Product Liability

  • February 19, 2020

    Montana Says Keystone XL Suit Tramples On State's Say-So

    Montana asked a federal judge Tuesday to toss green groups' challenge to a U.S. Army Corps of Engineers permit necessary for the Keystone XL pipeline, saying the lawsuit threatens to usurp the state's role in evaluating the project's environmental risks.

  • February 19, 2020

    Remington Seeks Sandy Hook Shooter's Mental Health Docs

    Remington on Tuesday asked a Connecticut state judge to compel the release of the Sandy Hook shooter's medical and psychiatric records, saying his mental state at the time of the 2012 attack is a key issue in the suit brought by victims' families.

  • February 19, 2020

    Glaxo Says FDA Call About Zofran Suits Not 'Covert Lobbying'

    GlaxoSmithKline attorneys have told a Massachusetts federal judge that a 30-minute phone call with the U.S. Food and Drug Administration about multidistrict litigation alleging its anti-nausea medication Zofran causes birth defects wasn’t “covert lobbying” and doesn’t warrant sanctions.

  • February 19, 2020

    5th Circ. Says Chevron Off Hook For Mesothelioma Deal

    The Fifth Circuit has affirmed a lower court’s judgment that a construction engineering company is responsible for Chevron’s settlement with a welder who contracted mesothelioma after working at an oil refinery, saying the engineering company was contractually obligated to indemnify Chevron.

  • February 19, 2020

    RJ Reynolds Hit With $12.5M Verdict In Widow's Engle Trial

    A Florida jury on Wednesday held that R.J. Reynolds hid the truth about the health impacts of cigarettes, leading to a longtime smoker’s death from chronic obstructive pulmonary disease, and awarded $12.5 million to the smoker’s widow in the latest trial stemming from the landmark Engle class action.

  • February 18, 2020

    Toxic Pet Food Suit Trimmed Of Negligence Claims

    A New York federal judge on Tuesday axed negligence claims from a proposed class action suit against Champion Petfoods alleging its Acana and Orijen pet foods contain heavy metals known to pose health risks, but allowed misleading advertising claims to go forward.

  • February 18, 2020

    NFL Battles Controversial Redo Request In Concussion Deal

    The NFL is again blasting a retired player’s request for a do-over after his concussion settlement claim was denied, reiterating arguments that the closely watched episode had deep procedural flaws and was a "waste of judicial resources."

  • February 18, 2020

    VW Rips Bondholder's Cert. Bid In Emissions Fraud Row

    Volkswagen asked a California federal judge to reject a bondholder's bid to certify a class action alleging the German automaker offloaded overpriced bonds on unsuspecting investors who weren't told of the emissions-cheating scandal, saying there's no glossing over the myriad factors that affected buyers' purchasing decisions.

  • February 18, 2020

    Pirates' Net Installers Dropped Ball On Warning, Hurt Fan Says

    A Pennsylvania judge should have told jurors that the installer of protective netting at PNC Park was responsible for warning the team or attendees that the netting did not guarantee protection from foul balls, an injured fan trying to overturn her trial loss told an appellate panel Tuesday.

  • February 18, 2020

    States Rip Opioid Judge For Creating Class Action By 'Decree'

    An Ohio federal judge's creation of a "negotiation class" intended to help resolve the multidistrict opioid litigation subverts state governmental authority by allowing potentially every U.S. city and county to strike global settlements with drug companies, a coalition of states told the Sixth Circuit.

  • February 18, 2020

    Homeowners' Defective Chinese Drywall Claims Go Forward

    A Louisiana federal judge refused to toss homeowners' suits in another round of litigation over allegedly defective Chinese drywall, rejecting Knauf Gips KG's arguments that the suits were filed too late.

  • February 18, 2020

    Ohio Justices Told VW Emissions Fight Not Preempted

    Ohio urged the state Supreme Court to uphold a recent decision reviving the Buckeye State's lawsuit alleging Volkswagen violated state anti-tampering laws during its diesel emissions-cheating scheme, rejecting Volkswagen's argument that federal law preempts Ohio's claims.

  • February 18, 2020

    LaCroix Drinkers Retract Claims Over 'Natural' Label

    Illinois consumers on Tuesday agreed to drop a proposed class action and later retracted their claims that the maker of the wildly popular LaCroix sparkling water wrongly advertised its drinks are “100% Natural” despite adding synthetic compounds used in insecticides and cancer treatments.

  • February 18, 2020

    2nd Circ. Questions Future Of Exxon Climate Speech Fight

    A Second Circuit panel on Tuesday appeared reluctant to revive ExxonMobil Corp.'s constitutional challenges to climate change investigations pursued by attorneys general from New York and Massachusetts.

  • February 18, 2020

    Ill. Consumers Say Walgreens Sold Toxic Blood Pressure Drug

    Walgreens failed to tell its customers it was selling a toxic drug to treat high blood pressure before the U.S. Food and Drug Administration found known and suspected carcinogens in the product and recalled it nationwide, a proposed class of Illinois consumers has claimed.

  • February 18, 2020

    Ex-NFLer Says New Tests Not Needed In Pain Pump Case

    A former player for the New England Patriots is telling a Nevada court to reject Stryker Corp.'s request that he undergo neurological and psychological evaluations in his suit alleging the company's pain pumps destroyed his shoulder, saying the exams are unnecessary and the company already has all the information it needs.

  • February 18, 2020

    Tobacco Cos. Hit With $24M Punitive Damages In Engle Case

    A Florida jury on Tuesday tacked on $24 million in punitive damages to the $2.75 million won by the children of a longtime smoker who died of lung cancer, rejecting Philip Morris and R.J. Reynolds’ arguments that they had turned over a new leaf in how they marketed and sold cigarettes.

  • February 18, 2020

    Pyrex Buyers Want To Ditch Exploding Dishes Suit

    Consumers alleging they bought defective Pyrex dishes prone to exploding are seeking to voluntarily dismiss remaining individual state law claims against Corelle Brands LLC after an Illinois federal judge granted the kitchenware company's bid to strike national class allegations in September.

  • February 18, 2020

    Defective Subaru Windshield Class Gains More Drivers  

    A proposed class action accusing Subaru of selling cars with spontaneously cracking windshields, failing to inform drivers of the dangerous defect and refusing to cover the replacement cost has accelerated in New Jersey with additional claimants.

  • February 18, 2020

    Nissan Settles Engine Defect Class Action

    Nissan has reached a settlement in a proposed class action alleging it concealed a dangerous engine defect, with the automaker agreeing to extend hundreds of thousands of car owners' warranties and cover the cost of previous repairs.

  • February 16, 2020

    Bayer, BASF Hit With $265M Verdict In First Dicamba Trial

    A federal jury awarded $15 million in compensatory damages Friday and $250 million in punitive damages Saturday in the first trial over claims that dicamba makers Bayer unit Monsanto and BASF were liable for the decimation of a large Missouri peach farm due to a neighboring cotton farm's use of the weedkiller.

  • February 14, 2020

    Boeing, Southwest Must Face Passengers' 737 Max RICO Suit

    A Texas federal judge ruled Friday that Southwest Airlines and Boeing must face a trimmed proposed racketeering class action alleging they colluded to shore up public confidence in Boeing's defective 737 Max jets to protect a long-standing relationship that prioritized profits ahead of passenger safety.

  • February 14, 2020

    Insys Execs Owe $57M To Insurers And Victims, Judge Rules

    Seven former Insys Therapeutics Inc. executives convicted of bribing doctors to prescribe opioids were ordered by a federal judge Friday to pay nearly $57 million in restitution to insurance companies and individual victims impacted by the scheme, less than one-fifth of what prosecutors sought.

  • February 14, 2020

    What Attys Should Know As Juul Battles Blaze Of Litigation

    A litigation firestorm surrounding e-cigarette colossus Juul Labs is threatening to engulf many other players in the multibillion-dollar vaping market and appears poised to test innovative theories in product liability law. Here, Law360 explains the key cases and issues that attorneys should watch.

  • February 14, 2020

    E-Biz Players Pinning Hopes On 3rd Circ. Amazon Ruling

    Digital marketplaces are hoping the full Third Circuit will rule that Amazon Inc. can’t be held liable for a defective product it didn't manufacture, a case experts say could stunt an industry undergoing exponential growth if it doesn't go in favor of the online retail giant.

Expert Analysis

  • 7 Ethics Questions To Ask Before Marketing Your Law Firm

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    While ethics rules for attorney advertising vary by state and are frequently updated, there are several basic principles that all firms should understand, says Michelle King at Reputation Ink.

  • Product Liability Defense In The Last Decade — And The Next

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    For product liability defense attorneys, the last decade saw the development of generic drug preemption and the growth of multidistrict litigation — while the decade to come promises further expansion of preemption and a growing focus on health and sustainability, say Lori Cohen and Sara Thompson of Greenberg Traurig.

  • Opinion

    Most Lawyers Do Not Understand How AI Works

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    Clearview AI's problematic attempt to defend its facial recognition and artificial intelligence technology provides a potent case study in potential pitfalls for lawyers working on AI issues, say Albert Fox Cahn and John Veiszlemlein at the Urban Justice Center's Surveillance Technology Oversight Project.

  • 4 Considerations When Moving To A New Law Firm

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    When contemplating a lateral move to a new law firm, lawyers should carefully review questions concerning firm structure, benefits, compensation and binding documents in order to identify obligations and potential red flags, say Amy Richardson and Lauren Snyder at Harris Wiltshire.

  • A Modest Plan To Streamline Civil Cases In LA Superior Court

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    The California Legislature's recent effort to simplify civil litigation is laudable, but working with the Los Angeles Superior Court to make efficient litigation stipulations mandatory, rather than voluntary, would improve the process further, say professor Gary Craig and students Jasmine Gomez and Kennedy Myers at Loyola Law School.

  • What Courts Are Saying About Litigation Finance Disclosure

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    Four recent federal court decisions concerning commercial litigation finance disclosure are largely consistent with a broader trend of rejecting or limiting discovery based on relevance and the attorney work product doctrine, say Stephanie Spangler at Norris McLaughlin and Dai Wai Chin Feman at Parabellum Capital.

  • CBD Risks Linger Despite Farm Bill, USDA Hemp Rules

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    The 2018 Farm Bill and the U.S. Department of Agriculture’s draft interim rules for federal and state hemp programs filled some crucial regulatory gaps for the hemp and CBD industries, but a lack of clear standards leaves growers, distributors and retailers still legally vulnerable, say Anita Sabine and Nancy Nan of Manatt.

  • Surefire Marketing Methods To Build Your Legal Practice

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    Attorneys who take the time and the risk to showcase their talents through speaking, writing and teaching will find that opportunities will begin building upon themselves, says Daniel Karon of Karon LLC.

  • Setting Boundaries: An Essential Skill For Lawyers

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    While lawyers may often view boundaries as a restraint on their potential or a sign of weakness, failing to establish good boundaries can have negative consequences for their health, behaviors, relationships and careers, says Jennifer Gibbs at Zelle.

  • Opinion

    PG&E’s Bankruptcy Plan Should Not Be Approved

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    The federal judge overseeing Pacific Gas and Electric Co.’s bankruptcy cannot legally approve the plan agreed to by a group of bondholders and wildfire claimants, because there is no reason to believe that the company will not incur billions of dollars in additional wildfire liabilities in the next few years, says attorney J.B. Heaton.

  • ABA Rules For Departing Attys Set Unprecedented Limits

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    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • HHS Drug Import Proposal Is Unlikely To Succeed

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    The U.S. Department of Health and Human Services' outline for allowing states to import drugs from Canada raises questions about the U.S. Food and Drug Administration's authority to implement the rule and may be an attempt to deflect blame for high drug prices to manufacturers, say attorneys at King & Spalding.

  • 5 Key Issues Raised In Most CBD Product Class Actions

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    By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

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