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Product Liability

  • September 28, 2018

    Hog Farm Says NC Law Nullifies Nuisance Verdict

    A North Carolina hog farm that a jury found guilty of illegally spraying urine and feces into the air asked a federal judge on Friday to vacate the verdict and $3.25 million punishment, citing a recently amended state law that shields farms from such lawsuits.

  • September 28, 2018

    SF Leaning Tower Homeowners Assc. Can't Sink Fraud Suit

    A San Francisco judge on Friday rejected a homeowner association’s “misguided” bid to use California’s Anti-SLAPP statute to end claims brought by a resident of the sinking Millennium Tower, but the man will have to amend his complaint alleging that the association failed to disclose the structure’s defects.

  • September 28, 2018

    Apple Wants Foreigners Out Of IPhone Updates MDL

    Apple Inc. and a putative class of consumers fought before a California federal judge Friday over allegations that the tech giant hid that its software updates slowed down iPhones and iPads, with Apple arguing that the multidistrict litigation can’t include consumers outside the country.

  • 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.

  • September 28, 2018

    Suit Over Underfilled Pret A Manger Wraps Is Trimmed

    A New York federal judge on Friday dismissed two counts against Pret A Manger in a suit alleging the restaurant regularly underfills its wraps, dropping one claim for injunctive relief and one for fraud from the proposed class action.

  • September 28, 2018

    Plains Pipeline Can't Escape Ill. Oil Spill Lawsuit, Judge Rules

    A proposed class action that says a pipeline built by Plains All American Pipeline LP leaked thousands of gallons of crude oil into an Illinois town’s water supply will proceed after an Illinois federal judge refused to toss the suit Thursday.

  • September 28, 2018

    Chancery Nixes Blue Bell Investor Suit Over Listeria Outbreak

    A Delaware vice chancellor on Thursday dismissed a derivative suit against Blue Bell Creameries USA Inc. that sought damages for alleged director and officer failures to protect ice cream products in connection with a deadly listeria outbreak in 2015.

  • September 28, 2018

    Judge Won't OK Dr. Oz's $5M Deal Over 'Miracle' Diet Pills

    A California federal judge declined to sign off on a $5.25 million settlement over allegations that television personality Dr. Oz’s show misrepresented the effectiveness of “fat-busting” nutritional supplements after the parties expanded the proposed class to include more consumers.

  • September 27, 2018

    Full 9th Circ. Mulls Saving $97M Kia, Hyundai Fuel Deal

    Hyundai, Kia and car owners urged an en banc Ninth Circuit panel on Thursday to save their $97 million settlement in multidistrict litigation alleging the automakers overstated their vehicles' fuel efficiency, arguing a three-judge appellate panel should not have thrown out the nationwide deal over differences in various state consumer protection laws.

  • September 27, 2018

    EPA Finalizes Fee Structure For Chemical Control Efforts

    The U.S. Environmental Protection Agency on Thursday finalized a new fee structure expected to raise $20 million for its Toxic Substances Control Act programs, the last of four framework rules the agency was required to promulgate to implement 2016 amendments to the law.

  • September 27, 2018

    Construction Co. In BP Suit Pushes Legal Malpractice Claims

    Two Louisiana attorneys must still face legal malpractice claims because an August order disposing of those allegations did not in fact eliminate all of them, an Arkansas construction company said Wednesday in litigation linked to the BP Deepwater Horizon oil rig disaster.

  • September 27, 2018

    Fla. High Court Nixes Caterpillar Win Over 'Dangerous' Loader

    The Florida Supreme Court on Thursday quashed a lower court’s ruling in favor of Caterpillar Financial Services Corp. in a row over a multi-terrain loader that severed a construction worker's finger, finding that the loader is a danger under state doctrine.

  • September 27, 2018

    FDA Steps Up Review Of Dairy Labels For Plant-Based Foods

    The U.S. Food and Drug Administration on Thursday said it's fast-tracking its review of plant-based foods, like soy milk, that are labeled as dairy alternatives, asking consumers to weigh in on how they consume such foods and interpret their labeling.

  • September 27, 2018

    AutoZone Customers Can't Dismiss Defective Parts Case

    An Illinois federal judge has denied a request from two AutoZone Inc. customers to voluntarily dismiss their suit alleging that the company and S.A. Gear Inc. sold defective car parts, saying the companies have put too much time and effort into defending themselves to allow a dismissal without prejudice.

  • September 27, 2018

    Suit From CVS, Others To End Opioid Tribal Court Case Axed

    An Oklahoma federal judge has tossed a lawsuit from drug distributor McKesson Corp., CVS and other companies to stop an effort in tribal court to make them pay for the opioid crisis, finding that the claims are moot since the Cherokee Nation dismissed its tribal court case.

  • September 26, 2018

    Vioxx Economic Loss Counsel Win $4.2M In Attys' Fees

    A Louisiana federal judge on Wednesday signed off on $4.2 million in attorneys’ fees to class counsel who represented consumers in multidistrict litigation who claimed they lost money due to Merck’s recalled drug Vioxx, amounting to nearly a fifth of the $23 million settlement fund.

  • September 26, 2018

    J&J Fights $245M Faulty Hip Implant Judgment

    Johnson & Johnson and its orthopedics unit told a Texas federal judge on Wednesday that they are entitled to a judgment in their favor, despite a jury verdict over allegedly defective hip implants that led to a $245 million judgment, saying the patients didn't prove parts of their claims.

  • September 26, 2018

    VW Gets Several Claims Dropped In Suspension Defect Suit

    A Florida federal judge on Wednesday dismissed multiple counts from a putative class action lawsuit against Volkswagen over an alleged suspension defect in its CC sedans, finding in several instances that the pleadings were insufficient to overcome limitations periods.

  • September 26, 2018

    US Objects To Duro Dyne's Proposed Rep In Asbestos Trust

    The U.S. government’s bankruptcy case monitor is challenging the proposed selection of a trustee to represent asbestos exposure victims who may in the future file claims against sheet metal equipment and accessories manufacturer Duro Dyne Corp., saying Wednesday that the candidate has apparent conflicts of interest.

  • September 26, 2018

    Altima Drivers Sue Nissan Alleging Faulty Transmissions

    A Nissan Altima owner filed a putative class action in Tennessee federal court on Tuesday accusing the carmaker of selling cars with dangerously defective transmissions and charging owners to swap out one defective transmission for another equally defective one.

Expert Analysis

  • Policing Bad Claims In Consolidated Litigation: Part 1

    Danielle Bagwell

    With the proliferation of consolidated litigation, courts have lamented the lack of scrutiny often given to individual cases in these proceedings. Recent federal court decisions demonstrate an increased willingness to police meritless claims by assessing whether counsel’s pre-suit investigation was adequate, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Opinion

    Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

    Adam Gershenson

    As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.

  • Peering Behind The Peer Review Curtain

    William Childs

    The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals specified peer review as one criterion for evaluating scientific evidence. But not all peer review is created equal, and sometimes additional exploration — whether through discovery into your adversaries’ experts, or early investigation of your own potential experts — may make sense, says William Childs of Bowman and Brooke LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How 2 Cases Have Settled NY Insurance Allocation Law

    Cort Malone

    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.