Product Liability

  • July 31, 2020

    Boeing Can't 'Jedi' Itself Out Of 737 Max Fraud Suit, Co. Says

    An Irish aircraft leasing company told an Illinois federal court that Boeing Co. can't "Jedi mind trick" the court into tossing fraud claims from its $185 million suit over undelivered 737 Max 8 planes, saying its allegations are specific enough to proceed.

  • July 31, 2020

    EPA Defends Decision Not To Regulate Perchlorate

    The U.S. Environmental Protection Agency is insisting it has the authority to reverse course and not regulate perchlorate in drinking water, asking a federal court not to enforce a previous settlement under which the EPA agreed to establish a timeline to regulate the chemical.

  • July 31, 2020

    Judge Scolds Atty For Viewing Docs From Unrelated VW Case

    A Virginia magistrate judge on Friday granted Volkswagen a protective order that bars consumers in a proposed class action against the company from accessing databases used in unrelated multidistrict litigation. 

  • July 31, 2020

    Full 9th Circ. Asked To Rethink VW Post-Sale Tampering Spat

    Volkswagen told the Ninth Circuit that auto manufacturers would have to contend with regulatory chaos and billions in pile-on penalties if the court allows two counties to sue Volkswagen for anti-tampering law violations based on post-sale updates to its vehicles' emissions controls.

  • July 30, 2020

    3 Developments As New Virus Deaths Continue Summer Spike

    Trump administration officials on Thursday sought to lift the nation's spirits with glimmers of good news about COVID-19 vaccine development and distribution as daily infection counts remained near record highs and new deaths again rose to the highest level since May.

  • July 30, 2020

    PG&E Names Old Legal Hand To Take Over As GC

    Pacific Gas and Electric Co. has appointed a former interim CEO as its new top lawyer as part of its latest management shakeup, which came about a month after the utility emerged from Chapter 11 bankruptcy and pled guilty to starting a wildfire in California that killed 84 people.

  • July 30, 2020

    Leadership Fight Emerges In Boeing 737 Investor Suits

    Law firms including Prickett Jones & Elliott PA, Friedlander & Gorris PA and Heyman Enerio Gattuso & Hirzel LLP tussled for lead counsel status Thursday in Delaware Chancery Court litigation accusing Boeing's officers of inadequate safety oversight of 737 Max 8 jets, which remain grounded after two fatal crashes.

  • July 30, 2020

    Sanofi And GSK Face DOJ Probes Over Zantac Cancer Risk

    Both Sanofi-Aventis US LLC and GlaxoSmithKline LLC are facing U.S. Department of Justice investigations over Zantac and allegations the heartburn drug causes cancer, the companies have said in a pair of U.S. Securities and Exchange Commission filings.

  • July 30, 2020

    GM Settles Drive Shaft Vibration Defect Suit

    General Motors has agreed to settle a Florida man's proposed class action that claimed the company's Chevrolet, Cadillac and GMC vehicles had defective drive shafts that caused severe, unsafe vibrations at highway speeds, the parties told a Florida federal court Wednesday.

  • July 30, 2020

    Sens. Advance Bill Allowing Suits Against China Over COVID

    The Senate Judiciary Committee voted mostly along party lines Thursday to advance a Republican bill that would let American individuals, companies and states sue China over the health and economic consequences of the coronavirus pandemic.

  • July 30, 2020

    Fiat Chrysler, Cummins Mostly Duck Truck Engine Defect Suit

    A Michigan federal judge on Thursday slashed most of a proposed racketeering class action claiming Fiat Chrysler and engine manufacturer Cummins sold Dodge Ram trucks with defective diesel engines that triggered excess emissions, but gave the consumers another shot at bolstering their claims.

  • July 30, 2020

    Mich. High Court Allows Flint Water Litigation To Proceed

    A divided Michigan Supreme Court has ruled that residents and property owners in Flint, Michigan, alleging harm by lead-tainted water can proceed with their proposed class action against former Gov. Rick Snyder, various state bodies and the city's two former emergency managers.

  • July 30, 2020

    Champion Gets Fraud Claims Trimmed In Pet Food Case

    Champion Petfoods on Wednesday won the dismissal of fraud claims in a proposed class action in Washington federal court alleging it mislabeled its pet food and hid the presence of heavy metals, saying that the company didn't have a duty to disclose "non-conforming" ingredients.

  • July 30, 2020

    CBD Labeling Class Action Settles In Mediation

    A proposed class action accusing a retailer and its parent company, PotNetwork Holdings Inc., of overstating the amount of CBD in their products has settled in mediation, according to a Thursday court filing.

  • July 30, 2020

    FDA Warns Sellers About Unapproved Hangover Remedies

    The U.S. Food and Drug Administration has sent warning letters to seven companies that sell supplements marketed as hangover cures, saying the products are drugs that have not been approved for sale by the agency.

  • July 30, 2020

    Judge Rips J&J Buyer As 'Empty Vessel' For False Ad Claims

    A California federal judge appeared open Thursday to tossing a proposed class action alleging "hypoallergenic" labels on Johnson & Johnson's baby products mislead customers about containing irritants, saying a named plaintiff is "an empty vessel" who didn't read his declaration very well and who "clearly" didn't write it.

  • July 30, 2020

    5th Circ. Says $20M Exxon Pollution Verdict Needs 2nd Look

    Environmental groups saw their $20 million judgment against Exxon Mobil Corp. for air pollution violations at a Texas facility thrown into question Wednesday as the Fifth Circuit said a district court judge must more closely examine their claims.

  • July 30, 2020

    Boeing Aims To Slash 737 Max Private Jet Contract Row

    Boeing asked a Washington federal court Wednesday to winnow a suit from buyers of two 737 Max aircraft meant for use as private jets, saying it never defrauded customers nor could it have anticipated the jets would be grounded globally after two fatal crashes.

  • July 30, 2020

    FCC Ignoring Evidence Of Wireless Tech Harms, DC Circ. Told

    The Federal Communications Commission failed to address scientists' and individuals' health concerns when it concluded its current wireless safety guidelines are still sufficient for the 5G era, two nonprofits told the D.C. Circuit on Wednesday.

  • July 30, 2020

    Juul Seeks FDA Approval To Market E-Cigarettes

    Juul Labs has submitted a premarket tobacco product application to the U.S. Food and Drug Administration, seeking approval for its e-cigarettes, more than a month ahead of the FDA's deadline for applications, the company announced Thursday.

  • July 30, 2020

    Ex-NFLers Blast Seeger Weiss For Concussion Holdback Fees

    Retired NFL players and law firms active in the historic concussion settlement are raising alarms over Seeger Weiss LLP's request to levy a 5% fee on injured players' payouts to fund its future work on the case, calling it a cynical cash grab that's unsupported by facts.

  • July 29, 2020

    Syngenta Malpractice Row Nixed After Atty Ignored Orders

    A Kansas federal judge has tossed a legal malpractice suit against firms involved in the Syngenta AG multidistrict litigation, finding the attorney who brought the claim and his farmer clients failed to comply with numerous court orders and deserved to be sanctioned.   

  • July 29, 2020

    Altria Says FTC Misunderstands Regs In Defense Of Juul Deal

    In a rebuttal to a Federal Trade Commission antitrust complaint against its $12.8 billion investment in electronic cigarette company Juul Labs Inc., tobacco manufacturer Altria Group Inc. claimed the FTC has a "fundamental misunderstanding" of the regulatory framework in which the two companies operate.

  • July 29, 2020

    Taylor Energy Says Coast Guard Can't Move $43M Spill Row

    Taylor Energy Co. LLC has said a fight with the U.S. Coast Guard over $43 million in oil spill cleanup costs belongs in Louisiana federal court and that the government is wrongly attempting to hitch the case to another pending in Washington, D.C.

  • July 29, 2020

    NJ Product Liability Law Doesn't Bar Fraud Claim

    The New Jersey Supreme Court on Wednesday ruled that the state's Products Liability Act doesn't block claims under the Consumer Fraud Act and that claims under both can coexist in the same complaint, resolving a question from the Third Circuit in a suit over a fire suppression system explosion.

Expert Analysis

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • 9th Circ.'s VW Ruling Promotes Patchwork Auto Regs

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    The Ninth Circuit's recent ruling in the Volkswagen multidistrict litigation that the Clean Air Act does not preempt state and local anti-tampering laws for post-sale vehicles raises significant concerns about patchwork regulation of vehicle maintenance, recalls and field fixes, say attorneys at Sidley.

  • Tips For Presenting A Credible Witness By Videoconference

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    With the likelihood that more and more jury trials will be held by videoconferencing in the near future, establishing four best practices now for effective, credible video trial testimony will ensure attorneys are ready when it's time for the oath, camera and action, say Christopher Green and Sara Fish at Fish & Richardson.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Calif. Ruling Will Help Cos. Fight Fraud-By-Implication Suits

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    The California Court of Appeal's recent ruling in Shaeffer v. Califia Farms — holding that a company's claims about its product did not imply false claims about other companies' products — provides an important framework that food manufacturers can use to dispose of similar cases at the pleading stage, say attorneys at Covington.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Rebuttal

    The Remote Jury Trial Is Not A Bad Idea

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    A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Why FDA's Proposed Food Standard Principles Are Important

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    Food manufacturers should carefully consider the U.S. Food and Drug Administration's proposed general principles for creating, modifying and eliminating food standards, because they may complicate branding and advertising efforts for facsimiles of well-known foods, say attorneys at Wilson Sonsini.

  • Key Defense Approaches To 'Other Similar Incident' Evidence

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    A New York state court's recent ruling in Marshall v. Port Authority of New York and New Jersey shows that, while product liability plaintiffs seek to use so-called other similar incident evidence to argue that manufacturers know their products are unsafe, defense counsel can successfully challenge such evidence, says Timothy Freeman at Tanenbaum Keale.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • 2nd Circ. Affirms High Corporate Scienter Pleading Standards

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    The Second Circuit’s recent decision in Jackson v. Abernathy provides powerful tools for defendants to argue that a securities fraud plaintiff has not adequately pled corporate scienter in the absence of particularized factual allegations, say attorneys at Cleary.

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