Product Liability

  • March 12, 2018

    Hankook Tire Co. Hit With $37M Crash Verdict

    A Virginia federal jury hit Hankook Tire Co. Ltd. with a more than $37 million verdict on Friday in favor of a man who became a quadriplegic in a 2014 accident when his cement truck crashed due to a tire suddenly deflating.

  • March 12, 2018

    Holland & Knight Adds Commercial Litigator In Dallas

    Holland & Knight LLP has hired away a litigation partner from Thompson & Knight LLP in Dallas in a move it says will bolster its complex commercial litigation practice.

  • March 12, 2018

    Shell, BP, Sunoco Reach $196M Deal With NJ In Pollution Suit

    Shell, BP and Sunoco entities have agreed to pay $196.5 million to resolve New Jersey’s contamination claims over a gasoline additive that seeped into groundwater throughout the state, in the latest settlements in the 11-year environmental litigation against dozens of companies, state authorities said Monday.

  • March 12, 2018

    Manning & Kass Enters Texas With 2-Lawyer Dallas Office

    Manning & Kass Ellrod Ramirez Trester LLP launched a Dallas office in early March with two partners from California experienced in general litigation, workers' compensation and military and veterans' issues, but plans to expand by hiring local talent.

  • March 12, 2018

    La. Wrong Venue For Food Co.'s $1M Coverage Spat: 5th Circ.

    The Fifth Circuit upheld the dismissal of a Louisiana-based restaurant operator’s suit seeking about $1 million from its insurer to cover property damage on Friday, finding that a forum-selection clause in the insurance policy requires the litigation to be in New York rather than Louisiana.

  • March 12, 2018

    Cook Medical’s Vein Filter Suit Tossed As Time-Barred

    An Indiana federal judge on Friday tossed the second bellwether case in multidistrict litigation over alleged safety risks associated with Cook Medical Inc.’s vein filters, noting the patient allegedly injured by the filters should have brought the suit years earlier than he did.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 12, 2018

    CORRECTED: Intervenor In Cable Packaging Suit Sanctioned Over Lies

    After granting preliminary approval earlier this week to a class action settlement over allegedly misleading cable packaging, a Cook County judge on Friday granted the parties' joint motion for sanctions against a man who tried intervening to stop the deal, finding he'd lied about having purchased a cable in the first place. Correction: A previous version of this story incorrectly identified an attorney class counsel will seek to bring sanctions against. The error has been corrected

  • March 9, 2018

    Monsanto Testimony Stretches Limits Of Judge’s Math Skills

    Apologizing for his “less than rudimentary” math skills, a California federal judge stepped down from the bench and scrawled a calculation on the back of a poster-board demonstrative Friday, seeking to understand a Monsanto expert’s highly technical testimony supporting the company’s bid to end litigation alleging its Roundup weed killer causes cancer.

  • March 9, 2018

    NHL Used Expert Reports To Skirt Word Limits, Players Say

    Hockey players accusing the National Hockey League in multidistrict litigation of hiding the effects of concussions on Thursday urged a Minnesota federal judge to strike 11 expert reports filed by the league Wednesday in a larger expert testimony dispute, calling the move an attempt to dodge word limitations.

  • March 9, 2018

    Dr. Reddy's Escapes FCA Suit Over Drug Packaging

    A Pennsylvania federal judge on Friday tossed a suit alleging Dr. Reddy’s caused the government to be billed for prescription drugs sold in packages not tested for child safety, saying the whistleblowers can’t bring claims under the False Claims Act because they haven’t alleged any factual falsehoods.

  • March 9, 2018

    FDA Accuses Scope Makers Of Flouting Safety Studies

    The U.S. Food and Drug Administration fired off warning letters Friday to three medical scope makers implicated in a major outbreak of “superbug” infections, accusing them of shirking commitments to conduct safety studies.

  • March 9, 2018

    Health Hires: Aronberg, Bracewell, Miles, Polsinelli, Sidley

    Aronberg Goldgehn Davis & Garmisa, Bracewell LLP, Miles & Stockbridge PC, Polsinelli PC and Sidley Austin LLP are among the firms that have seen their life sciences and health teams grow in the last few weeks.

  • March 9, 2018

    9th Circ. Urged To Rethink Nix Of $200M Hyundai Class Deal

    Parties Thursday on both sides of vehicle fuel efficiency multidistrict litigation against Hyundai and Kia told the full Ninth Circuit that a panel's ruling that the lower court should have weighed variations in state laws before approving a $200 million settlement clashes with precedent and will hinder nationwide settlements.

  • March 9, 2018

    Oatmeal Buyers' 2nd Shot At No-Maple-Syrup Suit Fails

    A California federal judge on Thursday for the second time tossed a consolidated putative class action accusing Quaker Oats Co. of falsely advertising its instant oatmeal as having real maple syrup, rejecting arguments that maple is a sweetener and subject to certain federal regulations.

  • March 9, 2018

    Johnson & Johnson Hit With $35M Verdict In Pelvic Mesh Trial

    An Indiana federal jury on Friday slammed a Johnson & Johnson unit with a $35 million verdict in favor of a woman who claimed she was harmed by a pelvic mesh device, finding that the mesh implant was negligently designed and the company failed to warn of its risks.

  • March 9, 2018

    Snack Co.’s ‘Quinoa Puffs’ Actually Rice-Based, Suit Says

    A quinoa snack company misrepresents that its quinoa puffs are made primarily with quinoa flour when the main ingredient is likely rice flour instead, according to a proposed class action filed in New York federal court Thursday.

  • March 8, 2018

    Insurer Excused After Paying $1M To Settle Worker Death Suit

    A Texas federal court Thursday let Gray Insurance Co. out of defending a generator supplier from a suit over a fatal electrocution, saying the survivors’ agreement not to seek judgment from the supplier is as good as a settlement for policy exhaustion purposes.

Expert Analysis

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • No Consensus On Conspiracy Theory Of Personal Jurisdiction

    Jack Figura

    Courts are divided — and the U.S. Supreme Court has yet to rule — on whether the conspiracy theory of personal jurisdiction is proper under due process requirements. But it is reasonable to expect that sooner or later the high court will narrow the permissible reach of this theory, says John P. “Jack” Figura of Norton Rose Fulbright.

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • The Software Implementation Project Failed — Now What?

    David Shapiro

    The implementation of a new software system is expensive and time-consuming, and in an alarming number of cases it does not go well. If a company has concluded that a software project has failed, it has various options, but all are based on one unshakable fact: Software implementation failures are incredibly expensive to remediate, says David Shapiro of the Shapiro Litigation Group.

  • Lessons For Data Breach Lawyers From Product Liability

    Michael Ruttinger

    Lawyers in data breach litigation can learn from their contemporaries in more established fields such as product liability, where the law has developed well-established approaches to many of the same issues that will arise in the merits stage of data breach cases, says Michael Ruttinger of Tucker Ellis LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Fla. Case Points To Speculative Nature Of Asbestos Claims

    Corey Lapin

    Last month, a Florida appeals court erased a sizable verdict against Bechtel Corporation for a worker's asbestos exposure decades ago. The court found that the jury should never have considered claims against the defendant because of the plaintiffs’ insufficient evidence. The case highlights the lack of clear causation in many asbestos claims, says Cory Lapin of Manion Gaynor & Manning LLP.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.