Product Liability

  • July 5, 2017

    Fla. Court Nixes Tobacco Cos.' Win Over Inconsistent Rulings

    A Florida state appeals court struck a jury's verdict for two tobacco companies in an Engle progeny case Wednesday after finding the trial judge made inconsistent rulings on a doctor's testimony that defense counsel then exploited to argue a Florida woman was not addicted to cigarettes.

  • July 5, 2017

    AirBnb Turns Blind Eye To Rowdy Renters, LA Landlords Say

    A group of apartment complex owners in Los Angeles have filed a putative class action against AirBnb alleging rowdy guests are costing them money and disturbing long-term tenants, according to filings removing the case to California federal court Monday.

  • July 5, 2017

    FDA Warning Wire: Drugmaker Defiance, Dangerous Dog Food

    Big-name generic-drug makers performed shabby testing of finished medicines, a Chinese laboratory refused to hand over records to inspectors, and a popular pet food contained a powerful anesthetic that possibly killed a dog, according to newly released U.S. Food and Drug Administration records.

  • July 5, 2017

    Employees Not Covered In Zip Line Injury Suit, Judge Rules

    A Missouri federal judge Wednesday found a Great American Alliance Insurance Co. policy was ambiguous enough to possibly cover a Baptist conference center for a 2014 zip line accident but not ambiguous enough to cover individual employees.

  • July 5, 2017

    NJ Court Revives Design Defect Claim Over BMW Tailpipe

    A New Jersey state appeals court Wednesday partially revived a product liability action against BMW of North America LLC from a consumer who was allegedly burned by his SUV's improperly extended tailpipe, saying the automaker failed to establish that the motorist needed an expert for his design defect claim.

  • July 5, 2017

    Consumer Flags Whole Foods, Kombucha Maker's $8.3M Deal

    A class member has objected to the $8.25 million settlement between consumers and the maker of GT's Kombucha and Whole Foods over mislabeling claims, telling a California federal judge that the proposed deal puts too many restrictions on class members and that the requested attorneys’ fees are too high.

  • July 5, 2017

    Nissan Says Timing Chain Just Noisy, Not Unsafe

    Three classes of Nissan drivers can’t proceed with a lawsuit claiming a timing chain defect in more than a million vehicles, the company argued in California federal court, saying the drivers haven’t shown that the alleged problem causes anything more than a whining noise.

  • July 5, 2017

    Plaintiffs Bar Perspective: Chip Brooker

    When you work on a contingency fee, there is no safety net, so this practice is not for the faint of heart. But if you have done your part, then you should have no fear going the distance and asking 12 people to believe in your case and your clients the same way that you do, says Chip Brooker of The Law Offices of Frank L. Branson.

  • July 3, 2017

    Jury Awards Fla. Man Nearly $5M In Ladder Defect Suit

    A federal jury in Florida has sided with a man who injured himself after falling from an allegedly defective ladder, awarding more than $4.7 million in damages in his suit against Tricam Industries and Home Depot, which respectively manufacturered and sold the Husky brand ladder.

  • July 3, 2017

    Justice Stevens On Playing Politics With The High Court

    Justice John Paul Stevens discusses Merrick Garland, President Donald Trump, and how the Supreme Court has changed over the past few decades, in the first of two articles based on Law360’s interview with the 97-year-old retiree. This is part of an ongoing series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 3, 2017

    J&J's McNeil Gets New Trial After $48M Motrin Reaction Loss

    The Johnson & Johnson subsidiary that makes Motrin will get a retrial in a case in which a man was awarded $48 million after he developed a skin condition from taking the pain reliever, after a California appeals court ruled the jury’s findings were irreconcilably inconsistent.

  • July 3, 2017

    Drugmakers Urge FDA To Phase Out Older Opioids

    A coalition of painkiller-focused drugmakers on Monday urged the U.S. Food and Drug Administration to phase out prescription opioids that lack abuse-deterrent properties after the agency approves three anti-abuse versions.

  • July 3, 2017

    Pa. Judge Urged To Move Mesh Cases After Justices' Rulings

    After two recent U.S. Supreme Court decisions limiting the ability of trial courts to retain jurisdiction over claims from out-of-state plaintiffs, a Pennsylvania state judge was urged to dismiss a cluster of cases against Boston Scientific Corp. and a Johnson & Johnson unit from non-Pennsylvanians alleging injuries from faulty pelvic mesh products.

  • July 3, 2017

    Hain's Veggie Straws Low On Vegetable Content, Suit Says

    The Hain Celestial Group Inc. has misrepresented the vegetable content of its Garden Veggie Straws products, according to a proposed class action filed in New York federal court.

  • July 3, 2017

    Nissan Transmission Deal OK'd As Fee Objections Squashed

    A Florida federal judge has approved a class action settlement Nissan North America Inc. reached over allegedly defective transmissions, overruling objectors who said the “high-powered attorneys” working the case showed “blatant stupidity” and don’t deserve $3.75 million in fees. 

  • July 3, 2017

    Judge Narrows Switch Evidence In GM Bellwether Trial

    The New York federal judge overseeing GM ignition switch litigation has said that a driver in an upcoming bellwether can argue that the switch in his car was as unreasonably dangerous as a previous version of the switch, but with some limits on what evidence he can show.

  • July 3, 2017

    Judge Trims GM Ignition MDL In 129-Page Order

    A New York federal court has trimmed the General Motors LLC ignition switch multidistrict litigation, sinking the plaintiffs’ “brand devaluation” claim and the bulk of their unjust enrichment claims, along with the claims of those who bought the cars before GM reorganized or sold them before they were recalled.

  • July 3, 2017

    Pa. Justices Urged To Keep UPMC On Hook In Hepatitis Suit

    Pennsylvania’s highest court is being urged to uphold a decision that could put the University of Pittsburgh Medical Center and a health care staffing firm on the hook after a worker they knew had stolen fentanyl syringes went on to spread hepatitis at a facility where he later held a job.

  • July 3, 2017

    Giant Concrete Coverage Suit Tests Conn. Bad Faith Laws

    National insurance giants including State Farm, AIG, Allstate and a slew of others are staring down the barrel of an unconventional proposed class action in Connecticut that could cost them billions of dollars and will test the limits of the state’s insurance industry bad faith laws — all because of a mineral hardly anyone has ever heard of.

  • July 3, 2017

    BMW Death Due To Misused Car Jack, 8th Circ. Rules

    An Eighth Circuit panel on Monday affirmed a lower court’s decision to clear BMW of North America LLC of wrongdoing after one of the automaker’s car jacks caused a man’s death, saying the product wasn’t being used as intended.

Expert Analysis

  • Reaffirming Personal Jurisdiction Limits At High Court

    Grant Esposito

    The U.S. Supreme Court's decision in BNSF Railway Co. v. Tyrrell Tuesday is the latest in a series of recent efforts to curtail state court expansion of personal jurisdiction over nonresident defendants, say attorneys with Morrison & Foerster LLP.

  • Juries Must Know About Products' Standards Compliance

    Albert Piccerilli

    In a recent case, the Pennsylvania Superior Court excluded defense evidence of a product's adherence to regulatory and industry standards. But such evidence is central to the issue of whether a product is unreasonably dangerous — and because juries are tasked with resolving that issue, the exclusion of this evidence makes little sense, says Albert Piccerilli of Montgomery McCracken Walker & Rhoads LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • How Automated Vehicles Are Disrupting Insurance

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    The question isn’t whether automated technology will impact the auto insurance industry, but how big that disruption will be and when that disruption will happen. In this videocast, Eversheds Sutherland partners Kymberly Kochis and Fabian Volz discuss numerous ways the insurance industry will be impacted by automated vehicle technology.

  • The Expert Witness Who Will Explode

    Bruce Gerstman

    When an expert witness takes the stand, one should not assume that the only challenge will be to their testimony. An investigation into the background of a witness may turn up lawsuits, dubious credentials, a misstated educational or employment record or other problems. Any of these may irreparably damage a witness' credibility on the stand, says Bruce Gerstman of Waterfront Intelligence Inc.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Collaboration, Harmony Key For International Drone Rules

    William O'Connor

    While President Donald Trump's 2-for-1 order has stalled regulations for drone operations in the U.S., the European Aviation Safety Agency and the International Civil Aviation Organization have recently taken steps forward on regulating drones and the airspace in which they operate. Coordination across jurisdictions will be essential for industry to fully realize the benefits of this technology, say attorneys with Morrison & Foerster LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.