Product Liability

  • February 03, 2020

    Hess Tells Court Schlumberger's Faulty Valves Cost It $218M

    Kicking off a bench trial Monday, Hess Corp. told a Texas federal judge that Schlumberger Technology Corp. owes it $218 million for what Hess spent to retrieve and replace four allegedly faulty safety valves from deepwater wells in the Gulf of Mexico.

  • February 03, 2020

    King & Spalding Grabs Orrick's Tort Trial Team in NY

    King & Spalding LLP has bolstered its pharmaceutical and health care mass tort practice with the addition of a four-partner group from Orrick Herrington & Sutcliffe LLP in New York.

  • February 03, 2020

    Bayer Gets Boost As It Preps For Roundup Showdown In Calif.

    As Bayer works behind the scenes to settle thousands of cases alleging its weedkiller Roundup causes cancer, a California judge's refusal to require multiplaintiff trials in the state's consolidated litigation will slow plaintiffs' path to the courtroom and make reaching a deal more appealing.  

  • February 03, 2020

    Calif. Judge Gives Defective Headphone Deal Final Nod

    A California federal judge on Friday granted final approval of a settlement that gives $50 payments to class members who bought allegedly defective Plantronics headphones, after the deal was shot down in June.

  • February 03, 2020

    Hotel Owner Sues Insurer For $20M Over Burst Boiler Pipe

    A Wyndham Garden hotel owner has sued its property insurance company in Louisiana federal court for about $20 million, saying the insurer is responsible for paying for extensive damage from a boiler pipe explosion but has refused for years to cover the claim.

  • February 03, 2020

    Purell Sued For Claiming Hand Sanitizer Prevents Flu, Ebola

    The maker of Purell made claims that its hand sanitizers can prevent diseases such as the Ebola virus and the flu despite a lack of scientific evidence backing up those assertions, according to lawsuits filed across the country.

  • February 03, 2020

    Allergan Investors Seek Class Cert. In Implant Stock Drop Suit

    Investors in pharmaceutical company Allergan are seeking certification for a shareholder class in their action, which alleges the company downplayed the connection between the company’s breast implants and a form of cancer.

  • January 31, 2020

    Climate Suit Backers Say 9th Circ. Ruling Is Irrelevant

    The Ninth Circuit's recent ruling that only the federal executive and legislative branches can tackle climate change policy does not apply to state and local government suits seeking to hold fossil fuel companies liable for climate-related infrastructure damages, an attorney for the government plaintiffs said Friday.

  • January 31, 2020

    Cura Partners Fined In Oregon For Mislabeling Pot Products

    Cura Partners Inc. has agreed to pay a $110,000 penalty to Oregon regulators to settle an investigation into claims it falsely labeled thousands of its Select brand marijuana vaping products, clearing a hurdle in its forthcoming acquisition by Curaleaf Holdings Inc.

  • January 31, 2020

    J&J Says Buyers' "Misunderstanding" Can't Sustain Suit

    Johnson & Johnson Consumer Inc. urged a California federal court on Friday to toss, for the last time, a suit alleging that its baby products misled customers about containing irritants, saying the suit is based not on a misrepresentation by the company, but an unreasonable misunderstanding on the plaintiffs' part.

  • January 31, 2020

    Beyond Meat Investor Sues Over Legal Row With Ex-Supplier

    Beyond Meat and its top brass made false statements about the company's decision to terminate supplier Don Lee Farms and failed to disclose that employees fudged a food safety report, causing its stock to drop when the information came out, an investor alleged in a putative securities class action filed Thursday.

  • January 31, 2020

    Calif. Roundup Trial Paused At 11th Hour For Global Deal Talks

    A California judge on Friday excused 16 empaneled jurors expected to hear the latest trial over claims that Monsanto's Roundup causes cancer, after the parties agreed to an eleventh-hour delay to avoid disrupting settlement talks in litigation involving tens of thousands of similar claims.

  • January 31, 2020

    Pringles-Buying Chef Can’t Get Redo On False Ad Class Cert.

    A New York federal judge on Friday ruled that a chef suing Kellogg Co. for allegedly lying about artificial flavors used in Pringles potato chips can’t get a reconsideration on his failed bid for class certification, saying his argument got things “backwards.”

  • January 31, 2020

    Meet The Attorneys Taking On Juul In The MDL

    The top attorneys facing off against troubled e-cigarette maker Juul over allegations that it marketed its products to teens and minimized the risks of nicotine addiction include a former marine biologist and an ex-public defender.

  • January 31, 2020

    Senate Panel Wants Probe Of FAA Hawaii Misconduct Claims

    A Senate panel has pushed for a federal investigation into whistleblower allegations that lax oversight by the Federal Aviation Administration’s Hawaii district office allowed local helicopter tour operators involved in two deadly crashes last year to shortcut safety.

  • January 31, 2020

    Most Claims Chopped In Apple IPhone Audio Defect Suit

    A California federal judge has dismissed most of the claims in a suit alleging that Apple Inc. knowingly sold its iPhone 7 devices with an audio defect, finding the proposed class failed to support its fraud claims with allegations of where and how they were misled.

  • January 30, 2020

    Burger King Says Impossible Whopper Isn't Billed As Vegan

    Burger King urged a Florida federal court Thursday to toss a proposed class action by a vegan customer who claims the fast food chain ripped him off by cooking the plant-based patty of his Impossible Whopper on the same grill as traditional patties, covering it with meat byproducts.

  • January 30, 2020

    9th Circ. Ruling Puts Climate Suits In Fed Court, Chevron Says

    A lawyer for Chevron Corp. says the Ninth Circuit's recent ruling that only the executive and legislative branches can tackle climate change policy makes clear that the climate torts fossil fuel companies currently face are a federal matter, not a state one.

  • January 30, 2020

    LA Building Fire That Injured 14 Was Preventable, Tenants Say

    A fire that blazed through two floors of a Los Angeles high-rise apartment building Wednesday should never have happened, according to a proposed class action filed Thursday in California state court that accuses the building's owners of failing to make basic fire prevention improvements.

  • January 30, 2020

    BNY Mellon Beats Residents' Lead Paint Claims

    A Maryland appeals court ruled Wednesday that Bank of New York Mellon isn’t liable as the trustee of a Baltimore property for the lead paint poisoning of two people who lived there as children, saying the people hadn’t shown the bank had an active role in maintaining the property.

  • January 30, 2020

    Texas Explosion Suit Shifts To State Court For Possible MDL

    Texas residents who claim their homes were damaged in the wake of two explosions at a Texas chemical plant have dropped a federal suit but their attorneys say they plan to pursue the claims in state court, where TPC has requested similar cases be centralized into multidistrict litigation.

  • January 30, 2020

    NY Bar Committee Advises Broad Approach To Cannabis Law

    The New York State Bar Association’s cannabis committee in a report released Thursday urged Albany lawmakers to avoid the path of high-tax states like California as they push to legalize marijuana this year, offering policy recommendations on issues that complicated the effort last time around.

  • January 30, 2020

    Altria Wipes Another $4.1B From Value Of Juul Stake

    Tobacco giant Altria on Thursday again wrote down the value of its stake in private equity-backed Juul Labs, this time slashing $4.1 billion from its worth and reworking the deal terms amid a rising sea of litigation plaguing the e-cigarette startup. 

  • January 30, 2020

    J&J Owes $344M For False Mesh Marketing, Calif. Judge Says

    Johnson & Johnson subsidiary Ethicon Inc. misled consumers about the true risks of its pelvic mesh products and must pay nearly $344 million in civil penalties, a California judge ruled on Thursday following a bench trial in the trailblazing suit brought by California’s attorney general.

  • January 30, 2020

    Opioid MDL's Pharmacy Bellwether Trial Nudged To November

    The Ohio federal judge overseeing multidistrict opioid litigation has moved back to November an eagerly awaited bellwether trial targeting the nation's largest pharmacy chains, a top plaintiffs' attorney in the MDL said Thursday.

Expert Analysis

  • Urban Air Mobility Needs Policy Support To Achieve Liftoff

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    Urban air mobility — an on-demand air transportation service in metropolitan airspace — needs a sympathetic regulatory framework in which the emerging technology can develop, says James Jordan of Holman Fenwick.

  • Perspectives

    Book Review: Who's To Blame For The Broken Legal System?

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    The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

  • State Net

    How States' 2020 Policy Agendas Are Taking Shape

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    State legislators are already hammering out their agendas for 2020, with data privacy and security, the gig economy, drug prices and Medicaid expansion likely to be central to next year's state legislative battles, says Rich Ehisen of State Net Capitol Journal.

  • Removing Reopeners May Speed Up Superfund Settlements

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    Reopener provisions in natural resource damages settlements under the federal Superfund law are meant to protect the public from post-settlement discoveries, but by undermining the corporate desire for finality in managing liabilities, they make settlements harder to reach, say Amanda Halter and Ashleigh Acevedo of Pillsbury.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • Engaging With International Carcinogen Evaluations

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    Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer's list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

  • Kellogg's Deal Highlights Sugar Focus In Label Class Actions

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    A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

  • Wis. PFAS Proposals Present Challenges For Businesses

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    Businesses with a presence in Wisconsin should be aware of the state's proposals for regulating per- and polyfluoroalkyl substances — in particular, its plans to set extremely low allowable levels of PFAS in drinking water, say George Marek and Lauren Harpke of Quarles & Brady.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Opinion

    Flavored Vape Ban In Wash. Won't Alleviate Lung Illness Crisis

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    The Washington state cannabis industry has to abide by emergency rules passed in response to a very real health crisis, but there is no evidence, nor have there even been claims, of a connection between flavored cannabis vapor products and the outbreak of lung illnesses, says Samuel Mendez of Lane Powell.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Teaching Witnesses To Avoid Cross-Examination Traps

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    It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.

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