Product Liability

  • December 22, 2016

    Doctor In Testosterone Gel MDL Must Reveal Drug Co. Deals

    A doctor in multidistrict litigation over the marketing of testosterone replacement drugs who plaintiffs say was one of the biggest proponents of the drugs' use for more conditions has to turn over records of payments he received from the drugs' manufacturers, an Illinois federal judge ruled Thursday.

  • December 22, 2016

    GE Unit Can't Duck Insurers' Faulty-Motor Suit

    An Alabama federal judge on Thursday adopted a magistrate judge's recommendations that a French unit of General Electric Co. not be allowed to duck a lawsuit by insurers of a steel company over the sale of allegedly faulty motors, despite complaints that the report had been flawed.

  • December 22, 2016

    Pa. High Court To Review Conviction Of Cobalt Driver

    The Pennsylvania Supreme Court agreed Wednesday to hear a challenge to certain timeliness requirements in post-conviction relief appeals, granting a petition filed by a woman who pled guilty to involuntary manslaughter after a fatal car accident but later used new-found evidence regarding GM’s faulty ignition switches to overturn the conviction.

  • December 22, 2016

    Judge Backs Widow's Objection To GSK Trial Documents

    An Illinois federal judge has sustained an objection by the widow of a Reed Smith partner who committed suicide after allegedly taking an antidepressant to the volume of documents drug company GlaxoSmithKline plans to present jurors at trial.

  • December 22, 2016

    Ford Owners Can’t Get Class Cert. In Steering Defect Suit

    A California federal judge on Thursday shot down a class certification bid by Ford drivers suing over allegedly faulty steering in some Focus and Fusion cars, saying too many questions existed related to issues of commonality among potential class members.

  • December 22, 2016

    Tesla Beats Shareholder Suit Over Battery Fires At 9th Circ.

    The Ninth Circuit affirmed on Wednesday the dismissal of a proposed shareholder class action accusing Tesla Motors Inc. and CEO Elon Musk of causing a $6.5 billion stock drop by lying about the safety of the company's electric vehicles, saying the complaint was unsalvageable.

  • December 22, 2016

    Chicago Blames Cilantro For Summer E. Coli Outbreak

    Cilantro was responsible for an E. coli outbreak in late June and early July at Chicago's Carbon Live Fire Grill, according to documents obtained Thursday.

  • December 22, 2016

    CORRECTED: DOT Says Drug Testing Regs Cover Temp Truck Drivers

    The U.S. Department of Transportation confirmed Thursday that its drug and alcohol testing requirements for truck drivers covers commercial drivers employed by staffing agencies.

  • December 22, 2016

    Schwarzenegger Supplement Maker, Rival Drop Ad Claim Suit

    MusclePharm Corp. and Hi-Tech Pharmaceuticals Inc. have asked a federal judge to dismiss a suit alleging that MusclePharm's Arnold Schwarzenegger-branded supplement misrepresents how much protein is actually in it.

  • December 22, 2016

    Herr's Hits Back Hard On Atty DQ Motion In Labeling Suit

    A bitter lawsuit between a Herr Foods Inc. customer and the company grew even uglier Wednesday as Herr’s attacked the man’s motion to disqualify its attorney, saying he has a criminal record and is trying to smear Herr's lawyer.

  • December 22, 2016

    US Threatens EU With New Tariffs Over Beef Hurdles

    The Obama administration on Thursday threatened to reinstall steep retaliatory tariffs on a litany of European Union products in light of Brussels’ failure to sufficiently open its market to imports of U.S. beef, reigniting a dispute that reaches back to the Clinton administration.

  • December 21, 2016

    Where 5 Top MDLs Stand At The End Of 2016

    Among the hundreds of pending multidistrict litigations across the country, some stand out for the large jury awards they've yielded — and some for their inability to produce many verdicts at all — while others are notable for their longevity. As 2016 draws to a close, Law360 gets you up to speed on five highly visible MDLs, including cases over General Motors' ignition-switch defect and DePuy Orthopaedics' metal-shedding artificial hips.

  • December 21, 2016

    Ikea Pays $50M To End Child Death Suits Linked To Dressers

    Ikea has agreed to pay $50 million to the families of three toddlers killed by furniture that tipped over on them, settling claims filed in Pennsylvania state court before and after the Swedish company recalled roughly 29 million chests and dressers, the families’ attorneys announced Wednesday.

  • December 21, 2016

    Tribes Say Driver Shares Mohegan's Immunity To Tort Suit

    Nearly two dozen tribes urged the U.S. Supreme Court on Wednesday to uphold a ruling that the driver of a Mohegan Tribe-owned limousine shared the tribe’s sovereign immunity to a state tort suit over an off-reservation car accident, saying a reversal would undermine tribal self-government and public safety.

  • December 21, 2016

    Gov't Backs Ruling Keeping Sailors' $1B Fukushima Suit In US

    The U.S. government on Monday backed a California federal court order maintaining jurisdiction over a proposed class action against Tokyo Electric Power Co. filed by 70,000 U.S. sailors allegedly exposed to radiation while responding to the Fukushima nuclear disaster, saying the case does not have to be sent to Japan.

  • December 21, 2016

    Garlock Claimants Support $20M Canadian Asbestos Deal

    Two asbestos claimant committees associated with Garlock Sealing Technologies LLC’s bankruptcy case urged a North Carolina bankruptcy judge Tuesday to approve a $20 million deal to end asbestos injury claims for affected automotive part manufacturers in Canada.

  • December 21, 2016

    Murdered Singer's Family Sues Orlando Venue Over Security

    The family of "The Voice" singer Christina Grimmie, who was gunned down in June after a concert in Orlando, Florida, sued her tour promoter, the Orlando venue and the private security companies at the venue Tuesday for failing to protect her from the assailant.

  • December 21, 2016

    GE, Insurers Trade Barbs Over Findings In Faulty-Motor Suit

    General Electric Co. and a group of insurers that blame GE for supplying faulty equipment to a unit of Finnish steelmaker Outokumpu OYJ each urged an Alabama federal judge on Tuesday to adopt parts of a magistrate's findings but split on where they erred.

  • December 21, 2016

    Celebrex Judge OKs $468M Settlement, $130M In Fees

    Attorneys representing a certified class in a long-running multidistrict litigation against Pfizer Inc. got everything on their Christmas list Wednesday when a New York federal judge gave final approval to a $468 million settlement and approved more than $150 million in attorneys’ fees and litigation expenses.

  • December 21, 2016

    Monsanto Tries To Save Subpoenas In Roundup Cancer Suit

    A discovery dispute in a man’s liability case claiming his cancer stems from use of Monsanto Co.’s weedkiller Roundup left a California federal judge on Wednesday trying to balance a subpoena for research linking herbicides to cancer and the World Health Organization’s contention that divulging such documents would violate international law.

Expert Analysis

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • How A Trump Administration Might Affect Product Liability

    James Beck

    How will the drug and medical device product liability space change under the new presidential administration? James Beck of Reed Smith LLP considers likely upcoming developments around issues including U.S. Food and Drug Administration rulemaking, U.S. Supreme Court nominations, corporate speech, federal product liability legislation, and more.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.

  • Product Contamination: Strong Underwriting Is Key

    Matthew L. Gonzalez

    In February 2016, the Western District of Pennsylvania confirmed that an insurer can rescind a product contamination policy due to an insured's misrepresentations. Underwriters should ask the correct questions during application processes to allow insurers to rescind policies for misrepresentations, say Matthew Gonzalez and Jonathan MacBride of Zelle LLP.

  • Merging Law Firms: Beware Conflicts Of Interest

    Allison Martin Rhodes

    Among the many ethical issues that can arise, conflicts of interest from current or past representation of each firm’s clients should be at the forefront of merger discussions. Recently, we have seen such conflicts disqualify firms in the middle of high-cost litigation, say Allison Martin Rhodes of Holland & Knight LLP and Robert Hillman of the University of California, Davis.

  • Man Vs. Machine: Or, Lawyers Vs. Legal Technology

    Abdi Shayesteh

    Some have claimed that emerging legal technologies and increasingly cost-conscious clients will mean the extinction of the legal profession as we know it. However, innovations in legal technology may actually benefit attorneys, allowing them to spend their time doing more meaningful work, say Abdi Shayesteh and Elnaz Zarrini of AltaClaro.

  • OPINION: The Verdict — A Rejection Of Politics As Usual

    Reuben Guttman

    The verdict on Nov. 8, was not unanimous, especially when Secretary Hillary Clinton will end up with a popular vote advantage. Yet, it is a message of extreme magnitude from voters willing to overlook the serious flaws of a candidate because they could not reconcile themselves to ratifying the perpetuation of politics as usual, says Reuben Guttman, a partner of Guttman Buschner & Brooks PLLC and adjunct professor at Emory Law School.

  • Merging Law Firms: Why Hogan Lovells Has Worked

    J. Warren Gorrell Jr.

    As shown by the impending merger between Arnold & Porter LLP and Kaye Scholer LLP, consolidation in the legal industry remains a popular strategy among firms looking to boost revenue and acquire new clients. J. Warren Gorrell Jr., a key architect of the 2010 merger that created Hogan Lovells, reflects on his own experience and why mergers of equals are particularly difficult.

  • The Death Of Frye: DC Appeals Court Embraces Daubert

    Kate Middleton

    In Motorola v. Murray, the District of Columbia Court of Appeals recently adopted Rule 702 of the Federal Rules of Evidence, thus dismissing the “general acceptance test” established by Frye in 1923, and adopting the “reliability test” set forth in Daubert. This puts states that currently rely on Frye in an interesting position, says Kate Middleton of Faegre Baker Daniels LLP.

  • Data Analytics: How Parties Are Using Tools Beyond TAR

    Andrea D'Ambra

    When we talk about analytics in the e-discovery world, we tend to focus on technology-assisted review, predictive coding, concept clustering and general review-centric technologies. But it is important not to forget that there are other uses for analytics that can help parties prove their claims or defenses, say Andrea D’Ambra and Sam Sessler of Norton Rose Fulbright US LLP and Charlie Platt of iDiscovery Solutions Inc.