Product Liability

  • March 30, 2020

    GM Strikes $120M Deal With Drivers In Ignition Switch MDL

    General Motors told a New York federal judge late Friday that the company had reached a $120 million settlement, plus up to $34.5 million in attorney fees, with drivers who claim their cars lost value due to faulty ignition switches.

  • March 30, 2020

    Justices Won't Let Citgo Off Hook For $133M Oil Spill

    Three Citgo units are financially responsible for a $133 million oil spill in Delaware caused by a sunken anchor that was hidden beneath the water's surface at a port and pierced a tanker's hull, the U.S. Supreme Court said Monday.

  • March 27, 2020

    The Attys And Legal Logic Behind Stay-At-Home Orders

    The attorneys helping draft cities’ and states’ stay-at-home orders during the coronavirus pandemic have been tiptoeing through a legal minefield, working long hours to carve out the kind of work that should be considered “essential” and to ensure local governments aren’t overstepping their authority.

  • March 27, 2020

    Greens See Red, Attys Urge Care With New EPA Virus Policy

    The U.S. Environmental Protection Agency's decision to temporarily suspend some compliance obligations for entities affected by the coronavirus crisis was condemned by green groups as a free pass for polluters, but attorneys who work with companies say it's appropriate for the circumstances as long as clients don't stretch their interpretations too far.

  • March 27, 2020

    Monsanto Must Face San Diego Port's PCB Nuisance Claim

    A California federal judge has cleared the San Diego Unified Port District to proceed with claims that Monsanto Co. must fund the cleanup of San Diego Bay after allegedly manufacturing for decades the polychlorinated biphenyls that now contaminate it.

  • March 27, 2020

    DLA Piper Brings Ex-Paul Hastings Atty To San Francisco

    DLA Piper is boosting its Northern California litigation practice, bringing an attorney from Paul Hastings LLP with experience defending energy companies to its San Francisco office.

  • March 27, 2020

    BMW Can't Escape Md. Drivers' Oil-Guzzling Engine Suit

    A Maryland federal judge on Friday rejected a bid from BMW of North America LLC to toss a suit by several drivers alleging the company concealed a defect in certain engines that caused them to consume excessive amounts of oil.

  • March 27, 2020

    Monsanto To Pay $39M In Roundup False Ad Class Settlement

    Monsanto has settled claims in a proposed class action alleging that it falsely advertised that the active ingredient in Roundup Weed & Grass Killer only affects plants with a $39.5 million deal that includes changing the labels on its products.

  • March 27, 2020

    Intercept Beats Investor Suit Over Liver Disease Drug Deaths

    Intercept Pharmaceuticals Inc. on Thursday exited a proposed securities class action accusing it of covering up reports of fatalities and injuries caused by a liver disease drug, after a New York federal judge found the shareholders failed to prove the existence of those reports was "material."

  • March 26, 2020

    Overturned $9M Verdict Sparks Feud In Dallas Appeals Court

    When an en banc Texas appeals court denied review of a panel decision that overturned a nearly $9 million jury verdict for the family of a former Bell Helicopter worker, a war of words broke out between its justices over whether its precedent reflects a "predilection against jury verdicts."

  • March 26, 2020

    Texas Appeals Court Limits Discovery In Hyundai Injury Suit

    A trial judge let plaintiffs in a wrongful death suit against Hyundai access far too much information on Hyundai and Kia car safety systems, a Texas appeals court held, directing the judge to set reasonable limits.

  • March 26, 2020

    Coronavirus Q&A: Buchanan Ingersoll's FDA Chair

    In an interview with Law360, the co-chair of the U.S. Food and Drug Administration practice at Buchanan Ingersoll & Rooney PC shared his advice for dealing with the agency during the coronavirus crisis and discussed how FDA policies may change in the aftermath.

  • March 26, 2020

    Baker Hughes Says Docs Off Limits For German Arbitration

    Oilfield services company Baker Hughes cited a recent Delaware federal court ruling that nixed a bid to seek documents for arbitration in Europe to argue Wednesday that a German energy storage company’s similar request for discovery from Baker Hughes should be denied.

  • March 26, 2020

    Bosch Must Face Mercedes And Daimler Emissions Fraud Suit

    A New Jersey federal judge has said German auto parts giant Bosch must face allegations it developed emissions-cheating software for certain Mercedes-Benz USA LLC and Daimler AG diesel vehicles.

  • March 26, 2020

    Pandemic Won't Stop Arguments In J&J's $4.7B Talc Appeal

    Despite the coronavirus pandemic, a Missouri appeals court on Wednesday set an April date to have a limited number of attorneys appear in person for oral arguments in Johnson & Johnson’s appeal of a $4.69 billion verdict on claims that asbestos in J&J’s talcum powder caused ovarian cancer.

  • March 26, 2020

    NY AG Warns Air Purifier Sellers To Stop COVID-19 Claims

    The New York attorney general on Thursday ordered three companies that sell air purifiers to immediately stop making claims that they can prevent the spread and contraction of COVID-19, saying those representations could put consumers in jeopardy.

  • March 26, 2020

    3rd Circ. Won’t Revive Merck Vaccine Suit Over Atty Conduct

    The Third Circuit on Thursday rejected an appeal by a couple alleging that a Merck & Co. Inc. shingles vaccine caused rash and fever, saying even if their attorney had dropped the ball in pushing for discovery, it still isn’t grounds for overturning their suit’s dismissal.

  • March 26, 2020

    Convicted Insys Exec Says Forfeiture Unfair In Bear Market

    An Insys Therapeutics Inc. executive convicted for his role in a scheme to bribe doctors to prescribe opioids is asking a Massachusetts federal judge to rethink an order forcing him to forfeit $3.4 million, saying that most of his assets are in the stock market and the court should either cancel the forfeiture or give the markets time to recover from the coronavirus pandemic.

  • March 25, 2020

    NCAA Must Face Suit Over College Linebacker’s Suicide

    An Illinois federal judge refused Wednesday to toss a suit from the estate of a former linebacker for Pittsburg State University in Kansas against the NCAA over the player's 2014 suicide, finding that enough facts have been pled to allege the NCAA knew about the dangers of degenerative brain disease.

  • March 25, 2020

    Automakers' Shift To Med Supplies Comes With Legal Hazards

    Plans to retool American automakers’ idled production lines to make critical medical supplies in response to the COVID-19 outbreak carry a host of liability and intellectual property concerns. Here, Law360 examines legal obstacles that automakers must take into account as they try to ease the pandemic's burden on the government and the health care sector.

  • March 25, 2020

    PG&E Granted Approval For Updated Ch. 11 Disclosures

    A California bankruptcy judge Wednesday said he would allow PG&E Corp. to send out a supplement to its already-approved Chapter 11 plan disclosure covering recent changes made in response to objections by California Gov. Gavin Newsom.

  • March 25, 2020

    FTC Reaches Agreement With Brake Pad Co. Over Ad Claims

    Michigan-based Federal-Mogul Motorparts LLC agreed to settle a Federal Trade Commission administrative complaint Wednesday that alleged it made unsubstantiated claims about a type of aftermarket brake pad it sells, including that the product can stop certain vehicles "up to 50 feet sooner" than competing brake pads.

  • March 25, 2020

    Insurer Says No Coverage In Contaminated Melatonin Suit

    An Illinois insurance company asked a California federal court on Wednesday to find it doesn't need to cover a pharmaceutical company in a suit claiming it made melatonin pills contaminated with plastic and metal, saying the alleged product defect doesn't constitute the kind of bodily injury or property damage covered by its policy.

  • March 25, 2020

    Chevron Urges Courts To Ignore 4th Circ.'s Climate Ruling

    Chevron Corp. has said the Fourth Circuit wrongly concluded that Baltimore's lawsuit seeking to put fossil fuel companies on the hook for climate change belongs in state court and its decision should be ignored by circuit courts weighing similar suits.

  • March 25, 2020

    Spectrum Brands Escapes Mosquito Candle False Ad Suit

    A Missouri federal judge has dismissed claims against Spectrum Brands alleging its subsidiary's citronella mosquito repellent candles don't work as advertised, saying the proposed class failed to establish that the Eastern District of Missouri has jurisdiction over the company.

Expert Analysis

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • COVID-19 Raises Unique Issues For Health, Life Sciences Cos.

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    Health care and life sciences companies are in the difficult position of being unable to suspend operations amid the coronavirus crisis, and must face new patient privacy, contract obligation and federal regulation challenges, say attorneys at Debevoise.

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • Pandemic Spotlights Opportunistic Product Health Claims

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    The COVID-19 pandemic will undoubtedly bring increased scrutiny — in the regulatory, class action and business contexts — to products bearing claims of disinfectant, antiseptic and immune-boosting properties, say attorneys at Goodwin.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • And Now A Word From The Panel: Spotlight On MDL Venue

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    With travel plans on hold in this country and around the world, and changing venues being the norm of the day, it's a good time to consider the topic of venue for multidistrict litigation proceedings, says Alan Rothman at Sidley.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • Lessons From A $265 Million Dicamba Damages Award

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    Due to the publicity and size of a Missouri federal court's recent verdict in Bader Farms v. Monsanto — in which the jury awarded a peach farm $265 million after the herbicide dicamba drifted onto its crops from neighboring fields — dicamba suits are likely to increase in number, say Philip Sholtz and Paul Knobbe at Goldberg Segalla.

  • BigLaw Leaders Must Prepare For COVID-19 Economic Fallout

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    The financial impact of COVID-19 is already starting to ripple through law firms in the form of diminished demand and time entry. A few lessons from the 2008 financial crisis and some new ideas can help firm leaders navigate the storm, says Peter Zeughauser at Zeughauser Group.

  • 3 Ways Leaders Can Improve Remote Work For Lawyers

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    Remote working doesn’t work when people feel they must apologize for or hide it, and lawyers often feel that way — even in unavoidable, disaster-related scenarios like we see with the pandemic today, says David Pierce at Axiom.

  • Tips For Online Mediation In The Age Of Social Distancing

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    While mediating via an internet conferencing platform during the COVID-19 crisis, remember that visual interactions are of vital importance. A simple phrase can be transformed into a sincere inquiry, a shocked response or a sarcastic put-down depending upon how we visually convey that message, says mediator Sidney Kanazawa at ARC.

  • Ruling In HHS Case May Mean More Drug Trial Reporting

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    A New York federal court's decision last month in Seife v. U.S. Department of Health and Human Services puts sponsors of certain clinical trials for drugs and devices that have not submitted basic results to the public data bank in a difficult position, say attorneys at King & Spalding.

  • A Work-From-Home Tech Checklist For Law Firms

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    With law firms across the country implementing policies to ensure the safety of attorneys and staff and prevent the spread of coronavirus, Andrew Russell at Shaw Keller shares some tips for firms, particularly smaller firms, that may be transitioning to remote work now or in the coming days.

  • 7 Keys To Keeping Your Firm Inclusive In The Coronavirus Era

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    Many law firms are quickly adopting remote working policies during the coronavirus pandemic to keep their employees safe while providing a high level of client service, but it's also important to continue fostering diversity, equity and inclusion, says Yusuf Zakir, director of diversity and inclusion at Holland & Knight.

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