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

  • June 6, 2018

    VW To Pay Oklahoma $8.5M Over Eco-Friendly Diesel Ads

    The Oklahoma attorney general announced Wednesday that Volkswagen and related auto manufacturers have agreed to pay $8.5 million to settle the state’s allegations they used false and deceptive advertising in carrying out Volkswagen’s diesel emissions scandal.

  • June 6, 2018

    San Francisco Votes To Uphold Flavored Tobacco Ban

    San Francisco voters on Tuesday voted overwhelmingly to approve a local ordinance banning the sale of flavored tobacco products, such as menthol cigarettes and flavored e-cigarette liquids, with nearly 70 percent in favor of the ban, likely the most restrictive in the country.

  • June 6, 2018

    No Third-Party Content Means Snapchat Must Face Suit: Court

    A Georgia appeals court has revived a suit alleging photo app Snapchat’s “speed filter” feature distracted a motorist and caused her to hit a man who suffered brain injuries, saying Snapchat can’t claim immunity under the Communications Decency Act because it was not a publisher of third-party content.

  • June 6, 2018

    Fla. High Court Asked To Restore $20M Engle Verdict

    The daughter of a lifelong smoker who died of cancer argued Wednesday to the Florida Supreme Court that a state appeals court imposed an improper cap on damages awards when it overturned a $20 million jury verdict in her favor in an Engle progeny case.

  • June 6, 2018

    Latest J&J Talc Trial Pits Co. Against 22 Women

    Twenty-two women who say they got cancer from longtime use of Johnson & Johnson talcum powder went to trial against the company Wednesday morning in St. Louis, saying J&J willfully ignored evidence that the powder, a daily ritual for millions, was riddled with asbestos.

  • June 6, 2018

    SEC Says BioChemics Is Unable To Pay $17M Bill To Investors

    Enough is enough, counsel for the U.S. Securities and Exchange Commission told a Massachusetts federal judge Wednesday in a letter insisting three years was ample time for BioChemics Inc. to find a buyer and cough up $17 million it owes investors for lying about product testing.

  • June 6, 2018

    Faulty Coffee Filter Claims Survive Walmart Toss Attempt

    A California federal judge on Tuesday allowed breach of warranty and unfair business practice claims to move forward in a suit brought by a putative class of consumers who say that single-serve coffee filters they bought from Walmart do not work in Keurig 2.0 machines.

  • June 6, 2018

    RJR Can Hold Off On $38M Award To Smoker's Kin, For Now

    A Florida appeals court said Wednesday that R.J. Reynolds Tobacco Co. can delay paying a $38 million award to the family of a woman who died of lung cancer until the judgment is final.

  • June 6, 2018

    Alston Picks Up Ex-Drinker Biddle Product Liability Partner

    Alston & Bird LLP has hired a product liability and consumer class action pro from Drinker Biddle & Reath LLP to bolster the budding litigation and mass tort team at the firm’s year-old San Francisco office.

  • June 6, 2018

    Fosamax Users Urge High Court To Turn Down Merck Appeal

    Fosamax users on Tuesday urged the U.S. Supreme Court not to hear Merck’s appeal of a Third Circuit decision reviving multidistrict litigation over the pharmaceutical giant's alleged failure to warn about its osteoporosis drug, saying that the case doesn’t meet the court’s usual standard for review.

  • June 6, 2018

    J&J Battles To Throw Out $117M Verdicts In NJ Talc Case

    A New Jersey state court received competing pitches Wednesday over the fate of verdicts totaling $117 million in a lawsuit alleging Johnson & Johnson’s asbestos-containing talcum powder contributed to a man’s mesothelioma, with the man’s attorney accusing the pharmaceutical giant of reprehensible conduct, and a company lawyer calling such damages unjustified.

  • June 6, 2018

    7th Circ. Knocks Down Bid To Kill Wis. Highway Project

    The Seventh Circuit on Tuesday rejected a challenge to a Wisconsin highway upgrade by environmental groups who claimed its impact was not properly analyzed, saying a 141-page report was sufficient to show it wouldn't have a significant impact and was properly exempted from further study.

  • June 6, 2018

    Greenspoon Marder Snags Miami Mayor From Carlton Fields

    Miami Mayor Francis X. Suarez and litigator Olga Vieira have left Carlton Fields to join Greenspoon Marder LLP’s Miami office, the firm announced Tuesday.

  • June 6, 2018

    VW Escapes Illinois' $1B Suit Over Emissions Scandal

    An Illinois state judge on Tuesday tossed a lawsuit brought by the state of Illinois seeking more than $1 billion from Volkswagen AG for installing devices and software that cheated emissions tests, finding that the state claims are preempted by the federal Clean Air Act.

  • June 6, 2018

    Montgomery McCracken Faces $620M Suit For Toxic Tort Work

    Montgomery McCracken Walker & Rhoads LLP is facing a $620 million class action in Pennsylvania federal court over allegations the firm botched efforts to collect toxic tort damages owed to neighbors of a Kerr-McGee Corp. plant for claims brought before the company filed for bankruptcy.

  • June 6, 2018

    Auto Safety Groups Lose Bid To Force DOT Seat Belt Rule

    The D.C. Circuit on Tuesday rejected a bid by auto safety groups to force the U.S. Department of Transportation to immediately publish a proposed safety standard requiring automobile warnings when backseat passengers don't buckle up.

  • June 6, 2018

    Costco Says Consumers Weren't Harmed By Recalled Berries

    Consumers suing Costco Wholesale Corp. for selling a berry mix allegedly contaminated with hepatitis A didn't actually contract the virus and therefore can't bring product liability allegations, the retailer told a California federal court ahead of a July trial.

  • June 5, 2018

    Judge Sides With USDA On Beef, Pork Labeling Rules

    A Washington federal judge on Tuesday tossed ranchers' challenge to the U.S. Department of Agriculture's relaxed origin-labeling rules for beef and pork, saying the rules "directly reflected" congressional mandates.

  • June 5, 2018

    2nd Bite At ‘Natural’ Cooking Oil Suit Hinges On Money

    The survival of a putative class action claiming Conagra Brands Inc.'s Wesson brand cooking oils are misrepresented as "natural" despite containing genetically modified plants turns on the perception of economic injury to consumers, the First Circuit suggested Tuesday during oral arguments.

  • June 5, 2018

    AbbVie Wore 'Blinders' On AndroGel's Clot Risk, Jury Told

    AbbVie Inc. had “blinders” on when it came to AndroGel's risk of blood clots, counsel for a man who had a deep vein thrombosis while taking the testosterone replacement therapy drug told an Illinois federal jury Tuesday.

Expert Analysis

  • Inside The New GMO Labeling Disclosure Proposal

    Robert Hibbert

    Last week, the U.S. Department of Agriculture released its highly anticipated rule for labeling foods that contain genetically modified organisms, or “GMOs.” The proposal suggests a sweeping national disclosure requirement and, given the variety of consumer perceptions of bioengineered foods, could generate debate over certain label ideas, say Robert Hibbert and Ryan Fournier of Morgan Lewis & Bockius LLP.

  • New Era Of Falling Space Debris, Old Treaties On Liability

    Tod Northman

    With the steady increase in space activity by both the public and private sectors comes an increased chance that a failed launch or obsolete space objects will fall back to Earth and cause damage to people and property. It may be time to re-examine where the responsibility lies for such damage, say Tod Northman and Christine Snyder of Tucker Ellis LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • When Must Manufacturers Anticipate Product Misuse?

    Stephen Copenhaver

    Not all injuries arising from the abuse or misuse of a product may lead to manufacturer liability. If the misuse was not reasonably foreseeable, the law does not hold manufacturers responsible in tort. But it can be difficult to determine which misuses are reasonably foreseeable and which are not, say Stephen Copenhaver and Sarah Schiferl of Schiff Hardin LLP.

  • CPSC Reaction To Consumer Misuse May Cost Companies

    Cheryl Falvey

    Product liability suits and regulatory product defect enforcement actions associated with foreseeable and unforeseeable consumer misuse have become the norm. But the U.S. Consumer Product Safety Commission's recent attempt to address human factors in the design process may present extraordinary costs and undue burdens on product designers and manufacturers, say Cheryl Falvey and Stephanie Crawford of Crowell & Moring LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A Key Rhode Island Ruling On Take-Home Asbestos Exposure

    Thaddeus Lenkiewicz

    Last month a Rhode Island court addressed for the first time whether an entity has a duty of care to protect nonemployees from exposure to the asbestos-tainted work clothes of the entity’s employee. The decision reveals a willingness of the court to extend an employer’s duty to household members of employees, says Thaddeus Lenkiewicz of Manning Gross & Massenburg LLP.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • Don’t Sleep On The Dormant Commerce Clause

    Stephen McConnell

    The Fourth Circuit recently held that a Maryland statute, which prohibited drugmakers and distributors from charging an "unconscionable" price even on sales that occurred outside the state, was a violation of the dormant commerce clause. We cannot read this case without daydreaming about how its logic might apply to other cases, says Stephen McConnell of Reed Smith LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.