Product Liability

  • May 16, 2017

    Law Firms Seek $1.8M In BMW Sunroof Leak Suits

    Lawyers representing a proposed class of BMW drivers asked a New York federal judge Monday to approve $1.8 million in attorneys’ fees and expenses after they resolved two lawsuits over an alleged sunroof design defect that damaged electrical components in certain vehicles’ trunks.

  • May 16, 2017

    Red Bull Can't Escape $60M Lawsuit Saying Drink Is Deadly

    Red Bull, maker of the famous energy drink claiming to give consumers "wings whenever you need them,” cannot escape a suit claiming $60 million in damages arising from a man’s death from a serious heart condition after he consumed large quantities of the beverage, a Georgia federal judge ruled on Tuesday.

  • May 16, 2017

    Mill Co., Insurers Blast GE Arbitral Mandate At 11th Circ.

    A steel mill operator and its insurers separately pressed the Eleventh Circuit on Monday to undo an arbitration mandate won by a French unit of General Electric Co. accused of supplying faulty motors that caused $45 million in damages, even though GE never signed the arbitration agreement.

  • May 16, 2017

    Amputation Risk Leads To Boxed Warning On Diabetes Drugs

    The U.S. Food and Drug Administration on Tuesday said it has confirmed that Janssen Pharmaceuticals’ diabetes medications Invokana and Invokamet can increase the risk of patients needing to have their legs or feet amputated and said the drugs will now require black-box warnings.

  • May 16, 2017

    Nationwide Sues Hoverboard Importer, Sellers Over Fire

    Nationwide Mutual Insurance Co. sued a hoverboard importer and sellers on Tuesday in New York federal court on behalf of a policyholder whose home caught fire after she brought home the toy.

  • May 16, 2017

    UK Mobility Scooter Antitrust Class Claim Gets Ditched

    The proposed representative of a class of mobility scooter purchasers has declined to move forward with a collective price-fixing proceeding against Pride Mobility Products Ltd. in a case that had been touted as the first under the U.K.’s class action regime, her lawyer confirmed Tuesday.

  • May 16, 2017

    Harvard Study Looks At Ways NFL Can Bolster Player Health

    Harvard Law School published a report Monday exploring the National Football League’s health policies and practices, noting that the professional football league has done a good job with player safety and suggesting areas of improvement using examples from other professional sports leagues.

  • May 16, 2017

    Pella Wants Ill. Window Buyers' Defect Action Shut Down

    Window maker Pella told an Illinois federal judge on Monday that a class action by buyers who say their windows leak also has gaps in it and can't meet the requirements of Illinois state law.

  • May 16, 2017

    Judge Nixes Claims NFL Teams Pushed Painkillers On Players

    A California federal judge on Monday dealt a potential knockout blow to claims by former NFL players alleging the league’s 32 teams pressured them to abuse prescription painkillers, dismissing all but a few claims and criticizing the players for bringing mostly unnecessary allegations to push an “advocacy-based agenda.”

  • May 16, 2017

    3M, DuPont Polluted Ala. Drinking Water, Supplier Says

    DuPont, 3M, Mohawk Industries and a host of other manufacturers have contaminated an Alabama drinking water supplier’s water source with toxic chemicals, forcing the supplier to install a new filtration system and purchase nontoxic water from a neighboring water authority, according to a complaint filed Monday in Alabama state court.

  • May 16, 2017

    Kimberly-Clark Dodges Injunction After $454M Fraud Verdict

    A California federal judge has ruled that Kimberly-Clark and its spinoff Halyard Health don’t have to issue customer warnings on top of paying a $454 million award in a class action over substandard surgical gowns, ruling the jury verdict alone was enough compensation.

  • May 16, 2017

    VW To Appeal Raid On Jones Day To German High Court

    Volkswagen AG will appeal to Germany’s highest court a recent ruling that prosecutors didn’t run afoul of the law when they raided the Munich office of Jones Day, the law firm Volkswagen hired to conduct an internal investigation of the automaker’s diesel emissions-cheating scandal.

  • May 16, 2017

    Unique Charging Process To Fuel Amtrak Engineer's Defense

    The engineer at the throttle of the fatal Philadelphia Amtrak derailment that killed eight in 2015 was poised to dodge a criminal prosecution last week, but the same highly unorthodox procedure that led to the state's attorney general charging him on Friday with a felony and two misdemeanors will undoubtedly fuel his defense.

  • May 16, 2017

    Ind. Steel Cos. To Get $2M For Cleanup Under CERCLA

    Two steel companies will receive more than $2 million in remediation costs in a long-running dispute with property owner Joslyn Manufacturing Co. related to an environmental cleanup of a site they both occupy, an Indiana federal judge has said.

  • May 15, 2017

    Ex-InterMune CEO Says Expert Would Have Changed Verdict

    The former CEO of InterMune asked a Ninth Circuit panel Monday to revive his request that a California federal judge reverse his 2009 wire fraud conviction, claiming his attorneys never presented biostatistical expert testimony that could have cleared him of allegations he made false statements about the effectiveness of a lung disease drug.

  • May 15, 2017

    Weather Co. Sued For Data Provided During El Faro Sinking

    A handful of insurers sued weather forecasting system provider StormGeo Corp. in Florida federal court on Monday, alleging one of its products was to blame for the 2015 sinking of the cargo ship El Faro that left its cargo destroyed and all 33 crew members dead.

  • May 15, 2017

    26 States Rejoin FCA AstraZeneca Suit Over Seroquel

    A New York federal judge on Monday reinstated the False Claims Act claims of 26 states, Washington, D.C., and the city of Chicago in a whistleblower suit accusing AstraZeneca PLC of hiding safety information about antipsychotic drug Seroquel, after the whistleblower acknowledged that she had no authority to voluntarily drop their claims.

  • May 15, 2017

    Insurer Urges 9th Circ. To Reverse Poop Settlement Ruling

    California Capital Insurance Co. on Friday asked the Ninth Circuit to find it can be reimbursed for settling a $1.9 million lawsuit by an apartment renter who developed a disease from pigeon-dropping dust, saying the lower court misinterpreted the insurance policies involved.

  • May 15, 2017

    Pruitt EPA Gives Cos. New Way To Fight Superfund Costs

    U.S. Environmental Protection Agency Administrator Scott Pruitt last week gave himself the final word on how the most expensive Superfund sites are cleaned up, significantly diminishing regional EPA offices' authority and providing polluters with a new avenue to push for more favorable deals, experts said.

  • May 15, 2017

    Drivers Say Fiat Clutch Defect Suit Must Go To Trial

    A proposed class of Dodge Dart drivers told a California federal court Friday that Fiat Chrysler shouldn’t be able to bring the case to a quick end because the drivers’ expert and the automaker’s own documents raise factual issues about an alleged clutch defect that need to go to trial.

Expert Analysis

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Applying Buckman Preemption To Antitrust And RICO Claims

    Stephen McConnell

    In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.

  • Understanding The US Ban On Importing Forced Labor Goods

    Claire Reade

    U.S. law is clear that the United States can block the import of goods made with forced labor, and can bring enforcement actions against importers. President Donald Trump and his team have been outspoken about trade enforcement in general, with China as a particular focus. This may presage a new enforcement trend, say Claire Reade and Samuel Witten of Arnold & Porter Kaye Scholer LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • NJ High Court Will Bring Welcome Clarity To Consumer Law

    Brian O'Donnell

    Although on the books since 1981, New Jersey's Truth-in-Consumer Contract, Warranty, and Notice Act has only been aggressively utilized by the plaintiffs bar in recent years, so judicial authority interpreting the statute is still developing. Two cases before the New Jersey Supreme Court should provide needed guidance to litigants and courts, say Brian O’Donnell and Jeffrey Beyer of Riker Danzig Scherer Hyland & Perretti LLP.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Alien Tort Statute Returns To Supreme Court

    Michael Littenberg

    For the second time in five years, the U.S. Supreme Court has granted review from the Second Circuit to consider the scope of the Alien Tort Statute. Jesner v. Arab Bank could have a significant impact on the burgeoning field of corporate social responsibility-related litigation, say attorneys with Ropes & Gray LLP.

  • The Evolving Legal Landscape For Connected Products

    Sheila Millar

    As the internet of things continues its rapid expansion into homes, cars and offices, manufacturers must understand how safety, compliance and customer satisfaction depend on the software used to make a product “connect.” But they must also consider rules and regulations affecting the product itself — from physical safety standards to limits on chemical ingredients, says Sheila Millar of Keller and Heckman LLP.

  • Stakeholders Must Stay Aware Of E-Cigarette Science

    Giovanni Ciavarra

    As the quantity of scientific research related to e-cigarettes skyrockets, it is increasingly important for key stakeholders to monitor scientific developments and their impacts on litigation risk. To give readers a sense of current e-cigarette science, Giovanni Ciavarra of Innovative Science Solutions LLC offers high-level summaries of five recent studies that evaluate the safety of e-cigarettes or their ingredients.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.