Product Liability

  • July 29, 2020

    Court Says RJR Must Continue Fla. Tobacco Payments

    A Florida appeals court ruled Wednesday that R.J. Reynolds must continue making annual tobacco settlement payments to the state for the Winston, Kool, Salem and Maverick cigarette brands it sold to ITG Brands LLC for $7 billion.

  • July 29, 2020

    Oreo Maker Dodges Class Action Over Cocoa Labeling

    Oreo maker Mondelez Global LLC has escaped a proposed class action accusing it of misleading consumers with packaging labels saying Oreo cookies are "always made with real cocoa," as a New York federal judge has dismissed the case.

  • July 29, 2020

    J&J Can't Get Missouri Court To Reconsider $2.1B Talc Ruling

    A Missouri appeals court on Tuesday rebuffed Johnson & Johnson's request that it take a second look at its decision that affirmed a jury's finding that the company's talcum powder products gave nearly two dozen woman ovarian cancer and upheld $2.11 billion in damages from the landmark $4.7 billion verdict. 

  • July 29, 2020

    Allergan Says Proposed Class Rep Is 'Serial Litigant'

    Pharmaceutical company Allergan on Tuesday told a New York federal judge not to certify a proposed class of its investors in a stock drop suit it faces, calling the lead plaintiff a "serial litigant" and contending that the trimmed suit didn't show the company's alleged misstatements moved the needle of the company's stock price.

  • July 29, 2020

    Del. Can't Sink Subpoenas In Chicken Plant Pollution Suit

    The Delaware Supreme Court won't take an appeal by the state's Department of Natural Resources & Environmental Control seeking to quash subpoenas in a landowners' suit alleging a chicken plant contaminated their property, saying the appeal would be inefficient and disruptive to the case.

  • July 29, 2020

    Kroger Accused Of Overstating Coffee Cans' Content

    Grocery store chain Kroger was hit on Tuesday with a proposed class action in California federal court alleging that cans of its store brand coffee don't contain enough grounds to make the amount of servings advertised on the packaging.

  • July 29, 2020

    Calif. Acura Drivers Win Class Cert. For 'Infotainment' Glitch

    A California federal judge on Tuesday certified a class of drivers from the state accusing Honda of selling Acura RDX vehicles with glitchy "infotainment" systems that could freeze or crash, but drivers from other states were sent to arbitration or transferred to other districts.

  • July 28, 2020

    6th Circ. Questions Opioid Negotiation Class 'Inventiveness'

    A Sixth Circuit judge on Tuesday questioned whether a novel negotiation class aimed at resolving the opioid multidistrict litigation was needed, given that there are already mechanisms for litigating and settling class actions.

  • July 28, 2020

    9th Circ. Revives State Claims Over Prescription Pet Food

    A Ninth Circuit panel on Tuesday declined to revive federal antitrust claims from consumers targeting the marketing of prescription pet food, but it did resurrect state law claims against retailer PetSmart Inc., manufacturers including Nestle Purina Petcare Co. and others.

  • July 28, 2020

    J-M Fights 'Unjust' Civil Penalties In Bad Pipes Case

    J-M Manufacturing urged a California federal judge Monday not to impose civil penalties in a bellwether False Claims Act suit that found the company falsely represented that the pipes it sold to a group of municipalities met industry strength standards, arguing that the buyers didn't actually suffer damages.

  • July 28, 2020

    9th Circ. Revives State Claims In Honda Brake Defect Suit

    A lower court erred when it tossed a putative class of drivers' state law claims in a dispute over crashes and injuries allegedly caused by a parking brake defect in Honda Civic vehicles, the Ninth Circuit ruled Tuesday while affirming the nix of Magnuson-Moss Warranty Act claims.

  • July 28, 2020

    Hand Sanitizer Can't Kill 99.99% Of Germs, Suit Says

    A proposed class of buyers is hitting hand sanitizer maker Vi-Jon Inc. with a suit in California federal court, saying the claim that its products can kill 99.99% of germs is false as there are a number of disease-causing microbes it can't harm.

  • July 28, 2020

    DC Circ. Upholds EPA Move To List Miss. Site For Cleanup

    The D.C. Circuit on Tuesday rejected Meritor Inc.'s arguments that the U.S. Environmental Protection Agency improperly ignored mitigation measures installed at a Mississippi facility when it designated it a Superfund site. 

  • July 28, 2020

    Tesla Urges Arbitration For Most Acceleration-Defect Plaintiffs

    Tesla has asked a California federal judge to toss a majority of the named plaintiffs from a proposed class action alleging its vehicles abruptly accelerate without warning, arguing the customers signed binding arbitration agreements when they purchased their cars.

  • July 28, 2020

    Bayer Wants Shareholder Suit Separate From Roundup MDL

    Bayer is urging a California federal court not to allow pension fund claims that it downplayed the significance of litigation over the weedkiller Roundup into wider multidistrict litigation involving claims that it causes non-Hodgkin's lymphoma, saying the disputes have "no meaningful overlap."

  • July 27, 2020

    FTC Says VW Paid Consumers $9.5B In 'Clean Diesel' Scheme

    Volkswagen and Porsche made good on repaying more than $9.5 billion to vehicle buyers who were duped by the German auto giant's deceptive marketing during the "clean diesel" emissions-cheating scandal, the Federal Trade Commission said Monday.

  • July 27, 2020

    Pharma Co. Wants Testosterone Drug Investor Suit Tossed

    Pharmaceutical company Lipocine Inc. called investors' proposed class action claims "fiction," telling a Utah federal judge that allegations it hid information about a trial of a new drug are bogus since it disclosed the information a year earlier.

  • July 27, 2020

    Amazon Wants Out Of Suit Over Faulty Hoverboard Battery

    Amazon on Monday asked an Illinois federal court to throw out claims it sold a hoverboard with a faulty battery that led to a fire, saying it had nothing to do with the manufacture or sale of the product.

  • July 27, 2020

    Cura Partners Lied About THC Content In Vapes, Suit Says

    A unit of pot giant Curaleaf's vaping subsidiary Cura Partners has been hit with a proposed class action in Oregon state court alleging its vape pens contain significantly less THC than advertised, with the plaintiff seeking more than $10 million in damages.

  • July 27, 2020

    Opioid MDL Judge Won't Set Up $3B Fund For Plaintiffs' Attys

    An Ohio federal judge refused Monday to set up a $3 billion "common benefit fund" to cover fees incurred by attorneys for the plaintiffs in sprawling multidistrict opioid litigation, saying that now's not the time for a "one-size-fits-all" approach given a possible national settlement.

  • July 27, 2020

    Ford Wants Fraud Claims Out Of PowerShift MDL

    Ford Motor Co. is asking a California federal judge to throw out fraud claims from a buyer alleging the company misled him about how its DPS6 "PowerShift" works, saying the buyer's expectations about an "automatic" transmission don't match up with the common understanding of the word.

  • July 27, 2020

    US, India Punt On Tariffs Again In WTO Poultry Fight

    After both the U.S. and India requested another delay in the eight-year-old dispute over poultry tariffs, a World Trade Organization arbitration panel will not rule on the U.S.' request to impose tariffs on India until January, according to a notice circulated Monday.

  • July 27, 2020

    3M Can't Duck Earplug Suit With Gov't Contract Preemption

    A Florida federal judge has ruled that 3M Co. can't escape allegations that it sold defective earplugs by arguing its government contract preempts those claims, saying the company has failed to show the military exercised any real control over the earplugs' design.

  • July 24, 2020

    Coronavirus Q&A: Sidley Austin's FDA Group Leader

    In this edition of Coronavirus Q&A, the U.S. Food and Drug Administration's former chief counsel, who now leads Sidley Austin's FDA group, discusses the agency's pandemic-era performance, looming court clashes over legal immunity for COVID-19 products, and why the crisis could be an inflection point for the FDA approval process.

  • July 24, 2020

    Apple TV Owners Can't Revive Class Cert. Push In Calif. Court

    A California appellate court affirmed an order axing class claims from a lawsuit alleging Apple misleads consumers about Apple TV's high-definition streaming capabilities, finding that the proposed "complete refund" damages theory is invalid and that's enough to beat the claims.

Expert Analysis

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • 4 Tips For Defending Consolidated Cases

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    Consolidation of plaintiffs may be a trend we'll see more of in the aftermath of COVID-19 court closures, with added risks for those defending such cases before a jury, but running a targeted voir dire and incorporating a strong case theme could go a long way, says Christina Marinakis at Litigation Insights.

  • Justices' Superfund Ruling May Change Settlement Process

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    The U.S. Supreme Court's recent decision in Atlantic Richfield Co. v. Christian, addressing the interplay of federal and state environmental statutes, may encourage homeowners and other interested parties to get involved in the Superfund settlement process, say Ed Cohen and Tim Briscoe at Thompson Coburn.

  • A Strategy To Address Uncertainty In Life Sciences Contracts

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    Understanding how to draft diligence clauses that require parties to use commercially reasonable efforts in life sciences contracts is more important than ever before, with COVID-19 likely redefining what is reasonable, say Gregory Litt and Resa Schlossberg at Skadden.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Glyphosate Brief Exposes Calif.-Federal Chemical Regs Clash

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    An amicus brief in Hardeman v. Monsanto, a lawsuit over glyphosate, is the latest federal attack on California's authority to regulate chemicals within its borders under Proposition 65, which requires warnings of harmful chemical exposure, say attorneys at Pillsbury.

  • Opinion

    COVID-19 Insurance Disputes Need Creative Solutions

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    For businesses that need funds now to survive COVID-19's impact on the economy, litigation over insurance coverage is too slow and inconsistent, but shared responsibility for losses among policyholders, insurers and the federal government could provide alternate solutions, says John Bickerman at Bickerman Dispute Resolution.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Rebuttal

    NJ Talc Ruling Is Unlikely To Affect NY's Stance On Daubert

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    A recent Law360 guest article mistakenly argues that a New Jersey federal court's decision in the Johnson & Johnson Talcum Powder litigation will lead New York to adopt the Daubert standard on expert opinion admissibility, and misconstrues both states' views on Daubert, says Adam Slater at Mazie Slater.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

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