Product Liability

  • November 30, 2017

    Paint Cos. Seek Rehearing In $1B Lead Paint Cleanup Suit

    Sherwin-Williams Co. and two other paintmakers asked a California appeals court to reconsider a decision that trimmed a $1.15 billion lead contamination judgment, saying Wednesday that the panel had ignored vital evidence about whether the companies had promoted the paint for use in homes.

  • November 30, 2017

    Korean Ship Owner Denied Arbitration In Wrongful Death Suit

    The Ninth Circuit refused Thursday to force the wife of a fishing boat engineer who was killed on the job to arbitrate her suit over his alleged wrongful death, concluding in a published opinion that the Korean ship owner couldn't rely on an arbitration agreement it hadn't signed.

  • November 30, 2017

    San Bernardino Victims Claim Social Networks Aided ISIS

    Victims of the 2015 mass shooting in San Bernardino, California, on Thursday accused Facebook Inc., Twitter Inc. and Google Inc. of allowing ISIS to “crowdsource terrorism” on their websites, thereby aiding and abetting terrorism by giving the group platforms to recruit new members and profit.

  • November 30, 2017

    JPML Open To Opioid MDL Despite Concerns About Size

    The Judicial Panel on Multidistrict Litigation seemed to lean toward centralizing litigation stemming from the country’s opioid crisis during arguments at the panel’s hearing in St. Louis on Thursday, but the judges repeatedly asked for guidance on how to work with the large variety of potential defendants and plaintiffs.

  • November 30, 2017

    Sexual Enhancement Supplements Recalled For Health Risk

    Dietary supplement maker Nutra Labs Inc. on Thursday said it was recalling male sexual enhancement supplements because a U.S. Food and Drug Administration analysis found they were tainted with the active ingredient for an erectile dysfunction drug, posing a risk to consumers.

  • November 30, 2017

    J&J Can’t Escape $110M Verdict In Mo. Talc Cancer Trial

    A Missouri state judge on Wednesday upheld a jury’s $110 million verdict against Johnson & Johnson for allegedly selling ovarian cancer-causing products, saying the conduct on which the claims are based occurred in Missouri even though the woman who brought them is from Virginia.

  • November 30, 2017

    Pa. Justices To Mull College's Liability For Football Injury

    The Pennsylvania Supreme Court said Wednesday it would hear arguments over whether an agreement waiving a college’s liability for injuries suffered during intercollegiate football activities barred negligence claims over its failure to provide qualified medical personnel at sporting events.

  • November 29, 2017

    J&J Unit Workers Say Biz Knew Pelvic Mesh Device Risks

    Johnson & Johnson unit Ethicon was aware of potential complications related to a pelvic mesh product before its launch in 2005, company officials said in deposition testimony presented Wednesday to a New Jersey state court jury hearing claims that the business withheld such information from doctors.

  • November 29, 2017

    Toyota Customer Says Rats Race To Eat Through Car Wiring

    A proposed class action removed to Massachusetts federal court on Monday accuses Toyota of leaving its customers to the rats by incorporating soy-based materials in some of its cars' electrical wiring systems, baiting rodents that gnaw the wiring but refusing to cover repairs under warranty.

  • November 29, 2017

    4th Circ. Says ALJ Correctly Backed Miner In Black Lung Suit

    The Fourth Circuit on Wednesday denied Westmoreland Coal Co.’s challenge to an administrative decision that awarded black lung benefits to a coal miner with a long career working underground, saying that despite a history of smoking and conflicting medical opinions, the outcome was carefully considered.

  • November 29, 2017

    Potential Takata Buyer Takes AIG Coverage Row To 6th Circ.

    Key Safety Systems Inc., the prospective purchaser of bankrupt Takata Corp.’s assets, told the Sixth Circuit on Tuesday that a lower court erred by not forcing an AIG unit to pay for post-judgment interest after KSS lost a $4.3 million product liability suit over a fatal car accident.

  • November 29, 2017

    AIG Unit On Hook For Port Authority Asbestos Claims: Judge

    An American International Group unit must defend the Port Authority of New York and New Jersey and several contractors against scores of asbestos claims brought by construction workers on the original World Trade Center, a New York judge ruled Wednesday, saying coverage is triggered for claims tied to alleged asbestos exposures at the building site.

  • November 29, 2017

    Prenatal Vitamin Maker Fights To Stop OTC Label Change

    A prenatal vitamin maker urged a California federal judge Wednesday to preliminarily bar First Databank Inc. from changing codes on prescription prenatal vitamins so they’re sold over-the-counter, arguing that the change will mislabel the supplements and deny pregnant women covered by Medicaid access to vitamins that prevent birth defects.

  • November 29, 2017

    Judge Tosses 24 New Complaints In Eliquis MDL

    A New York federal judge on Wednesday tossed 24 new lawsuits filed in multidistrict litigation over claims that Pfizer Inc. and Bristol-Myers Squibb Co. didn’t warn people about risks associated with the blood thinner Eliquis, finding that the claims are preempted by federal law.

  • November 29, 2017

    Enviro Group Seeks EPA's Lawsuit Settlement Policy Docs

    The Center for Biological Diversity on Wednesday sued the U.S. Environmental Protection Agency for failing to provide records regarding its new policy intended to prevent lawsuit settlements that Administrator Scott Pruitt said often circumvent transparency standards.

  • November 29, 2017

    6th Circ. Tosses Target's Product Liability Coverage Appeal

    The Sixth Circuit on Wednesday found a Target supplier’s insurer does not have to cover the retail chain for a product liability settlement, saying the supplier had contract but not tort liability.

  • November 29, 2017

    Starbucks Slims Scope Of Underfilled Latte Dispute

    A California federal judge reined in litigation accusing Starbucks of underfilling hot beverages Tuesday, saying a quick win is appropriate on allegations about the size of the company’s warm drink cups and that other recently advanced arguments exceed the scope of the latest complaint.

  • November 29, 2017

    BioChemics Obtains 11th-Hour Deposit On $17M Owed To SEC

    Attorneys for BioChemics Inc. notified a Boston federal judge on Wednesday that it secured a down payment on the $17 million it owes the U.S. Securities and Exchange Commission just 15 minutes before a hearing where government attorneys were set to pounce on the company for default.

  • November 29, 2017

    Fiat Chrysler, Bosch Push To Ax Claims In Emissions MDL

    Fiat Chrysler and Bosch urged a California federal judge to toss claims brought by drivers in multidistrict litigation over alleged cheating on emissions testing, with the automaker on Wednesday saying that, unlike in Volkswagen’s case, the drivers don’t claim their cars lost market value.

  • November 29, 2017

    Takata Creditors Balk At Proposed $12M Mexican Unit Outlay

    Several major creditor groups in the Takata Chapter 11 took issue Wednesday with the debtor’s bid to spend $12 million on its Mexican affiliates to prepare the proposed $1.6 billion sale at the center of the case they already see as problematic, arguing it has thin evidentiary support.

Expert Analysis

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Does NFL's 'Reasonable Person' Standard Go Long?

    Drew Sherman

    After instituting concussion protocols, the NFL determined it will most likely be found to have acted reasonably and not be found negligent by the courts. But given the recent lawsuit filed by Aaron Hernandez’s fiancee, the NFL and its teams should expect a new version of the concussion class action, says Drew Sherman, co-head of entertainment and media at ADLI Law Group.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • 9th Circ. Endangers Mass Action Removal Under CAFA

    Emily Pincow

    Congress adopted the Class Action Fairness Act of 2005 to make it more difficult for plaintiffs attorneys to defeat diversity jurisdiction and removal to federal court. But the Ninth Circuit’s decision in Dunson v. Cordis Corp. allows plaintiffs to avoid federal court and leaves corporations with no clear guidance, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • 9th Circ. Addresses Lower Court Split On False Ad Cases

    Cortlin Lannin

    Last week, the Ninth Circuit's decision in Davidson v. Kimberly-Clark answered a question that has long split the district courts in that circuit: whether a plaintiff in federal court who was previously deceived by allegedly false or misleading advertising possesses Article III standing to seek an injunction targeting that advertising, even when she has become aware of the truth about the product, says Cortlin Lannin of Covington & Burling LLP.

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Defending Defective Building Material Claims Under The UCC

    Somers Price

    Defective building material claims under the Uniform Commercial Code are vulnerable to summary judgment, and furthermore, the general durability of building materials makes such claims susceptible to being barred by the state of limitations or repose, say Somers Price and Dominique Meyer of Potter Anderson & Corroon LLP.