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Product Liability

  • January 7, 2019

    Grindr Victory In Fake Profile Case Examined By 2nd Circ.

    The Second Circuit asked Monday if Grindr could be liable for publishing the location of a man whose ex-boyfriend subjected him to a vicious campaign of vengeance after their breakup, but counsel for the gay men's app rejected as "fantastical" the notion that Grindr was anything more than a neutral service.

  • January 7, 2019

    Don't Limit CWA Liability Case, Maui Tells High Court

    Maui County, Hawaii, on Monday urged the U.S. Supreme Court to tackle the entirety of its appeal of the Ninth Circuit's ruling that the Clean Water Act covers pollution that reaches certain waterways via groundwater, rather than merely determining the CWA's scope, as suggested by the Solicitor General's Office.

  • January 7, 2019

    High Court Won’t Review Nixed $663M Guardrail FCA Ruling

    The U.S. Supreme Court said Monday it would not review a False Claims Act suit over unsafe Trinity Industries highway guardrails, letting stand a circuit court decision that the government's continuing to pay for the barriers after learning of the fraud fatally undermined the whistleblower's case.

  • January 7, 2019

    High Court Won’t Take Up Depakote Birth Defect Suit

    The U.S. Supreme Court on Monday denied a petition to review a suit alleging Abbott Laboratories’ seizure medication caused birth defects after a woman used it during pregnancy, keeping in place a Second Circuit decision that said her experts had not done enough testing to meet the Daubert standard for witness testimony.

  • January 7, 2019

    High Court Denies Gilead FCA Case After DOJ Thumbs-Down

    The U.S. Supreme Court on Monday chose not to hear a prominent False Claims Act case linking Gilead Sciences Inc. to sketchy drug manufacturing, a move that follows the U.S. Department of Justice’s bombshell vow to end the whistleblower-led litigation.

  • January 4, 2019

    Johns Hopkins, Others Lose Bid To Kill Syphilis Study Suit

    Johns Hopkins University, Bristol-Meyers Squibb Co. and the Rockefeller Foundation, accused of participating in controversial syphilis experiments in Guatemala during the 1940s and 1950s, failed to show that their status as corporations protects them from liability under the Alien Tort Statute, a Maryland federal judge said Thursday.

  • January 4, 2019

    6th Circ. Keeps Flint Water Suit Alive, Cutting Some Claims

    The Sixth Circuit on Friday refused to toss a suit alleging Michigan state officials and the city of Flint violated the bodily integrity of residents by exposing them to contaminated water, although it nixed certain claims against other officials.

  • January 4, 2019

    Drug Cos. Decry 'Flagrant' Ethical Lapses In Opioid Cases

    Drug manufacturers and distributors late Friday accused plaintiffs attorneys of “a concerted campaign to taint potential jury pools” in litigation over the opioid crisis, urging an Ohio federal judge to issue a gag order and sanctions.

  • January 4, 2019

    Ford Expands Air Bag Recall To Nearly 1 Million Vehicles

    Ford Motor Co. said Friday it is recalling nearly 1 million vehicles in the U.S. and Canada to replace potentially deadly Takata air bags, as well as certain EcoSport vehicles that may not meet seat-back strength requirements.

  • January 4, 2019

    Ford Escapes Suit Alleging Faulty Lug Nuts

    A Michigan federal judge on Friday dismissed a proposed class action that accused Ford of selling cars with defective lug nuts that impeded changing a tire, finding virtually nothing to support claims of breach of warranty, unjust enrichment or violations of consumer protection laws.

  • January 4, 2019

    Monsanto Says Consumers' Weedkiller Warning Claims Barred

    Monsanto Co. on Thursday told the California federal judge overseeing multidistrict litigation over its weedkiller Roundup that consumers' claims in three bellwether cases that the company failed to warn the herbicide caused cancer are preempted by federal insecticide law.

  • January 4, 2019

    Chevron To Settle Gas Additive Damages Suit For $11M

    Chevron USA and Union Oil Co. of California said they reached a settlement with a California water district prior to a Phase 1 trial scheduled to start this month, agreeing to pay $11 million to end claims over alleged drinking water contamination from gasoline releases.

  • January 3, 2019

    Syncrude To Pay CA$2.75M For Great Blue Heron Deaths

    Alberta-based oil sand mine operator Syncrude Canada Ltd. will pay CA$2.75 million ($2.04 million) to provincial and federal authorities after pleading guilty to violating the Migratory Birds Convention Act in the wake of the deaths of 31 great blue herons at one of its mine sites.

  • January 3, 2019

    GE Unit To Seek High Court Ruling In $45M Faulty Motor Row

    A French unit of General Electric Co. will be asking the U.S. Supreme Court to weigh in on an Eleventh Circuit decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' multimillion-dollar dispute over allegedly faulty motors, according to documents filed in an Alabama federal court on Wednesday.

  • January 3, 2019

    Susman Pioneer Is Back Home After 15 Years On Texas Bench

    A longtime Harris County judge who was swept out of office in November's “blue wave” midterm election has returned to the firm whose doors he helped open, Susman Godfrey LLP, the firm said Thursday, and is diving right into trial prep for a $171 million dispute over allegedly defective oil-drilling valves.

  • January 3, 2019

    Ex-NHL Player Slams NJ Devils With Head Injury Suit

    Former National Hockey League player Michael Peluso hit the New Jersey Devils on Thursday with a lawsuit in New Jersey federal court alleging the team concealed the risk of long-term neurological problems if he suffered further head injuries, a few months after a Minnesota federal judge said Peluso could not pursue similar claims in that state.

  • January 3, 2019

    GYNs Get Third Try At Cynosure 'Vaginal Rejuvenation' Suit

    Two gynecological practices can file a second amended complaint against cosmetic laser maker Cynosure, a Boston federal judge ruled Thursday, directing them to include more specific information about how the company allegedly duped them into buying its MonaLisa Touch product by marketing it for so-called “vaginal rejuvenation.”

  • January 3, 2019

    US Asks High Court To Take Up Key CWA Groundwater Case

    The U.S. Solicitor General's Office encouraged the nation's highest court Thursday to review a case that could determine whether or not facilities that pollute certain waterways via groundwater must be permitted under the Clean Water Act.

  • January 3, 2019

    Insurer Needn't Cover Fracking Well Fire Suits, Judge Says

    A North Dakota federal judge ruled Thursday that Great West Casualty Co. has no duty to defend or indemnify an Exxon Mobil Corp. unit or two contractors against lawsuits filed by a pair of workers who were injured in a fire near a fracking well, finding that a policy exclusion for injuries stemming from fracking operations clearly bars coverage.

  • January 3, 2019

    Former KC Chiefs Player's Ex-Wife Can't Exit Concussion Deal

    A Pennsylvania federal judge on Thursday dismissed a suit brought against the Kansas City Chiefs by a former player's ex-wife alleging concussions he sustained from playing hurt their relationship, finding that she cannot claim she informally opted out of a 2015 settlement the NFL had reached with players in multidistrict litigation.

Expert Analysis

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • Autonomous Vehicles And UK Product Liability Law: Part 2

    Michaela Herron

    With autonomous vehicles expected to hit the streets of the United Kingdom soon, manufacturers, insurers and their legal counsel face the challenge of determining how the U.K.'s product liability laws will be applied to questions of negligence, evidence and contracts raised by self-driving vehicles, says Michaela Herron of Bristows LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Autonomous Vehicles And UK Product Liability Law: Part 1

    Michaela Herron

    Autonomous vehicles present a number of challenges to the United Kingdom's product liability legal framework, especially with regard to the vehicles' heavy reliance on software, consumers' expectations of safety and the need for compliance with varying local traffic rules, says Michaela Herron of Bristows LLP.

  • Rise Of The CMOs


    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Florida Supreme Court Says Frye Is 'Still The One'

    Avery Dial

    In DeLisle v. Crane Co., the Florida Supreme Court recently declared that the Daubert amendment to the Florida Evidence Code infringed on the court's rule-making authority. The court thus signaled that its continued embrace of the Frye standard is thoughtful rather than antiquated, says Avery Dial of Kaufman Dolowich & Voluck LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.