Product Liability

  • July 10, 2019

    Methane Leak Victims Can't Appeal SoCalGas Criminal Plea

    A California appeals court ruled Tuesday that victims of a methane gas leak in 2015 cannot directly appeal Southern California Gas Co.'s criminal plea in order to seek restitution for all of their losses, yet it ordered a lower court to consider restitution for the unreported first three days of the leak.

  • July 10, 2019

    Texas Judge Kicks Tribe Members' Pipeline Suit To ND

    A Texas federal judge transferred litigation alleging that an oil pipeline trespasses on Three Affiliated Tribes reservation lands, noting that another proposed class action raising similar claims is already pending in North Dakota.

  • July 10, 2019

    Senate Panel Clears FAA Chief, Rail Board Picks

    The U.S. Senate Committee on Commerce, Science and Transportation on Wednesday approved Stephen M. Dickson, a former Delta Air Lines senior vice president, to fill the long-vacant role of Federal Aviation Administration chief.

  • July 10, 2019

    Insys May Face Restitution Above $30M Penalty For Kickbacks

    A division of Insys Therapeutics Inc. will pay at least $30 million in criminal penalties and may face additional restitution payments following a sentencing hearing Wednesday after the company pled guilty in a scheme to bribe doctors to prescribe opioids to patients who didn't need them.

  • July 10, 2019

    GSK Gets 2nd Chance To Argue Preemption In Zofran MDL

    A Massachusetts federal judge on Wednesday said GlaxoSmithKline will get another chance to argue that claims its anti-nausea drug Zofran caused birth defects are federally preempted, adding he will seek guidance from the FDA after a landmark high court ruling put the preemption question in his hands.

  • July 10, 2019

    Citgo Tells High Court $100M Spill Liability Is Bad Policy

    Three Citgo units have told the U.S. Supreme Court that they should not be on the hook for a $100 million-plus oil spill judgment that resulted from a 2004 tanker crash, arguing that the refiner shouldn't have to face the exorbitant penalty for an accident that wasn't its fault.

  • July 10, 2019

    Ford Ditches Warranty Claims In Defective-Brake Suit

    A Michigan federal judge on Wednesday dismissed half the claims in a proposed class action accusing Ford Motor Co. of selling trucks with defective brakes, finding that replacing a defective part with the same part is not a breach of the company's warranty.

  • July 10, 2019

    3M Says Patient Attys' Sanctions Bid Over Docs Retaliatory

    3M Co. urged a Minnesota federal court Wednesday to deny a sanctions bid by lead attorneys representing patients in multidistrict litigation over the company's post-surgery patient warming device, saying the move amounts to retaliation against 3M’s own attempt to hold them in contempt for revealing sealed documents.

  • July 10, 2019

    E-Cig Co. Can't Undo $2M Award With Drug Use Evidence

    A Florida appeals court has affirmed a $2 million judgment against a lithium ion battery seller in an injury suit over an exploding e-cigarette, ruling that allowing evidence of the user's history of methamphetamine use would have been prejudicial at trial.

  • July 9, 2019

    Okla. Says J&J Addiction Expert Is Just A 'Book Reviewer'

    An attorney for Oklahoma on Tuesday blasted Johnson & Johnson's latest expert in the state's trailblazing trial seeking to hold the drugmaker liable for the opioid crisis, saying the witness — a neuroscientist who testified that multiple studies show opioids have a very small risk of addiction — was like a "book reviewer" recapping studies he wasn't involved in.

  • July 9, 2019

    Plaintiff Says Attys Didn't Spur Juror Letter To Roundup Judge

    A man with non-Hodgkin lymphoma pushed back against Monsanto's argument that a biased jury led to its $80 million trial loss in multidistrict litigation over claims its Roundup herbicide causes cancer, arguing that his counsel never told a juror to write a letter urging the judge to preserve the award.

  • July 9, 2019

    Passengers' Attys Draw Judge's Ire In Royal Caribbean Case

    Lawyers for passengers suing Royal Caribbean over a 2016 cruise that got caught in a hurricane-strength storm drew some harsh winds themselves from the bench during a hearing Tuesday as a result of shaky facts backing up their claims of misconduct by the cruise line in the litigation.

  • July 9, 2019

    Asus Inks Overheating Laptop Deal Worth Up To $12M

    A group of Asus customers asked a California federal judge to sign off on a combination warranty extension and credit certificate deal worth up to $11.97 million to resolve allegations the company deceptively advertised laptops with power defects that cause them to drain batteries and overheat.

  • July 9, 2019

    Whirlpool Inks Faulty-Fridge Deal Worth Estimated $21M

    Whirlpool Corp. has hammered out a deal worth an estimated $21 million that aims to resolve a proposed class action over allegedly defective refrigerators, according to filings Monday in California federal court.

  • July 9, 2019

    VW, Audi, Bosch Must Face RICO Action, Salespersons Say

    Salespersons who claim they suffered major financial losses when Volkswagen's emissions cheating scandal blew up in 2015 have urged a California federal judge to keep alive their consolidated racketeering and fraud class action, insisting Volkswagen's global settlement with consumers and regulators doesn't extinguish their claims.

  • July 9, 2019

    Can Data Solve BigLaw’s Diversity Problems?

    Even the most well-intentioned law firms can struggle to build and retain diverse teams. Those at the cutting edge are finding the answers could lie in their own internal data.

  • July 9, 2019

    12 Attorneys On How Diversity Gives Them The Edge

    Law360 asked lawyers how diverse backgrounds can be an advantage for them and their firms, and the answers poured in. Here are a dozen personal accounts of diversity at work.

  • July 9, 2019

    Pa. Justices Urged To OK Experts In Pesticide Cancer Case

    The family of a man who died of leukemia following a decadeslong career administering pesticides made by companies including BASF and Monsanto has urged the Pennsylvania Supreme Court to uphold a ruling allowing expert witnesses to use novel science to conclude the chemical exposure contributed to his cancer.

  • July 9, 2019

    GSK Says Reed Smith Widow Can't Ignore 'Final Judgment'

    GlaxoSmithKline on Monday blasted an attempt by a Reed Smith LLP partner’s widow to have an Illinois federal judge revisit her case in light of a recent Supreme Court decision, saying her “topsy-turvy” approach to getting a $3 million verdict reinstated would render the appellate process “meaningless.”

  • July 8, 2019

    J&J Loses Bid To Escape Okla.'s Opioid Megatrial

    Johnson & Johnson on Monday lost a hard-fought bid for a midtrial win in Oklahoma's landmark case over the opioid crisis, and the trial continued with a pharmacy enforcement agent called by the defense who explained that drug dispensaries are one place where opioids can find their way into the wrong hands.

  • July 8, 2019

    SEC Says VW's Actions Delayed Filing Of Emissions Suit

    The U.S. Securities and Exchange Commission on Monday told a California federal judge that Volkswagen AG was partly to blame for the lengthy time period between the revelation of the German automaker's emissions scandal and the agency's filing of its suit against the company.

  • July 8, 2019

    Va. Distillery Passing Off Whiskey As Scotch: Trade Group

    A Scotch whisky trade group hit a prominent Virginia distillery Monday with a lawsuit over its labeling, claiming it falsely characterizes a collection of its products as Scotch when they're actually blends that include American whiskey.

  • July 8, 2019

    Pet Food Co. Slams FDA's 'Unconstitutional' Salmonella Rule

    The U.S. Food and Drug Administration violated constitutional separation of powers when it issued guidance that effectively created and enforced a ban on salmonella in pet food without following federal procedural rules, according to a raw pet food manufacturer's lawsuit in Colorado federal court.

  • July 8, 2019

    BMW Lessor Seeks Trial Redo After 22-Minute Verdict

    EJH Group Inc. urged a California federal judge Friday to toss a jury verdict clearing BMW of warranty breach claims over alleged defects in a leased vehicle, saying it deserves a new trial because the evidence was clearly against BMW and the jury's extremely brief deliberations showed juror bias.

  • July 8, 2019

    How The Legal Pipeline Is Failing Black Attorneys

    Despite decades of programming and well-meaning talk about increasing diversity, African Americans still make up a lower percentage of law firm lawyers than both Latinos and Asian Americans. Here's what some attorneys are doing about it.

Expert Analysis

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • FDA Response To Cannabidiol Confusion Is Slow And Steady

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    The U.S. Food and Drug Administration's multipronged approach to assessing whether cannabidiol, commonly known as CBD, can be safely introduced into consumable products charts a path toward much-needed clarity, but the agency's upcoming hearing on the topic is unlikely to provide concrete guidance, say attorneys at Eversheds Sutherland.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Don't Let License Rules Snuff Out Your Fire Expert

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    Lawsuits involving property damage due to fire often require the retention of an expert to investigate the fire, but testimony can be excluded if the expert lacks the required licenses. Attorneys at Tucker Ellis break down the different licensing requirements for fire scene inspection in all 50 states.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • Maritime Opinion Offers Hope For 'Bare Metal' Defense

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    In Air and Liquid Systems v. DeVries, the U.S. Supreme Court recently cast doubt on the "bare metal" defense against manufacturer liability in a maritime tort context. But both the majority and dissenting opinions provide a road map to using this defense in other situations, say John Vales and Stephen Turner of Dentons.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • New Regs, New Tech Bring New Medical Device Cyber Liability

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    As medical devices manufacturers rely on other parties, like software developers and cloud storage providers, to add functionality to products, recent draft guidance on medical device cybersecurity from the U.S. Food and Drug Administration provides the contours of how product liability suits may proceed, say Raymond Williams and Megan Krebs of DLA Piper.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • Remaining CBD Hurdles For Food And Drink Manufacturers

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    Despite market interest in cannabidiol-infused food and beverages, the Alcohol and Tobacco Tax and Trade Bureau and the U.S. Food and Drug Administration have both been clear that CBD remains a prohibited ingredient — leaving tension between the 2018 Farm Bill and the FDA’s charge to assure public health, says Alva Mather of DLA Piper.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • Preparing For PFAS Scrutiny: Part 2

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    If the flurry of developments around per- and polyfluoroalkyl substances in the last six months is any indication, new regulatory proposals and new lawsuits could soon be springing up on an almost weekly basis, say William Tarantino and Megan Ault of Morrison & Foerster.

  • Preparing For PFAS Scrutiny: Part 1

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    While debate continues over the precise environmental and health effects of PFAS — or per- and polyfluoroalkyl substances — companies must be ready for heightened standards now being developed by Congress and federal agencies, say William Tarantino and Megan Ault of Morrison & Foerster.

  • How To Identify And Deal With Narcissists In Law

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    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

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