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Product Liability

  • June 1, 2018

    DOT Says Engineer Off Limits In Fiat Chrysler Stock-Drop Suit

    The U.S. Department of Transportation told a New York federal judge Thursday that a group of Fiat Chrysler investors cannot depose a former National Highway Traffic Safety Administration engineer in their putative securities class action alleging the automaker lied about using emissions-cheating devices in vehicles and complying with safety recalls.

  • June 1, 2018

    Pet Food Co. Says Unsafe Dog Chow Claims Have No Bite

    Champion Petfoods USA Inc. bit back against a putative class action late Thursday, asking a Massachusetts federal judge to toss claims that its Acana and Orijen brands of pet food are tainted with mercury, lead and arsenic, saying the suit has failed to show the products are harmful to man’s best friend.

  • June 1, 2018

    Mercedes Doubles Down On Effort To Toss Radiator Suit

    Mercedes-Benz on Thursday again rebuked a driver’s amended putative class action accusing the automaker of concealing knowledge that it equipped some of its cars with faulty radiators, telling a Massachusetts federal judge the driver who filed the suit incorrectly believes he is entitled to “free repairs in perpetuity.”

  • May 31, 2018

    Fitbit’s Arbitration ‘Gamesmanship’ Could End In Contempt

    A California federal judge said Thursday he may find Fitbit in civil contempt for its “gamesmanship” after the company used an arbitration agreement to trim a class action over its heart-rate tracking device, then terminated the arbitration proceedings claiming the named plaintiff wasn’t a “rational litigant” because she declined its settlement offer.

  • May 31, 2018

    6th Circ. Affirms Freeze On Disbarred Fen-Phen Atty's Assets

    The Sixth Circuit on Thursday upheld a lower court's order freezing the assets formerly owned by Stanley Chesley, a once-prominent and now disbarred class action attorney, who along with fellow counsel lost his license for keeping the bulk of a $200 million settlement over the popular weight-loss drug fen-phen.

  • May 31, 2018

    Seeger Weiss Says Don't Delay $85.6M Atty Fees In NFL Deal

    Seeger Weiss LLP on Thursday asked a Pennsylvania federal judge to reject a motion to stay the payment of $85.6 million in fees to it and other NFL concussion suit class counsel while objectors seek to overturn the fee order, saying their arguments "have no likelihood of success."

  • May 31, 2018

    FDA Targets Anti-Generic Foot-Dragging By Big Drugmakers

    The U.S. Food and Drug Administration on Thursday explained when it will exempt generic-drug makers from having to share special safety measures with brand-name rivals, in the agency’s latest effort to tackle drug prices and alleged pharmaceutical industry obstruction.

  • May 31, 2018

    'Opioid Babies' Need Separate Track In MDL, Attys Say

    Attorneys representing "opioid babies" whose mothers used prescription narcotics told an Ohio federal court on Thursday that their clients need a special legal track in multidistrict litigation over the opioid epidemic, to address their distinct medical costs.

  • May 31, 2018

    Drivers Defend Claims In GM Emissions Cheating Suit

    Drivers on Wednesday fired back at General Motors LLC's bid to purge state law deceptive trade practices and consumer protection claims from their proposed Michigan class action alleging emissions cheating in certain diesel pickup trucks, saying the automaker's scattershot attempt to pare down the suit misses the mark.

  • May 31, 2018

    3rd Circ. Won’t Revisit Citgo’s $100M Oil Spill Liability

    ​The Third Circuit declined Wednesday to revisit a decision that made three Citgo units liable for most of a $100 million-plus oil spill judgment, keeping in place a ruling that said the refiner must repay the federal government for cleaning up the pollution.

  • May 31, 2018

    Grindr Should Be Liable For Impersonation, 2nd Circ. Told

    A man accusing the online dating app Grindr LLC of lacking safety features that would have prevented a "malicious" impersonation scheme by his ex-boyfriend urged the Second Circuit to revive his allegations, saying in a brief made public Wednesday that providers of "interactive computer services" should be liable for fraud by users.

  • May 30, 2018

    4th Circ. Won't Revisit Kinder Morgan Groundwater Ruling

    The Fourth Circuit on Wednesday denied a Kinder Morgan Energy Partners LP subsidiary’s request that it revisit a panel’s decision reviving environmentalists’ lawsuit over a South Carolina gasoline pipeline spill, a case that centers on the controversial question of when the federal government may regulate groundwater.

  • May 30, 2018

    NFL Asks For Investigator To Probe Concussion Claim Fraud

    An attorney for the National Football League urged a Pennsylvania federal judge during a hearing on Wednesday to name a special investigator to help sort through what he said was an “extraordinary number of potentially fraudulent claims” submitted against the NFL's billion-dollar concussion settlement.

  • May 30, 2018

    Takata Special Master Reports How Victims Can Get Payout

    The special master overseeing the handling of a nearly $1 billion restitution fund in the criminal lawsuit over Takata Corp.’s potentially deadly air bag inflators made a report in Michigan federal court Tuesday explaining how victims and their families can request payouts.

  • May 30, 2018

    FDA Issues Challenge For New Tech To Fight Opioid Crisis

    The U.S. Food and Drug Administration put out a call Wednesday for new technologies that could help fight the nationwide opioid crisis, promising a close working relationship with the agency and the possibility of breakthrough designation for devices that make the cut.

  • May 30, 2018

    3rd Circ. Saves Workers' Pesticide Row Against Dow, Others

    The Third Circuit revived a suit brought by banana plantation workers pursuing pesticide injury claims against Dow Chemical Co., Del Monte Fresh Produce NA Inc. and other companies in the wake of a recent Delaware Supreme Court finding that the workers' claims are not time-barred.

  • May 30, 2018

    NY, Calif. Sue EPA Over Delayed Pesticide Training Update

    The U.S. Environmental Protection Agency abused its discretion and unnecessarily harmed workers when it decided to delay the enforcement of an Obama-era rule forcing employers to provide updated pesticide training, New York, California and Maryland said in a joint lawsuit filed in New York federal court Wednesday.

  • May 30, 2018

    Insys Sales Rep Pleads Guilty To Opioid Kickback Scheme

    A former sales representative for Insys Therapeutics Inc. on Wednesday in New Jersey state court admitted to taking part in a scheme to bribe physicians with purported speaking fees for marketing and education events in exchange for them prescribing the fentanyl painkiller Subsys for off-label uses, authorities said.

  • May 30, 2018

    Rival Rigged Vacuum Test To Support Ad, Dyson Tells Jury

    The tests that vacuum manufacturer SharkNinja Operating LLC claimed to be independent while advertising a product to compete with Dyson Inc.’s best-performing vacuum cleaner were actually conducted at the company’s direction and not independent at all, counsel for Dyson told an Illinois federal jury Wednesday.

  • May 30, 2018

    Daimler Seeks Exit From German Auto Antitrust MDL

    Daimler AG asked a California federal court Tuesday to reject multidistrict litigation claiming it participated in a decades-long antitrust conspiracy with fellow German automakers Audi, Volkswagen, BMW and Porsche on car technology, costs, suppliers and emissions equipment, saying the court lacks jurisdiction over the Mercedes-Benz parent.

Expert Analysis

  • Aviation Watch: The Rise Of The Dreamliner

    Alan Hoffman

    The 787 Dreamliner's lithium batteries experienced multiple thermal runaway events soon after the plane went into service. But the manufacturer, the FAA, the NTSB and the airlines worked together to quickly and effectively solve the problem. Five years later, the 787 has compiled an admirable operational record, and Boeing continues to receive new orders, says Alan Hoffman, a retired attorney and private pilot.

  • Earth Day Review Of 'Green Guide' False Advertising: Round 2

    David Kluft

    Earth Day is almost here, and companies may be looking to capture some environmentally minded consumers with nifty green-themed advertising campaigns. To help sort through the Federal Trade Commission requirements for environmental marketing, David Kluft of Foley Hoag LLP assesses recent disputes involving the agency's “Green Guides” in his second annual review.

  • Don't Misunderstand The Prop 65 Coffee Ruling

    Erika Schulz

    Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Missouri Talc Decision Could Signal Mass Tort Sea Change

    Corey Schaecher

    The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • How CPSC Late Reporting Penalty Trends Are Evolving

    Eric Rubel

    Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Food Advertising: Don’t Wing It, Or You Will Face The Heat

    Steven Steinborn

    Companies can’t always take preemptive action to avoid every potential false advertising lawsuit. But a New York federal court's recent decision in Borenkoff v. Buffalo Wild Wings demonstrates that effective marketing and minimizing risk are entirely compatible objectives, say attorneys with Hogan Lovells.

  • What Makes CPSC's Polaris Settlement Special

    Heather Bramble

    For members of industry, consumer advocates and those worried about partisan deadlock, the recent settlement between Polaris Industries and the U.S. Consumer Product Safety Commission may provide some faith in how the CPSC fulfills its important mission to keep consumers safe, says Heather Capell Bramble of Venable LLP.