Product Liability

  • April 17, 2017

    Asbestos Claimants Fight Pittsburgh Corning Ch. 11 Rethink

    Claimants in a Texas asbestos injuries case against Pittsburgh Corning Corp. told a Pennsylvania federal judge on Friday that the asbestos trust can't reopen the company's Chapter 11 case to deal with $9 billion in potential new asbestos injury claims, arguing that there is no room for reinterpretation of an earlier bankruptcy order.

  • April 17, 2017

    RI Contractor To Pay $500,000 For Faulty Bridge Railings

    A Rhode Island road and bridge builder will pay $500,000 to settle allegations that it improperly installed crash railings on an interstate bridge, federal authorities said.

  • April 17, 2017

    Slack-Fill Suits See Boom Despite Few Class Wins

    The number of “slack-fill” lawsuits claiming food companies trick consumers into thinking they are getting more product than they actually paid for has jumped more than six times since 2013, and that growth shows no signs of diminishing despite mixed results from judges’ decisions in these cases.

  • April 17, 2017

    NECC Owner Says FDA Fraud Is ‘Legal Impossibility’

    A part owner of the New England Compounding Center, the defunct Massachusetts pharmacy linked to the deadly 2012 meningitis outbreak, asked a federal judge Friday to dismiss the lone count against him, largely echoing the judge’s previous skepticism about fraud on federal regulators in the sprawling criminal case.

  • April 17, 2017

    Halal Food Co. Founder, Son Lose Appeal Over False Exports

    The founder of a halal food company and his son lost their attempt to overturn convictions tied to mislabeled halal exports Friday, as an Eighth Circuit panel tossed arguments that Congress had meant only for the U.S. Department of Agriculture to pursue mislabeled food violations.

  • April 14, 2017

    FDA Wants Answers From Abbott On St. Jude Device Security

    The Food and Drug Administration told Abbott Laboratories, the new owner of St. Jude Medical Inc., that it has 15 days to explain how it has addressed cybersecurity concerns with a line of cardiac implant transmitter devices or face potential penalties, according to a letter sent to the company’s president on Thursday.

  • April 14, 2017

    Hercules Can't Nix $104M In Drilling Rig Explosion Claims

    The bankruptcy trust for Hercules Offshore Inc. lost a fight Thursday over a $103.5 million Delaware Chapter 11 claim filed by a Texas-based oil field firm tangled in federal liability actions arising from a July 2013 blowout on one of Hercules’ drilling rigs.

  • April 14, 2017

    Teva Gets Quick Win In IUD Defect Suit

    An Indiana federal judge recently ruled that a woman’s failure to produce expert testimony in her suit against Teva North America alleging that her intrauterine contraceptive device is defective after a small part became embedded in her uterus doomed her suit.

  • April 14, 2017

    Greyhound Not Liable For Bus Attacker, Crash, Court Says

    Greyhound Lines Inc. and one of its drivers are not liable for injuries allegedly suffered by passengers after a man grabbed the wheel and crashed the bus into a median, a Texas appellate court held Thursday in siding with a lower court that dismissed the claims with prejudice.

  • April 14, 2017

    Cordis Can't Bring Defect Suits To Fed. Court: 9th Circ.

    The Ninth Circuit on Friday upheld a lower court’s opinion that sent eight consolidated suits involving more than 100 consumers alleging they were harmed by Cordis Corp.’s vascular filters back to California state court, finding that the consumers hadn’t proposed a joint trial of their claims.

  • April 14, 2017

    Judge Shuts Door On 'Soft-Close' Defect Suit Against BMW

    A California federal judge on Thursday slammed the door on a proposed consumer fraud class action claiming BMW is responsible for finger injuries sustained from soft-closing automatic doors, finding that the underlying facts don’t back up the car-owners’ claims.

  • April 14, 2017

    Pre-Takeoff Injury Keeps Southwest Suit Grounded In Pa.

    A Pennsylvania state appeals court on Thursday revived a lawsuit by a Southwest Airlines passenger who claims that the airline is on the hook for injuries she suffered after being struck by a suitcase during the boarding process, saying that state laws apply since the plane was not flying at the time.

  • April 14, 2017

    WWE Seeks End To Concussion Suit's Last Fraud Claims

    World Wrestling Entertainment Inc. sought Friday to end two former wrestlers' remaining claims that the company hid the dangers of repeated head trauma, arguing there is no evidence that WWE knew of the alleged dangers or that the wrestlers relied on its failure to tell them.

  • April 14, 2017

    Pair Of Louisiana Firms To See $87M Each In BP Spill Fees

    Two Louisiana law firms that oversaw the multidistrict litigation over the Deepwater Horizon oil spill should receive more than $87 million each in fees, a committee of attorneys who looked over the case's legal work have recommended to a New Orleans federal judge.

  • April 14, 2017

    'Gluten-Free' Cheerios Made People Sick, 9th. Circ. Told

    A proposed class of consumers urged the Ninth Circuit to revive their suit against General Mills over supposedly gluten-free Cheerios that had been made with the wrong flour, saying that a lower court erred in concluding that a recall program made their claims baseless, and that the cereal had sickened consumers. 

  • April 14, 2017

    Hyundai Gets Peeling Paint Class Action Tossed For Now

    A California federal judge on Thursday tossed a putative class action alleging Hyundai sold cars with defective paint that bubbles and flakes, but gave the car owners bringing the allegations another chance to show Hyundai knew about the defect when it sold the vehicles.

  • April 13, 2017

    Treadmill Co. Says Heart Monitors Vary Too Widely For Class

    Treadmill maker Precor Inc. asked an Illinois federal judge on Thursday to reconsider his partial certification of a class of users accusing it of selling products with defective heart rate monitors, saying he erred on issues of damages and commonality.

  • April 13, 2017

    Chicago Hid Info About Lead In Water From Emails, Suit Says

    A government watchdog organization this week said that the city of Chicago improperly redacted key information from emails the group had requested related to high lead levels found in drinking water at Chicago Public Schools.

  • April 13, 2017

    Target Recalls 560K Easter Egg Toys Due To Ingestion Hazard

    Target is recalling approximately 560,000 water-absorbing toys shaped like Easter eggs, bunnies, chicks and dinosaurs over concerns that, if ingested, the toys can expand inside a child’s body and cause intestinal obstructions, the U.S. Consumer Product Safety Commission announced Thursday.

  • April 13, 2017

    Janssen, Bayer Lose Preemption Bids As Xarelto Trial Nears

    Days before a first bellwether trial begins in multidistrict litigation over the alleged dangers of blood thinner Xarelto, a Louisiana federal judge on Wednesday refused to drop some claims against Bayer AG and Janssen Pharmaceuticals Inc., saying they can't necessarily blame U.S. Food and Drug Administration red tape for their lack of label updates or for any noncompliance with Louisiana law.

Expert Analysis

  • Upholding Assignment Of Post-Loss Claims

    Rachel A. Mongiello

    The New Jersey Supreme Court's recent decision in Givaudan Fragrances Corporation v. Aetna Casualty and Surety Company represents a big win for insureds, as it confirms that post-loss claims have value and may be transferred, says Rachel Mongiello of Cole Schotz PC.

  • The 'Marriage Before Injury' Rule And Wrongful Death

    Rebecca Kibbe

    In a 2-1 ruling, Florida's Fourth District Court of Appeal recently found that the common law "marriage before injury" rule means a widow may not collect loss of consortium damages after her husband's death, allegedly due to to premarital asbestos exposure. But the strong dissent and notable public policy concerns suggest the Florida Supreme Court will take up the issue, says Rebecca Kibbe of Manion Gaynor & Manning LLP.

  • What To Know About New RCRA Post-Closure Care Guidance

    Megan E. McLean

    New guidelines from the EPA provide insight into when post-closure care periods under the Resource Conservation and Recovery Act may be adjusted, allowing owners and operators to better evaluate long-term waste management strategies and understand the associated costs, say Megan McLean and Megan Galey of Husch Blackwell LLP.

  • Rebuttal

    Beware Intended Consequences Of Class Action Reform, Too

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    The authors of a recent Law360 guest column on H.R. 985, a class action reform bill before the House, insist it is needed to protect corporations forced to settle meritless claims. But studies have debunked the myth of class action blackmail. The new bill simply creates obstacles for true victims of corporate fraud, say David Stein and Andre Mura of Gibbs Law Group LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • New Calif. Law Will Change Youth Sports Concussion Cases

    Anne Marie Ellis

    California's recently enacted youth sports concussion law significantly expands the scope of the pre-existing “return to play” law, which only applied in the scholastic setting — as is the case in most other jurisdictions throughout the country. Expect to see similar expansions in other states, say Anne Marie Ellis and Paul Alarcon of Buchalter.

  • Gorsuch's Views On 'Legal Tourism' Could Shift High Court

    Jan Dodd

    The confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch is scheduled for March 20. A month later, the high court will hear arguments in Bristol-Myers Squibb Company v. Superior Court of San Francisco County. Gorsuch’s Tenth Circuit record offers surprising insights into how he might rule on this and related matters, say Jan Dodd and Lesley Holmes of Norton Rose Fulbright US LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.