jury during Friday opening statements.

  • September 7, 2018

    Monsanto Can Keep Defenses In San Diego Bay Pollution Row

    San Diego can’t shake Monsanto’s contention that it’s at least partially to blame for pollution in the San Diego Bay, a federal judge ruled Thursday, finding that the agribusiness’ affirmative defenses, including claims the Southern California city and its port district had unclean hands, deserve more evidence before dismissal.

  • September 7, 2018

    FirstEnergy, NRG Escape Pa. Families’ Coal-Dumping Suit

    A Pennsylvania federal magistrate judge on Friday sided with two energy companies in a suit claiming they’re responsible for coal dust pollution from their power plants, ruling they did not control or operate the plants and, under state law, a parent corporation is not liable for its subsidiaries’ conduct.

  • September 7, 2018

    Bondholder's Fixed VW Suit Survives But Can't Be Expanded

    In the latest development stemming from the Volkswagen emissions-cheating scandal, a California federal judge told a bondholder Friday that its second amended complaint could survive the carmaker's dismissal bid, but could not be amended to include insider trading claims.

  • September 7, 2018

    Suit Over Bayer's Twice-Daily 'One A Day' Gummies Revived

    A California appellate court on Friday reversed the dismissal of a putative class action accusing Bayer Corp. of misleading consumers about its so-called One A Day gummy vitamins, which the pharmaceutical company actually recommends taking twice a day.

  • September 7, 2018

    Ill. Appeals Court Reverses Mechanic's $4.6M Asbestos Win

    An Illinois appeals court overturned a $4.6 million verdict awarded to a mechanic who developed lung cancer from inhaling asbestos in the 1960s, saying the company that made welding rods containing asbestos didn’t know then that the rods could release the carcinogen.

  • September 7, 2018

    St. Jude Ditches Patient's Defective Heart Valve Suit

    A Minnesota federal judge has dismissed with prejudice a suit against St. Jude Medical alleging the hospital installed a faulty mechanical heart valve, ruling the patient failed to state a claim.

  • September 6, 2018

    3rd Circ. Says 'Buyer's Remorse' Can't Revive Toxic Talc Suit

    The Third Circuit on Thursday affirmed a New Jersey federal court decision dismissing a Johnson & Johnson consumer's proposed class action over the alleged health hazard associated with the company’s talc-based baby powder, finding the consumer's "buyer’s remorse" is not an actual injury. 

  • September 6, 2018

    9th Circ. Revives Ex-NFL Players' Painkiller Class Action

    The Ninth Circuit on Thursday reversed the dismissal of a proposed class action brought by former football players who claimed the National Football League encouraged them to abuse painkillers, including opioids, saying a lower court erred in concluding their claims were preempted by the Labor Management Relations Act.

  • September 6, 2018

    Church & Dwight Wins $10M In Pregnancy Test False-Ad Suit

    A federal judge has awarded Church & Dwight nearly $10 million in its false advertising suit against rival SPD Swiss Precision Diagnostics GmbH, the maker of home pregnancy test Clearblue, but denied the household product manufacturer’s request for punitive damages, saying the competitor’s actions were not egregious.

  • September 6, 2018

    Reed Smith Widow Wants Full 7th Circ. To Consider GSK Suit

    The Seventh Circuit panel that overturned a $3 million verdict against GlaxoSmithKline for not including a suicide warning on its Paxil drug committed a “grave error” by ignoring some pieces of evidence and taking others completely out of context, the widow suing the pharmaceutical giant said Wednesday in a rehearing request.

  • September 6, 2018

    U-Haul Equipment Didn't Cause Truck Crash, Jury Finds

    An Arizona jury on Thursday cleared U-Haul of liability for a truck accident that left a man permanently paralyzed, rejecting the man’s claims that the company owed more than $30 million in damages for renting out the no-brakes tow dolly that he had alleged caused the crash.

  • September 6, 2018

    Starbucks Can't Stall Cancer Label Suit For 'Hypothetical' Rule

    A California judge who determined coffee must carry cancer warnings on Thursday rejected Starbucks and other companies’ bid to pause applying those warnings or handing out potentially billions of dollars in statutory penalties while a state agency considers a rule that might render warnings unnecessary, saying he won’t stay a case based on “a hypothetical regulation.”

  • September 6, 2018

    The Bloody Saga That Made Theranos Finally Call It Quits

    Theranos Inc. has told shareholders that it plans to dissolve, nearly three years after a bombshell Wall Street Journal article raised questions about its blood-testing technology. Here, Law360 gives an overview of the courtroom battles and pending criminal charges that stem from the once-mighty startup's implosion.    

  • September 6, 2018

    Arkema Wants Harvey Chemical Suit Paused For Criminal Trial

    Arkema Inc. and its CEO asked a Texas federal court to temporarily halt a civil case brought by first responders and residents who claimed they were harmed by the release of chemicals during Hurricane Harvey, saying that it should not proceed at the same time as a similar criminal case.

Expert Analysis

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • An Upgrade For Expert Evidence Standards In New Jersey

    James Beck

    In the Accutane litigation, the New Jersey Supreme Court just unanimously upgraded the state’s standards for admission of expert testimony. This decision may finally break the back of the long-running — and scientifically bogus — Accutane litigation that has plagued New Jersey courts, says James Beck of Reed Smith LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • 3D Gun Legality After Defense Distributed Settlement, Ruling

    Kelsey Wilbanks

    A month after the U.S. Department of Justice reached a settlement allowing Defense Distributed to legally publish and share its 3D printable gun files on the internet, a Washington federal court granted a preliminary injunction. The reach of permissible file sharing for do-it-yourself plastic guns in the age of 3D printing just took an unexpected turn, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Cos. Must Prepare For Collective Consumer Suits In Germany

    Julia Schwalm

    In reaction to the diesel emissions scandal, German lawmakers have developed a new type of collective litigation for consumers. For companies that are the targets of such an action, the advantage is that there will be fewer cases to defend against and to coordinate, say Julia Schwalm and Jakob Schellmann of Morrison & Foerster LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • New Cross-Claim Burdens For Asbestos Defendants In NJ

    Manuel Guevara

    In June, the New Jersey Appellate Division brought sweeping changes to the method by which asbestos defendants may prove cross-claims at trial. New limits on the use of prior testimony mean that defendants must now call live witnesses, and will lead to longer, more costly trials, say attorneys with Hawkins Parnell Thackston & Young LLP.