Product Liability

  • February 7, 2018

    Tractor Death Suit Belongs In Miss., Texas Justices Hear

    Counsel for tractor manufacturing company Mahindra USA Inc. told the Texas Supreme Court in oral arguments Wednesday that a lawsuit brought in Houston by the sons of a man who died while using a tractor at his home in Mississippi must be tossed because it doesn't belong in Texas courts.

  • February 7, 2018

    Atty Negotiating Teams Set In Opioid MDL

    An Ohio federal judge on Wednesday created negotiating teams for attorneys in sprawling multidistrict litigation over allegedly reckless opioid sales, the latest move to steer the massive case toward settlement.

  • February 7, 2018

    FDA's Off-Label Delay Not Enough For Big Drugmakers

    The U.S. Food and Drug Administration’s delay of controversial new policies on off-label promotion doesn’t go far enough and should be followed by quick action to erase uncertainty about acceptable marketing practices, major drugmakers said in letters released late Tuesday.

  • February 7, 2018

    1st Circ. Won't Rethink Decision On Beetle Infestation

    The First Circuit on Tuesday said it would not rethink its conclusion that the government did not have to get a property owner’s permission before removing 25 trees on his land as part of an effort to stop an infestation of beetles.

  • February 7, 2018

    Werther’s Caramels Maker Underfills Bags, Suit Says

    The maker of Werther’s Original sugar-free chew caramels purposefully packages the candy in opaque bags that are less than 40 percent full, causing consumers to overpay for the product, says a proposed class action filed Wednesday in New York federal court.

  • February 7, 2018

    Nestlé Can't Duck Claims It Underfilled Raisinets Boxes

    A Missouri federal judge has denied Nestlé USA Inc.'s motion to dismiss a class action over Raisinets boxes that allegedly contain almost as much air as candy, saying Wednesday that at this early stage of the litigation the allegations are well-constructed enough to move forward.

  • February 7, 2018

    Senators Urge FDA To Reject Philip Morris Tobacco Device

    A group of 10 Democratic U.S. senators on Thursday called on the U.S. Food and Drug Administration to reject Philip Morris’ application to market a smokeless tobacco device as less risky than traditional cigarettes, after an FDA panel advised rejecting the application.

  • February 7, 2018

    Hospital To Face Some Claims In Last Meningitis MDL Case

    In the final case in multidistrict litigation over a deadly 2012 meningitis outbreak, a Maryland surgery center must face negligence claims from the estate of a deceased woman, but can’t be held liable for punitive damages, a Massachusetts federal judge ruled Wednesday.

  • February 7, 2018

    Canadian Meat Processor Recalls Over 4K Lbs. Of Raw Pork

    A Canadian meat processing company has recalled more than 4,000 pounds of raw pork products after they were imported into the U.S. without proper inspection, the U.S. Department of Agriculture’s Food Safety and Inspection Service said on Wednesday.

  • February 7, 2018

    Google Sells Pixel Phone Despite Speaker Defect, Suit Says

    Google knows that its premium Pixel phones are manufactured with microphones and speakers that tend to fail, but continues to advertise and sell them anyway, according to a proposed class action filed Tuesday in California federal court.

  • February 6, 2018

    Gag Order Issued Over Opioid MDL Settlement Talks

    An Ohio federal judge Tuesday issued a gag order for the settlement negotiations pertaining to multidistrict litigation targeting the nation's largest prescription opioid sellers.

  • February 6, 2018

    Manufacturer Urges RICO Suit Revival Over Asbestos Claims

    Industrial manufacturer John Crane Inc. asked the Seventh Circuit on Tuesday to resurrect its racketeering claims in Illinois federal court accusing two asbestos plaintiffs firms of bringing fraudulent asbestos exposure claims against it, saying the lower court had incorrectly found the firms did not have enough links to the company's home state to have personal jurisdiction over the case.

  • February 6, 2018

    Nissan Fights Cert. Bid In Sports-Car Clutch Defect Suit

    A proposed class of Nissan sports car owners shouldn’t be approved because their claims involving a “soft” or “sticky” clutch pedal are dominated by individual issues, the automaker told a California federal court on Monday.

  • February 6, 2018

    FDA Warning Wire: Zimmer Biomet Zapped Again

    Zimmer Biomet once again found itself in the crosshairs of the U.S. Food and Drug Administration, which also warned two drugmakers in Asia about quality issues such as fiber particles in drug vials.

  • February 6, 2018

    4th Circ. Upholds $18.5M Boston Scientific Mesh Verdict

    The Fourth Circuit on Tuesday rejected Boston Scientific Corp.'s appeal of an $18.5 million verdict in a trial over injuries allegedly caused by its Obtryx pelvic mesh devices, saying the company had gotten a fair trial.

  • February 6, 2018

    Takata Whistleblowers Say Ch. 11 Plan Must Reserve $250M

    A pair of purported whistleblowers who say they could be entitled to up to $250 million of the nearly $1 billion restitution fund in Takata’s criminal case over faulty air bag inflators objected Tuesday to the company’s Chapter 11 plan on grounds it doesn’t take into account any pending whistleblower award.

  • February 6, 2018

    Clorox Can't Dump 'Natural' Cleaning Products False Ad Suit

    A California federal judge Tuesday denied The Clorox Co. a quick win in a putative class action alleging it falsely labeled its Green Works cleaning products as “natural,” saying a reasonable consumer could believe the label meant the products had no artificial ingredients.

  • February 6, 2018

    House Passes Bill Changing Menu Calorie Count Rules

    The House of Representatives passed a bill Tuesday to loosen nutritional reporting rules for restaurants and other establishments, as backers said the measure would help small businesses avoid repercussions for small mistakes in calorie counting.

  • February 6, 2018

    Alabama Sues Purdue Pharma Over Role In Opioid Crisis

    The state of Alabama has hit Purdue Pharma LP with a lawsuit accusing the drugmaker of exacerbating the state’s opioid epidemic by marketing the drugs as safe to treat common chronic pain and downplaying the risk of addiction, Attorney General Steve Marshall said Tuesday.

  • February 6, 2018

    Ford Wins Toss Of Mustang Defect Suit Over Class Issue

    A Florida federal judge tossed, for now, a proposed class action accusing Ford Motor Co. of misrepresenting that a type of Mustang was suitable for the racetrack, saying the 17 named plaintiffs haven’t stated where they purchased the vehicles and thus aren’t members of any proposed classes.

Expert Analysis

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • CPSC Final Rule Could Presage Further Phthalate Bans

    Sarah Schiferl

    The U.S. Consumer Product Safety Commission recently issued a final rule prohibiting the manufacture, import and sale of toys and child care products containing five phthalate chemicals. The rule may foreshadow bans on phthalates in other products and industries, from cosmetics to food packaging, say Sarah Schiferl and Amy Rubenstein of Schiff Hardin LLP.

  • Trends In Automotive Technology: 2017 And The Road Ahead

    David Cavanaugh

    Automotive technology promises to be a focus of intellectual property disputes and regulatory attention in the coming years. In this article, attorneys with WilmerHale look back at 2017 developments to see where auto industry patenting, IP litigation and policymaking may be heading.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • Getting Creative With Approaches To Removal

    Gregg Weiner

    When a lawsuit filed in state court is removed to federal court, it is usually either because the suit alleges a claim under federal law, or because the parties are residents of different states. But sometimes actions can be removed that do not clearly fit either of these grounds, say Gregg Weiner and Andrew Todres of Ropes & Gray LLP.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    My Strangest Day In Court


    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • 2017: A Year Of Transition At The CPSC

    Sheila Millar

    Democrats still hold the majority of seats on the U.S. Consumer Product Safety Commission, but new appointees are on the way. Recent rulemaking activity suggests that the current majority is trying to advance their key priorities before the makeup of the commission changes, say Sheila Millar and Nathan Cardon of Keller and Heckman LLP.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.