Product Liability

  • May 3, 2018

    Visionworks Can't Duck Fla. Class Suit Over Free Offer Deal

    Visionworks of America Inc. can’t escape a proposed class action alleging its “Buy One, Get One Free” offer violated Federal Trade Commission rules, as a Florida federal judge ruled Wednesday that a consumer adequately pled that a second pair of glasses wasn’t really free if the retailer increased the price on the first.

  • May 3, 2018

    Chocolatier Fights Second Attempt At Suit Over Box Fullness

    Two months after Fannie May Confections Brands Inc. escaped a putative class action alleging the company deceptively sells its chocolates in overly large boxes, the chocolatier asked an Illinois federal judge on Thursday to toss a second attempt at the suit.

  • May 3, 2018

    NHTSA Says It Didn't Assess Tesla's Autopilot Tech

    The National Highway Traffic Safety Administration said Wednesday that it did not evaluate the effectiveness of Tesla Inc.’s self-driving Autopilot technology when investigating a 2016 fatal crash in Florida.

  • May 3, 2018

    Ky. Agency Urges Dismissal Of Coal Ash Suit At 6th Circ.

    The Kentucky Energy and Environment Cabinet pressed the Sixth Circuit on Wednesday to cement the dismissal of a lawsuit brought by environmental groups over alleged coal ash pollution at a Kentucky Utilities Co. power plant that sits on the banks of Herrington Lake.

  • May 3, 2018

    W.Va. Regulators Lift Block On $4.2B ETP Pipeline Work

    West Virginia environmental regulators on Wednesday said Energy Transfer Partners LP could resume construction of a portion of its $4.2 billion Rover natural gas pipeline after the company submitted a plan to correct violations of its water pollution control permit.

  • May 3, 2018

    Ex-Volkswagen US Exec Wants Bondholders' Fraud Suit Nixed

    The former CEO of Volkswagen’s U.S. unit told a California federal judge Wednesday that a proposed class of bondholders cannot establish that he knowingly helped issue misleading bond offering documents concealing the 2015 diesel emissions scandal.

  • May 3, 2018

    Consumers Want Nationwide Data In BMW Engine Defect Suit

    A proposed class of consumers on Thursday asked a New Jersey federal judge to force BMW of North America to produce nationwide data — not just California data — on an alleged defect in certain M3 vehicles that can cause catastrophic engine failure, saying they are not asking for much.

  • May 3, 2018

    Ex-VW CEO Indicted Over Emissions Scandal

    The former chief executive officer of Volkswagen AG, Martin Winterkorn, has been charged with conspiring to mislead the U.S. government over the automaker’s emissions-cheating scandal, according to an indictment unsealed in Michigan federal court Thursday.

  • May 3, 2018

    Ex-NFL Attys Ask Judge To Rethink $112M Fees Order

    Attorneys for a class of ex-NFL players urged a Pennsylvania federal court Wednesday to reconsider class counsel’s recent $112.5 million fees award in multidistrict litigation over brain injuries that now-retired players sustained during their NFL careers, arguing the award was granted too soon.

  • May 3, 2018

    Litigation Funder's Arbitration With Ex-NFLer Is Held Up

    A Pennsylvania federal judge overseeing multidistrict litigation over brain injuries sustained by retired players during their NFL careers issued a temporary restraining order Wednesday against a third-party claims funder that took a player to arbitration for failing to repay a loan.

  • May 2, 2018

    Ex-KFC La. Site Buyer Wants Cleanup Suit To Stay Out Of Ill.

    The holding company used in the purchase of a former KFC restaurant site in the Louisiana town of Metairie urged a Louisiana federal judge Tuesday not to move to Illinois a lawsuit alleging that the company failed to clean up property pollution, arguing that its environmental consultant has no right to push for a change of venue.

  • May 2, 2018

    Pharma Industry Seeks Texas MDL For Opioid Cases

    Pharmaceutical distributors McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Drug Corp. have asked the Texas Judicial Panel on Multidistrict Litigation to consolidate a series of cases alleging they and drug manufacturers are liable to Texas counties for problematic marketing and sales of opioid medications.

  • May 2, 2018

    Subaru Can’t Ditch Suit Over Faulty Windshields

    Subaru of America Inc. can’t derail a suit by drivers claiming it sold vehicles with faulty windshields that spontaneously cracked and failed to repair them, a federal judge in California said Wednesday, finding the drivers have standing and adequately pled that Subaru knew of the defects.

  • May 2, 2018

    Ford Objectors Won't Be Made To Pay $475K Appeal Bond

    A group of Ford drivers who objected to a $35 million settlement over defective transmissions in certain models were freed from paying a $475,000 appeal bond by a California federal judge Tuesday, with the court calling the settling plaintiffs’ bond request a “financial pressure tactic.”

  • May 2, 2018

    Enbridge Energy Will Pay $1.9M For Violating Spill Deal

    Enbridge Energy LP on Wednesday agreed to pay the U.S. Department of Justice $1.9 million for violating a 2017 settlement agreement related to oil pipeline spills in Illinois and Michigan.

  • May 2, 2018

    Hawaii First To Ban Pesticide Linked To Brain Damage

    A bill approved by Hawaii’s Legislature Tuesday made the state the first in the U.S. to ban chlorpyrifos, a pesticide the U.S. Environmental Protection Agency has linked to brain damage in children but declined to ban in 2017.

  • May 2, 2018

    How Weil Gotshal Drove Takata Through Complex Bankruptcy

    A group of attorneys at Weil Gotshal & Manges LLP say they can finally get some rest after laboring for years on the restructuring and sale of Japanese auto parts maker Takata — a legal undertaking they say was one of the most complex but gratifying experiences of their careers.

  • May 2, 2018

    Insurers Off The Hook For Sapa Faulty Windows Settlement

    Nine insurers heaved a sigh of relief Tuesday after a Pennsylvania federal court found they’re not obligated to cover the costs incurred by aluminum products manufacturer Sapa Extrusions Inc. in an underlying lawsuit and subsequent settlement over its sale of tens of millions of faulty windows.

  • May 2, 2018

    Dow Chemical Sued Over Deadly Cyanide Leak In Texas

    The parents of a 19-year-old man who died after cyanide exposure while on the job at a Dow Chemical Co. plant in Deer Park, Texas, have filed a state court suit alleging that the company's negligence in making their son continue working even as alarms sounded caused his death.

  • May 2, 2018

    Volkswagen To Pay $40M To Arizona Over Emissions Scandal

    Volkswagen will pay $40 million to settle Arizona’s lawsuit bringing false advertising allegations over the automaker's purportedly “clean” diesel vehicles containing software to skirt emissions standards, with $10.5 million of the settlement going to consumers, Arizona’s attorney general said Wednesday.

Expert Analysis

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Keys To Corporate Social Responsibility Compliance: Part 4

    Michael Littenberg

    Over the last few years, there has been a significant increase in litigation and investigations related to corporate social responsibility issues. Activity has increased not only in the United States at the federal, state and local level, but also in several other countries. Proceedings and investigations have involved many different statutes and theories of liability, say attorneys with Ropes & Gray LLP.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Keys To Corporate Social Responsibility Compliance: Part 3

    Michael Littenberg

    As the quantity and quality of corporate social responsibility disclosure increases, there is also movement toward greater comparability. Larger companies should benchmark their disclosures against global peers and evolving global standards, since over time, enhancements in foreign disclosure practices are likely to drive disclosures by many U.S. companies, say attorneys with Ropes & Gray LLP.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • And Now A Word From The Panel: An Inconvenient MDL

    Alan Rothman

    By their nature, multidistrict pretrial proceedings will not be in the home district of all parties. The MDL transfer process necessarily centralizes actions from around the country into a single forum. The linchpin for the panel is balancing competing factors and determining whether transfer best serves the convenience of parties and witnesses, says Alan Rothman of Arnold & Porter.

  • Keys To Corporate Social Responsibility Compliance: Part 2

    Michael Littenberg

    Increasingly, corporate social responsibility must be on the radar screen of in-house counsel. Investors are paying more attention to environmental, social and governance issues, and a growing number of shareholder proposals on these subjects should be expected, say attorneys with Ropes & Gray LLP.

  • Assessing Changes To The Jones Act Litigation Landscape

    Dennis Vega

    A federal judge in New York, in Alford v. CBS Corporation, recently held that the federal officer removal statute overrides the statute prohibiting removal of Jones Act claims. The ruling stands to have far-reaching impact in litigation in which the federal government’s involvement has been a factor, say Dennis Vega and Afigo Okpewho-Fadahunsi of Tanenbaum Keale LLP.