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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.