Product Liability

  • August 07, 2020

    Ring Can't Force Arbitration In Security Cam False Ad Suit

    A California federal judge won't let Ring LLC send to arbitration a proposed class action alleging it didn't tell consumers that optional features of its security cameras cost more, saying the buyer didn't agree to the arbitration agreement because he never used the products.

  • August 07, 2020

    Bayer, Merck Can't Be Pulled Back In Leg Amputation Suit

    A New Jersey state appellate panel will not second-guess a trial court ruling tossing claims that Bayer Healthcare LLC and former parent Merck & Co. Inc. provided inadequate warnings about Dr. Scholl's padded callus removers in a suit alleging the product led a now-deceased consumer to lose part of his leg.

  • August 06, 2020

    DEA Beats Discovery Subpoenas In Opioid MDL Bellwether

    The U.S. Drug Enforcement Administration doesn't have to respond to subpoenas by cities and drug distributors in West Virginia's opioid multidistrict litigation bellwether that sought more information about the agency's knowledge of prescription drug trafficking, a federal judge has ruled.

  • August 06, 2020

    7th Circ. Says Class Objectors Must Repay Side Deals

    Three men who made side deals to end their opposition to a class settlement were "falsely flying the class' colors" to extract money from its deal and should be ordered to return their ill-gotten funds, the Seventh Circuit said Thursday.

  • August 06, 2020

    Counsel For 52 Opt-Out VW Drivers Seek $1.5M In Atty Fees

    Lawyers for 52 Volkswagen drivers asked a California federal judge to sign off on $1.5 million in fees and expenses after they negotiated $2.3 million in settlements to avoid another round of trials involving individual consumers seeking damages from the emissions cheating scandal.

  • August 06, 2020

    Dr Pepper Nears Win In 'Natural' Applesauce False Ad Fight

    A California federal judge said Thursday she's inclined to toss a proposed class action alleging a Dr Pepper subsidiary falsely advertises its Mott's applesauce as "natural" when it contains trace levels of pesticides, saying organic products can contain pesticides and it's "highly unlikely" that the FDA would impose stricter limits.

  • August 06, 2020

    Sandy Hook Families Can't Get Into Remington Ch. 11 Yet

    An Alabama bankruptcy judge Thursday rejected a request by families of victims of the 2012 Sandy Hook Elementary School shooting for inclusion on the list of Remington Outdoor's top creditors, saying he doesn't have enough information on their claims.

  • August 06, 2020

    Pharmacies Can't Dodge Ohio Opioid MDL's 2021 Bellwether

    The Ohio federal judge overseeing opioid multidistrict litigation has refused to toss two Ohio counties' bellwether cases against pharmacies, allowing their public nuisance claims over the dispensing and distribution of opioids to move forward.

  • August 06, 2020

    Mass. Pot Shop Fined For Selling Faulty Vape Cartridges

    A medical marijuana clinic, cultivator and manufacturer has agreed to pay $120,000 after Massachusetts' cannabis regulator investigated it for selling wholesale vape cartridges that failed lab testing for ethanol levels.

  • August 06, 2020

    Ride Builder Can't Duck Six Flags Injury Suit In NJ

    A New Jersey appeals court on Thursday ruled that a ride builder can't get a suit alleging a defect injured a young girl as she was getting off a ride at Six Flags dismissed, saying even though the family's expert is inadmissible, it can still try to get a separate expert admitted.

  • August 06, 2020

    Judge Sinks Insurer's Suit Over Ship Abandoned In Brazil

    A New York federal judge on Thursday threw out claims by German insurer Great Lakes Insurance SE that the owners of a ship carrying cargo for one of its insured companies conspired to abandon it in Brazil, saying the court doesn't have maritime jurisdiction because the alleged conspiracy did not happen at sea.

  • August 06, 2020

    Insurer Sues Elevator Co. Over 84-Story Fall In Ill. Skyscraper

    Admiral Indemnity Co. has sued an elevator company seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center fell 84 floors and was shut down by the city, inhibiting customers from accessing its policyholder, the operator of a 95th-floor restaurant.

  • August 05, 2020

    Alleged Counterfeiter Seeks To Nix J&J Atty's Declarations

    An Illinois federal court should toss declarations entered by an attorney representing a Johnson & Johnson unit in litigation over purportedly counterfeit surgical devices, as the lawyer should not be allowed to serve both as a key witness and as counsel to a party in the same case, the company accused of selling the knockoff products has contended.

  • August 05, 2020

    Kraft Heinz Sued Over Maxwell House Coffee Content

    Kraft Heinz was hit with a proposed class action Tuesday in Illinois federal court alleging that its Maxwell House coffee cans overstate how many servings of coffee they contain, following a number of similar suits against other coffee companies.

  • August 05, 2020

    Tire Co. Faces Liability For Dead Immigrant's Lost Wages

    Continental Tire can be held liable for the lost earning capacity of an undocumented immigrant who died in a car accident his estate blames on a defective Continental tire, a New Mexico federal judge has ruled.

  • August 05, 2020

    Sandy Hook Families Say Remington Snubbing Them In Ch. 11

    Families of victims of the 2012 mass shooting at Sandy Hook Elementary School rebuked Remington on Wednesday for leaving them off of its Chapter 11 bankruptcy creditors list, saying that damages they are seeking in litigation should be included.

  • August 05, 2020

    Boehringer Dodges Sanctions In Florida Pradaxa Disputes

    Judges in two Florida federal courts have turned down bids to sanction Boehringer Ingelheim Pharmaceuticals Inc. over evidence it allegedly failed to preserve in suits over the anticoagulant Pradaxa, with both judges saying the company can't be sanctioned for actions taken by its predecessor.

  • August 05, 2020

    Crystal Geyser Fined $5M For Dumping Arsenic-Laced Waste

    A California federal judge on Wednesday ordered the producer of Crystal Geyser Alpine Spring Water to pay a $5 million criminal fine and sentenced the company to three years of probation for illegally storing, transporting and dumping hazardous waste it created while filtering arsenic out of its product.

  • August 05, 2020

    Utah Ends Gold King Fight After EPA Commits $360M

    Utah has agreed to settle with the U.S. Environmental Protection Agency after the federal regulator committed more than $360 million to clean up abandoned mines fouled when millions of gallons of toxic waste was accidentally released into rivers by a government contractor.  

  • August 05, 2020

    LA Oil Co. Hit With Criminal Charges Over Leaky Wells

    Los Angeles has filed a slew of criminal charges against an oil and gas company over leaks at a shuttered production site neighbors say continues to cause health issues in violation of environmental and health regulations.

  • August 05, 2020

    NM Wants Lake Closed, Blood Tests For PFAS Near Air Bases

    New Mexico has urged a federal court to force the United States Air Force to immediately begin an array of testing for toxic chemicals it has used for decades at two bases in the southwestern state.

  • August 05, 2020

    NJ Court Revives Suits Alleging J&J Talc Caused Cancer

    A New Jersey state appeals court revived a pair of suits Wednesday that allege talc products from Johnson & Johnson caused two women to develop ovarian cancer, saying the trial court judge was wrong in dismissing the women's experts' opinions.

  • August 04, 2020

    Drivers Say VW's 'Front Assist' Caused Erratic Braking

    Volkswagen was hit with a proposed consumer class action in Missouri federal court Tuesday alleging it knowingly sold vehicles with defective collision-avoidance technology that would cause the cars to abruptly brake unnecessarily or completely stall on the road.

  • August 04, 2020

    10th Circ. Backs CPSC's Zen Magnet Recall Decision

    The Tenth Circuit ruled on Tuesday that an order by the U.S. Consumer Product Safety Commission recalling Zen Magnets LLC's spherical magnets over safety concerns did not violate the company's due process rights, reversing a lower court decision to disqualify one of the commissioners as biased.

  • August 04, 2020

    NY Doc Must Face Consumer Fraud Claim In Med Mal Suit

    A New York state judge has allowed a consumer fraud claim to proceed in a suit accusing a doctor of unnecessarily prescribing a drug to a patient after being paid by the drugmaker, saying the patient adequately alleged that the doctor violated New York's deceptive trade practices act.

Expert Analysis

  • Del. Caremark Opinion Shows Shift In Deference To Boards

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    A recently denied motion to dismiss in Hughes v. Hu suggests the Delaware Chancery Court may hold directors to a higher liability standard over their duties to monitor business risk in so-called Caremark claims, especially where boards may have been shielded from critical information, says Michael Furey at Day Pitney.

  • Opinion

    Fla. Jury Selection Success Shows Viability Of Remote Trials

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    The success of a Broward County, Florida, court earlier this month in conducting jury selection online is a true testament of faith in the jury system, and there is no doubt trials can be conducted via a video platform during the pandemic, says Chief Judge Jack Tuter of Florida's 17th Judicial Circuit.

  • Virus Suit Immunity Would Likely Not Totally Shield Cos.

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    While new federal legislation limiting business liability for claims related to COVID-19 seems likely, companies should not assume that they will be granted blanket or retroactive immunity from regulatory actions or litigation by employees and customers, say Lisa Himes and Eleanor Ross at Rogers Joseph.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Opinion

    Jurors Should Get A Pay Raise

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    Federal jurors are being paid less than minimum wage, and state laws on jury pay range from inadequate down to nonexistent, so Congress should require fair compensation in both federal and state courts, says attorney R. D. Kelly.

  • Pandemic May Change The Way We Design Our Courthouses

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    With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.

  • Snap Removal Still A Good Option For Defendants — For Now

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    The Fifth Circuit recently affirmed that in some circumstances, defendants can remove a case from state to federal court before a different in-state defendant has been served, but congressional action and district court rulings could make such snap removals more difficult, say Thomas Tobin and Daniel Ridlon at Perkins Coie.

  • FTC's 'Made In USA' Rule Could Apply To Online Marketing

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    The Federal Trade Commission's recently proposed "made in USA" labeling rule could allow the commission to impose civil penalties on false U.S. origin claims made not only on product labels, but also on websites and in other electronic marketing materials, say attorneys at Kleinfeld Kaplan.

  • EPA's Pass On Perchlorate Regulation Reduces Lawsuit Risk

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    The U.S. Environmental Protection Agency's recent decision not to regulate perchlorate in drinking water likely stopped what could have been a cascade of litigation against government entities, defense contractors and others if a maximum contaminant level had been established, say Jeffrey Dintzer and Clynton Namuo at Alston & Bird.

  • Mediator Confidentiality Promises Carry Serious Risks

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    A mediation agreement that promises to keep evidence confidential could result in a legal malpractice case for the mediator, and the risk has increased in the COVID-19 era of online sessions, says mediator Jeff Kichaven.

  • Unpredictable Wisconsin PFAS Regs Are Bad For Business

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    As Wisconsin attempts to recover from the economic impact of the pandemic, uncertainties surrounding ramped-up regulatory efforts and costly cleanup of per- and poly-fluoroalkyl substances could slow real estate and business development and expansion in the state, says Delanie Breuer at Reinhart Boerner.

  • Opinion

    Dreamers Bring Important Perspective To Legal Industry

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    The U.S. Supreme Court recently ruled to preserve the Deferred Action for Childhood Arrivals program for the time being, and at this critical time in our nation's history, there are several actions that every law firm can take to increase the visibility of Dreamers, say Regina Calcaterra, Isidora Echeverria and Montserrat Lopez at Calcaterra Pollack.

  • A Big Prop 65 Victory For Chemical Industry In Monsanto Case

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    A California federal judge's recent decision in favor of Monsanto in National Association of Wheat Growers v. Becerra sets an important precedent in the Prop 65 world, deals a huge blow to the state of California, and may foreshadow future intervention by federal agencies on controversial chemicals, say Kendra Sherman and Danelle Gagliardi at Squire Patton.

  • Helping Clients Overcome Financial Hurdles Mid-Litigation

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    In perilous economic times like these, abandoning litigation in progress could be a tempting cost-cutting measure for companies, but lawyers can help clients evaluate two alternative financial arrangements to stanch the bleeding from expenditures while preserving valuable litigation assets, say Charles Agee at Westfleet Advisors and Collin Cox at Yetter Coleman.

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