Product Liability

  • April 5, 2018

    Apple Concealed IPhone Battery Problem, Suit Says

    Apple Inc. neglected to tell owners of faulty iPhone 6 models that they could fix the problems by purchasing a new battery rather than an entirely new phone, according to a proposed class action removed to Ohio federal court Wednesday.

  • April 5, 2018

    Hankook Can't Get Judge To Redo Trucker's $38M Tire Suit

    A Virginia federal judge on Wednesday explained his previous decision to deny Hankook Tire Co. Ltd.’s motion to reconsider a summary judgment win handed to a former cement truck driver, saying the company didn't point out a clear error of law and instead repackaged old arguments that failed to stop a jury from returning a $37.8 million jury verdict against Hankook last month.

  • April 5, 2018

    Texas Homeowners Sue Engineering Co. Over Harvey Damage

    Hundreds of homeowners launched a lawsuit Wednesday in Texas state court saying design flaws in levee systems constructed by engineering firm Costello Inc. allowed water to flood into their neighborhood during Hurricane Harvey, causing severe and long-lasting damage and destruction to their properties.

  • April 5, 2018

    Autonomous Car Regs In Murky Territory After Crashes

    As investigators piece together what caused a pair of fatal Uber and Tesla self-driving car accidents last month, industry observers say it’s increasingly difficult to gauge whether federal or state regulators will tighten the screws on autonomous car testing.

  • April 5, 2018

    Valero Must Redo Suit Over WWII Waste Cleanup, Judge Says

    A Michigan federal judge said Wednesday that Valero Corp. hasn't sufficiently alleged the U.S. government is on the hook for some of the cleanup costs at certain refineries that supplied fuels for America's World War II efforts, but he gave the refiner a chance to beef up its case.

  • April 5, 2018

    3rd Circ. Affirms Merck Win In Shingles Vaccine Case

    The Third Circuit on Wednesday declined to revive a negligence suit against Merck & Co. Inc. over a shingles vaccine that allegedly gave an Indiana man chicken pox and caused permanent damage to his central nervous system, with the panel agreeing that the suit was filed too late.

  • April 5, 2018

    J&J Hit With $37M Asbestos Talc Verdict In NJ

    A New Jersey state jury on Thursday slammed Johnson & Johnson and its talc supplier with a verdict of $37 million in compensatory damages over claims a man developed mesothelioma after using the pharmaceutical giant's asbestos-containing talcum powder over several decades.

  • April 5, 2018

    9th Circ. Says Phoenix Must Pay For Asbestos Suit

    The Ninth Circuit affirmed Wednesday that the city of Phoenix’s insurer doesn’t owe coverage in a lawsuit over a pipe worker's asbestos-related death, saying defense costs were barred from the policies and the settlement in the case wasn't high enough to trigger coverage.

  • April 4, 2018

    J&J Loses Mistrial Bid Over Claims At Asbestos Talc Trial

    Johnson & Johnson lost its bid for a mistrial Wednesday in a New Jersey lawsuit alleging the pharmaceutical giant sold asbestos-containing talcum powder that contributed to a man developing mesothelioma after a state judge rejected claims that his attorney made improper comments to the jury.

  • April 4, 2018

    McKesson Hit With FCA Suit Alleging Misbranded Drugs

    A medical company is accusing pharmaceutical distribution company McKesson Corp. of opening deliberately overfilled sterile vials of drugs, skimming the excess medicine and then transferring the drugs into single-dose pre-filled syringes in a False Claims Act complaint filed on behalf of the government in New York federal court Tuesday.

  • April 4, 2018

    Ill. Honda Drivers Seek Cert. In Rodent-Chewed Wire Suit

    A group of Illinois Honda drivers who say the automaker is unfairly disclaiming warrantee coverage over a defect it has known attracts rodents to gnaw on its vehicles’ wire coating and cause loss of power steering asked a California federal judge Wednesday to certify them as a class while they pursue their claims.

  • April 4, 2018

    Supplement Co. Manager Cops To Selling Illegal Stimulants

    A Chinese woman who worked as a supply chain manager for supplement companies on Tuesday pled guilty in Texas federal court to selling synthetic stimulant ingredients to a dietary supplement manufacturer in the U.S., even though she knew those stimulants wouldn’t be disclosed on the products’ labels.

  • April 4, 2018

    MTA Owed Coverage In Battery Death Defense, 2nd Circ. Says

    The Second Circuit on Wednesday reversed a lower court and ruled that Harleysville Preferred Insurance Co. and Travelers must defend the Metropolitan Transit Authority in a lawsuit filed by the wife of a contractor's employee who was fatally crushed by a giant battery, saying a policy exclusion for injuries tied to the use of mechanical devices doesn't bar coverage.

  • April 4, 2018

    FDA Head Puts Spotlight On Internet's Role In Opioid Crisis

    The head of the U.S. Food and Drug Administration on Wednesday said internet service providers and social media companies should join the fight against the opioid crisis by cracking down on illegal online sales of drugs like fentanyl that are fueling the epidemic.

  • April 4, 2018

    Okla. Tribe Says Drug Cos. Played Major Role In Opioid Abuse

    Walmart, Purdue Pharma LP, McKesson Corp., CVS Health Corp. and other drug manufacturers, distributors and pharmacies have played a major role in worsening opioid abuse among tribe members, the Muscogee (Creek) Nation alleged in a complaint filed in Oklahoma federal court.

  • April 4, 2018

    NFL Players' Firms Back Concussion Suit Settlement Counsel

    Six law firms representing former NFL players in the sprawling concussion litigation joined a request by Locks Law Firm to appoint counsel to help navigate the settlement claims process, telling a Pennsylvania federal judge on Tuesday that the deal is in peril if something is not done.

  • April 4, 2018

    Prescribing Doc's Testimony Key In 2nd Philly Xarelto Trial

    After a $28 million verdict in a bellwether Xarelto case in Philadelphia was axed over testimony that additional warnings about the drug's bleeding risks wouldn't have changed a doctor's prescribing decision, attorneys say the plaintiff in a second trial set to begin Thursday will face a challenge ensuring similar testimony doesn't derail his case.

  • April 4, 2018

    Olive Oil Maker Settles Bertolli Labeling Suit For $7M

    The maker of Bertolli olive oil agreed in California federal court to pay $7 million and alter its packaging and testing procedures to end a class action alleging misrepresentations about the product’s origin and “extra virgin” quality.

  • April 4, 2018

    EPA Looks To Nix Enviros' Suit Over Effluent Rule Delay

    The U.S. Environmental Protection Agency urged an Arizona federal court on Tuesday to throw out the Center for Biological Diversity’s lawsuit challenging the agency's delay in implementing the first federal limits on toxic metals like mercury, lead and selenium in wastewater that can be discharged from coal-fired power plants.

  • April 4, 2018

    Judge Rejects $6.2M Land Rover Deal As Unfair To Drivers

    A New Jersey federal judge on Tuesday declined to grant preliminary approval to a roughly $6.2 million settlement between Land Rover and drivers who claimed their suspension systems were defective, saying the amount seems “unusually low” and leaves some drivers with nothing.

Expert Analysis

  • Finding Reason In The 'Reasonable Consumer'

    Anthony Anscombe

    A California federal judge recently granted summary judgment to Starbucks after a plaintiff claimed to have been defrauded because his latte contained foam, a victory for “reasonable consumers” and an opportunity to review the reasonable consumer standard to help focus arguments at all stages of class litigation, say Anthony Anscombe and Darlene Alt of Steptoe & Johnson LLP.

  • Using The Purchase Funnel To Analyze Consumer Behavior

    Nikita Piankov

    In many lawsuits, questions of impact and damages turn on whether the defendant’s conduct caused consumers to buy more or fewer of a product than they would otherwise. A better understanding of the consumer decision process can be derived using what economists call the "purchase funnel," say Nikita Piankov of Analysis Group and Catherine Tucker of the MIT Sloan School of Management.

  • TSCA Regulatory Action Raises Retailers' Litigation Risk

    Alexandra Cunningham

    The U.S. Environmental Protection Agency recently issued a final rule regulating formaldehyde in consumer products under the Toxic Substances Control Act, and is now evaluating other chemicals. There may be increased litigation after such regulatory action — even in the absence of noncompliance — so manufacturers and retailers should stay alert, say Alexandra Cunningham and Merideth Daly of Hunton & Williams LLP.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Litigating The Internet Of Things

    Leslie Gutierrez

    With the rise of the internet of things, vast new quantities of data are traversing the cloud. Companies that do not actively and continuously strengthen their cybersecurity protocols are at risk for breaches — and for the consumer class actions that may follow, says Leslie Gutierrez of Husch Blackwell LLP.

  • After A Drone Accident, Who Can Be Held Responsible?

    John O'Brien

    The Federal Aviation Administration's evolving regulations on the use of unmanned aerial vehicles, as well as new anti-collision technologies, may prevent some drone-related accidents. But collisions, near-misses and malfunctions can still occur, with serious consequences. So citizen access to the courts is particularly important in the context of drone safety, says John O'Brien of John O'Brien & Associates.

  • Reading The 9th Circ.'s Tea Leaves On Injunctive Standing

    Alexandra Laks

    In Victor v. Bigelow and Khasin v. Bigelow, the Ninth Circuit recently found that injunctive standing in the misbranding context is limited and requires a current intent to purchase challenged products in the future. Whether a plaintiff has standing to pursue an injunction may depend on the plaintiff’s deposition testimony, say Alexandra Laks and Lucia Roibal of Morrison & Foerster LLP.

  • Overcoming The Mistrust Of Science In An Alt-Fact Age

    Kirstin Abel

    You cannot fight alternative facts with facts alone. But with a combination of inoculation, changing the narrative, and building common ground between the jury and your experts, you should be able to significantly lessen their impact, says Kirstin Abel, managing partner at Bodyfelt Mount LLP and vice chair of the Trial Techniques and Tactics Committee of the International Association of Defense Counsel.

  • Insurance Tips For Defendants In Opioid Litigation

    Anna Engh

    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.

  • The Continuing Evolution Of Personal Jurisdiction

    Kevin Penhallegon

    It was anticipated that last year's U.S. Supreme Court ruling in Bristol-Myers Squibb would have immediate and significant impacts nationwide. Those impacts have been seen at the state level in recent months, as evidenced by several trial courts dismissing out-of-state plaintiffs’ claims where specific personal jurisdiction could not be established, says Kevin Penhallegon of Miles & Stockbridge PC.