Product Liability

  • August 11, 2017

    VW Hit With 2 Suits In NJ, Fla. Over Tire Wear

    In a one-two punch, Volkswagen AG was hit by two proposed class actions, filed in Florida and New Jersey federal courts on Thursday and Friday, alleging that the automaker failed to tell drivers that a defect in its Model CC cars caused tires to wear down prematurely.

  • August 11, 2017

    Feds Plan To Take The Wheel On Self-Driving Cars

    Congress’ consideration of first-of-its-kind legislation regulating how autonomous or self-driving cars are manufactured, tested and deployed in the U.S. indicates that the federal government will keep a tight rein on such automotive advancements while ensuring that states don’t overburden automakers with conflicting regulations of their own, experts say.

  • August 10, 2017

    Woman Says Cancer A Surprise After Years Of J&J Talc Use

    A woman who alleges Johnson & Johnson’s talcum powder products caused her terminal ovarian cancer testified for a California jury on Thursday that in her five decades of daily use, she never saw any warning that the product could cause cancer.

  • August 10, 2017

    Lawyer Group Asks To Weigh In On Mesothelioma Appeal

    The Florida Justice Association urged the state high court Thursday to let it weigh in on efforts to reinstate a mesothelioma sufferer’s $8 million verdict in litigation against R.J. Reynolds and an industrial manufacturer, saying an appeals court erred by following the state legislature’s lead and applying the wrong standard for screening expert testimony.

  • August 10, 2017

    Trump To Declare Opioid Crisis A National Emergency

    President Donald Trump on Thursday said he would designate the opioid crisis a national emergency and promised “a lot of money” to address the matter, accepting a recommendation that he had rejected just two days earlier. 

  • August 10, 2017

    Plaintiffs' Settlement Team Appointed In Syngenta Corn MDL

    Lawyers from Seeger Weiss LLP, Watts Guerra LLP and two other firms will serve on a settlement negotiation committee that will work on resolving several lawsuits pending in state and federal courts over Syngenta’s development and sale of genetically modified corn seeds, a Kansas federal judge has said.

  • August 10, 2017

    Firm In Hot Water Over Releasing Monsanto Weedkiller Docs

    A California federal judge Wednesday ordered one of the lead attorneys representing consumers who have accused Monsanto Co. of peddling cancer-causing weedkillers to demonstrate to the court why he and his firm should not be taken off the case after allegedly posting sealed documents online.

  • August 10, 2017

    Allergan Again Pressures FDA On Restasis Generics

    Allergan PLC is continuing its push to keep a generic version of the dry-eye blockbuster Restasis off the market by submitting at least its third citizen petition to the U.S. Food and Drug Administration arguing that the agency is letting companies use insufficient studies to prove bioequivalence.

  • August 10, 2017

    FDA Says Fla. Pharmacy Is Not Properly Sterilizing Equipment

    The U.S. Food and Drug Administration on Thursday warned doctors and patients against using purportedly sterile products from a Florida pharmacy because they might not have been properly disinfected.

  • August 10, 2017

    Shook Hardy Nabs Life Sciences Trial Pro From Hollingsworth

    Shook Hardy & Bacon LLP has hired a Hollingsworth LLP trial attorney fresh off a jury win for DynCorp as a partner in its office in Washington, D.C., the firm announced Wednesday.

  • August 10, 2017

    Judge To Reconsider Some Claims In GM Ignition Switch MDL

    A New York federal judge said Wednesday that he will reconsider claims brought by people who bought General Motors vehicles but sold them prior to any recalls, finding he painted with “too broad a brush” when dismissing all such claims from the ignition switch defect multidistrict litigation in late June.

  • August 10, 2017

    EPA State Coal Ash Permit Guidance Offers Flexibility

    The U.S. Environmental Protection Agency on Thursday issued guidelines for states on how to craft permit programs for the management and disposal of coal ash, offering them some opportunities to deviate from federal requirements.

  • August 10, 2017

    Petrobras Says Don't Pause $400M Suit For Arbitration

    Petrobras America Inc. and certain underwriters at Lloyd's of London urged a Texas federal court on Wednesday not to send to arbitration their $400 million dispute with Vicinay Cadenas SA over an allegedly defective component used in Petrobras’ offshore oil and gas operations, saying Petrobras never signed the underlying arbitration clause.

  • August 10, 2017

    5 Deaths Linked To Obesity Stomach Balloons, FDA Warns

    The U.S. Food and Drug Administration informed health providers Thursday that five patients with fluid-filled balloons used to treat obesity have unexpectedly died since last year.

  • August 10, 2017

    Pa. Justices To Mull Contractor Liability In Fall Case

    The Pennsylvania Supreme Court said Wednesday it would consider whether entities responsible for the design and construction of a sidewalk that passed through an area that allegedly left it prone to icing could be held liable for injuries a woman sustained in a fall.

  • August 10, 2017

    Takata's Japanese Parent Seeks Ch. 15, Litigation Halt

    Takata’s corporate parent in Japan, already under a form of bankruptcy protection in its home country, sought Chapter 15 recognition Thursday in Delaware, opening another front in the company’s quest to halt the firestorm of litigation over defective Takata air bag inflators linked to at least a dozen deaths.

  • August 10, 2017

    Pa. Justices To Again Mull 3rd-Party Subrogation Claims

    The Pennsylvania Supreme Court said Wednesday that it would consider whether an insurer had properly adhered to a 2-year-old decision governing the standards for bringing subrogation actions as it sought to recover benefits paid to a woman who was struck by a vehicle on a rental car lot.

  • August 9, 2017

    NH, Ore. County Accuse Opioid Makers Of Fueling Crisis

    The state of New Hampshire and the Oregon county that includes Portland have joined the legal fight over opioid marketing with a suit alleging Purdue Pharma LP misrepresented its drugs’ safety and addiction risk.

  • August 9, 2017

    Nissan Sunroof Suit Rolls On Without Nationwide Class

    A California federal judge said Wednesday he’d likely rule that California and New York car owners could keep claims alleging some Nissan panoramic sunroofs shatter due to a defect in the glass, adding he’d kill the nationwide claims but give the putative class a chance to add representative plaintiffs from other states.

  • August 9, 2017

    Pa. Court Orders New Trial In Nursing Home Suit

    A Pennsylvania appellate panel on Tuesday ordered a new trial in a long-running nursing home negligence suit that has already made a trip to the state Supreme Court, saying the patient’s estate adequately alleged that the home was understaffed so a midtrial dismissal was not appropriate.

Expert Analysis

  • The Gov't Wants To Tell Your Car How To Drive Your Car

    Michael Nelson

    Congress has been an observer on the sidelines when it comes to laws related to automated cars — up until now. The House Energy and Commerce Committee recently released a series of discussion drafts that, if passed, would not only significantly increase the government’s oversight of highly automated vehicles, but also would look to free automakers from the current patchwork of state regulations, say attorneys with Eversheds Sutherland.

  • Maryland Court Applies Special Standard For Lead Exposure

    F. Ford Loker

    The Maryland Court of Appeals continues to apply its “reasonable probability” standard in proving source exposure and source causation in lead-based negligence cases. But it is unclear what the statutory or policy basis is for carving out a distinct causation standard for lead paint plaintiffs as opposed to other tort plaintiffs, say F. Ford Loker and Katherine Lawler of Miles & Stockbridge PC.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Daubert And Product Liability: Mid-2017 Update — Part 2

    Max Kennerly headshot.jpg

    A review of recent circuit court opinions shows that, as the U.S. Supreme Court intended, the Daubert standard is flexible because science itself is flexible. Daubert is a means by which courts ensure that juries aren’t subjected to unsupported speculation; it’s not a grocery list of arbitrary requirements, says Max Kennerly of Kennerly Loutey LLC.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Daubert And Product Liability: Mid-2017 Update — Part 1

    Max Kennerly

    A good way to understand the state of the Daubert standard in product liability cases is to examine the four most recent published circuit court opinions. All have one thing in common: The defendants framed Daubert as a matter of pseudoscientific absolutes, and the courts rejected the defendants at every turn, says Max Kennerly of Kennerly Loutey LLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Specific Personal Jurisdiction: The Unanswered Questions


    The tort bar eagerly awaited the U.S. Supreme Court’s decision last month in Bristol-Myers Squibb v. Superior Court of California. But the ruling did not address whether specific jurisdiction exists when the defendant markets a defective product nationwide, and the stream of commerce carries it into the forum state, where it injures the plaintiff, says David Holman of Davis Graham & Stubbs LLP.