Product Liability

  • August 10, 2017

    Firm In Hot Water Over Releasing Monsanto Weedkiller Docs

    A California federal judge Wednesday ordered one of the lead attorneys representing consumers who have accused Monsanto Co. of peddling cancer-causing weedkillers to demonstrate to the court why he and his firm should not be taken off the case after allegedly posting sealed documents online.

  • August 10, 2017

    Allergan Again Pressures FDA On Restasis Generics

    Allergan PLC is continuing its push to keep a generic version of the dry-eye blockbuster Restasis off the market by submitting at least its third citizen petition to the U.S. Food and Drug Administration arguing that the agency is letting companies use insufficient studies to prove bioequivalence.

  • August 10, 2017

    FDA Says Fla. Pharmacy Is Not Properly Sterilizing Equipment

    The U.S. Food and Drug Administration on Thursday warned doctors and patients against using purportedly sterile products from a Florida pharmacy because they might not have been properly disinfected.

  • August 10, 2017

    Shook Hardy Nabs Life Sciences Trial Pro From Hollingsworth

    Shook Hardy & Bacon LLP has hired a Hollingsworth LLP trial attorney fresh off a jury win for DynCorp as a partner in its office in Washington, D.C., the firm announced Wednesday.

  • August 10, 2017

    Judge To Reconsider Some Claims In GM Ignition Switch MDL

    A New York federal judge said Wednesday that he will reconsider claims brought by people who bought General Motors vehicles but sold them prior to any recalls, finding he painted with “too broad a brush” when dismissing all such claims from the ignition switch defect multidistrict litigation in late June.

  • August 10, 2017

    EPA State Coal Ash Permit Guidance Offers Flexibility

    The U.S. Environmental Protection Agency on Thursday issued guidelines for states on how to craft permit programs for the management and disposal of coal ash, offering them some opportunities to deviate from federal requirements.

  • August 10, 2017

    Petrobras Says Don't Pause $400M Suit For Arbitration

    Petrobras America Inc. and certain underwriters at Lloyd's of London urged a Texas federal court on Wednesday not to send to arbitration their $400 million dispute with Vicinay Cadenas SA over an allegedly defective component used in Petrobras’ offshore oil and gas operations, saying Petrobras never signed the underlying arbitration clause.

  • August 10, 2017

    5 Deaths Linked To Obesity Stomach Balloons, FDA Warns

    The U.S. Food and Drug Administration informed health providers Thursday that five patients with fluid-filled balloons used to treat obesity have unexpectedly died since last year.

  • August 10, 2017

    Pa. Justices To Mull Contractor Liability In Fall Case

    The Pennsylvania Supreme Court said Wednesday it would consider whether entities responsible for the design and construction of a sidewalk that passed through an area that allegedly left it prone to icing could be held liable for injuries a woman sustained in a fall.

  • August 10, 2017

    Takata's Japanese Parent Seeks Ch. 15, Litigation Halt

    Takata’s corporate parent in Japan, already under a form of bankruptcy protection in its home country, sought Chapter 15 recognition Thursday in Delaware, opening another front in the company’s quest to halt the firestorm of litigation over defective Takata air bag inflators linked to at least a dozen deaths.

  • August 10, 2017

    Pa. Justices To Again Mull 3rd-Party Subrogation Claims

    The Pennsylvania Supreme Court said Wednesday that it would consider whether an insurer had properly adhered to a 2-year-old decision governing the standards for bringing subrogation actions as it sought to recover benefits paid to a woman who was struck by a vehicle on a rental car lot.

  • August 9, 2017

    NH, Ore. County Accuse Opioid Makers Of Fueling Crisis

    The state of New Hampshire and the Oregon county that includes Portland have joined the legal fight over opioid marketing with a suit alleging Purdue Pharma LP misrepresented its drugs’ safety and addiction risk.

  • August 9, 2017

    Nissan Sunroof Suit Rolls On Without Nationwide Class

    A California federal judge said Wednesday he’d likely rule that California and New York car owners could keep claims alleging some Nissan panoramic sunroofs shatter due to a defect in the glass, adding he’d kill the nationwide claims but give the putative class a chance to add representative plaintiffs from other states.

  • August 9, 2017

    Pa. Court Orders New Trial In Nursing Home Suit

    A Pennsylvania appellate panel on Tuesday ordered a new trial in a long-running nursing home negligence suit that has already made a trip to the state Supreme Court, saying the patient’s estate adequately alleged that the home was understaffed so a midtrial dismissal was not appropriate.

  • August 9, 2017

    PPG Industries Close To Sealing $6.5M Deck Damage Deal

    PPG Industries Inc. is close to sealing a $6.5 million deal with consumers who accused the company of selling a defective deck protector that did more damage than good, according to a motion for final approval in Ohio federal court Wednesday.

  • August 9, 2017

    Takata Confronts Opposition To Bid For Air Bag Suit Freeze

    Bankrupt Takata faced a legion of opposition Wednesday to its bid to halt scores of lawsuits connected to the company's defective air bag inflators, parrying accusations that the idea came from Takata's major automaker customers to shield them from litigation claimants and government agencies.

  • August 9, 2017

    Ford Faces Homeowner Suit Over Mich. Plant Chemical Leak

    A group of homeowners in Livonia, Michigan, filed a proposed class action against Ford Motor Co. in a local county court Wednesday, accusing the automaker of contaminating their groundwater and soil with chemicals from a nearby plant.

  • August 9, 2017

    What Attys Need To Know About Trump’s Opioid Policies

    The Trump administration's first six months have witnessed a flurry of activity targeting the nation's tenacious opioid epidemic, highlighting legal risks for any business that handles narcotic painkillers. Here’s what attorneys need to know about the moves and their implications.

  • August 9, 2017

    Mesh Ruling Signals Tough Road For Non-Pa. Cases In Philly

    A judge’s decision to rethink ​whether out-of-state residents can sue a Johnson & Johnson unit in Philadelphia County over allegedly defective pelvic mesh products, which follows two landmark U.S. Supreme Court rulings on similar jurisdictional questions, could signal a new normal of heightened scrutiny for non-Pennsylvania plaintiffs who have historically flocked to the forum.

  • August 9, 2017

    Judge Says Class ‘Overbroad’ In Mac Pro Defect Suit

    A California judge Wednesday struck the proposed class definition in litigation alleging Apple’s 2013 Mac Pro computers freeze and crash due to a design defect, saying the inclusion of every California purchaser was “overbroad,” but granted the consumer plaintiff leave to amend his complaint.

Expert Analysis

  • Maryland Court Applies Special Standard For Lead Exposure

    F. Ford Loker

    The Maryland Court of Appeals continues to apply its “reasonable probability” standard in proving source exposure and source causation in lead-based negligence cases. But it is unclear what the statutory or policy basis is for carving out a distinct causation standard for lead paint plaintiffs as opposed to other tort plaintiffs, say F. Ford Loker and Katherine Lawler of Miles & Stockbridge PC.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Daubert And Product Liability: Mid-2017 Update — Part 2

    Max Kennerly headshot.jpg

    A review of recent circuit court opinions shows that, as the U.S. Supreme Court intended, the Daubert standard is flexible because science itself is flexible. Daubert is a means by which courts ensure that juries aren’t subjected to unsupported speculation; it’s not a grocery list of arbitrary requirements, says Max Kennerly of Kennerly Loutey LLC.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Daubert And Product Liability: Mid-2017 Update — Part 1

    Max Kennerly

    A good way to understand the state of the Daubert standard in product liability cases is to examine the four most recent published circuit court opinions. All have one thing in common: The defendants framed Daubert as a matter of pseudoscientific absolutes, and the courts rejected the defendants at every turn, says Max Kennerly of Kennerly Loutey LLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Specific Personal Jurisdiction: The Unanswered Questions


    The tort bar eagerly awaited the U.S. Supreme Court’s decision last month in Bristol-Myers Squibb v. Superior Court of California. But the ruling did not address whether specific jurisdiction exists when the defendant markets a defective product nationwide, and the stream of commerce carries it into the forum state, where it injures the plaintiff, says David Holman of Davis Graham & Stubbs LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.