Product Liability

  • July 8, 2019

    Boeing Denies Rushed Design Claims In Ethiopian Crash Suit

    The Boeing Co. responded Monday to litigation over the Ethiopian Airlines crash that killed 157 people in March, denying claims that it rushed its 737 Max 8 aircraft to market despite known faults with its automated flight-control system.

  • July 8, 2019

    Hyundai, Kia Want Out Of Engine-Defect Suit

    Hyundai Motor Co. and Kia Motor Co. urged a Washington federal court to dismiss a proposed consumer class action accusing the carmakers of concealing dangerous engine defects, arguing that the drivers are wrongly trying to profit from recalls of different car models.

  • July 8, 2019

    Sports Nutrition Co. Wants Out Of Weight Loss Labeling Suit

    The Sports Research Corp. asked a California federal court Monday to throw out a proposed class action alleging that one of its dietary supplements won't help users lose weight as advertised, saying the buyers' suit is based on "cherry-picked" information from unrelated studies.

  • July 8, 2019

    Monsanto Points To Juror Hug As Bias In $80M Roundup Trial

    Monsanto told a California federal judge Monday that an unfair trial led to its $80 million loss in a Roundup bellwether trial, saying that a juror who recently wrote a letter urging the judge to preserve the award was seen hugging the plaintiff at a post-trial hearing.

  • July 8, 2019

    Pilots Sue Boeing Over 737 Max Jetliner Safety Issues

    Pilots hit Boeing with two proposed class actions in Illinois state court Friday that claim the company hid defects in the now-grounded 737 Max 8 jets and failed to properly advise aviators how to handle the jet's safety features in emergencies.

  • July 8, 2019

    In Their Own Words: 9 Partners On Diversity At Work

    We asked nine law firm partners with diverse backgrounds about times when their race, religion or identity unexpectedly came into play with their work. Here, in front of the camera, they share those stories.

  • July 8, 2019

    DC Circ. Blocks Kasowitz's Unreported Chemical Risk Suit

    The D.C. Circuit has shot down Kasowitz Benson Torres LLP's whistleblower lawsuit against four chemical companies, rejecting the firm's argument that the businesses' alleged failure to report certain substances' health risks can serve as the basis for a False Claims Act action.

  • July 8, 2019

    The Best Firms For Minority Equity Partners

    Attorneys of color are still hugely underrepresented in firms’ upper echelons, but Law360’s 2019 Diversity Snapshot shows that some are going above and beyond to put partners of color in their top ranks.

  • July 8, 2019

    Ex-Insys Bosses Still Aiding 8 Kickback Probes, Feds Say

    Prosecutors told a Boston federal judge on Monday that a pair of former Insys Therapeutics Inc. executives who pled guilty to a scheme to bribe doctors to prescribe opioids are still cooperating in at least eight related investigations, asking that their sentencing hearings be delayed by four months.

  • July 8, 2019

    Ford Fuel Tank Defect Suit Is A Non-Starter, 3rd Circ. Finds

    The Third Circuit decided in a precedential opinion Monday not to revive a proposed class action claiming Ford Motor Co. deliberately hid a defect in its diesel fuel tanks, finding the district court was right to retain jurisdiction on the case even after it denied class certification.

  • July 8, 2019

    BMW Hit With Class Claims Over Motorcycle Gear Displays

    BMW of North America LLC was slammed with a proposed class action Friday alleging the company placed its customers in harm's way by selling motorcycles with defective gear indicators that heightened the risk of accidents and posed other safety issues.

  • July 3, 2019

    Law360’s Diversity Snapshot By The Numbers

    U.S. law firms have been aggressively touting their efforts to advance diversity in their ranks over the past year, but Law360’s annual head count survey shows, at best, incremental progress.

  • July 3, 2019

    Diversity Efforts At Many Firms Ignore Disabled Attorneys

    Data on attorneys with disabilities is scant, but firms with robust outreach programs are discovering just how diverse their ranks are – and can be.

  • July 3, 2019

    The Best Firms For Minority Attorneys

    It’s no secret that the legal industry is one of the least diverse professions in the country. But some law firms have made notable progress. Here are the firms that are making some headway and turning longstanding diversity goals into workplace realities.

  • July 3, 2019

    Despite Progress, Firms Still Slow To Track LGBT Data

    Many law firms are hesitant to ask about attorneys’ sexual orientation, but by not giving lawyers an opportunity to share this information, diversity experts say, firms are selling themselves short.

  • July 3, 2019

    J&J Cash Can't Sway Medicine's High Priests, Surgeon Says

    A heart surgeon testifying Wednesday for Johnson & Johnson in Oklahoma's landmark opioid-crisis trial rejected the possibility that doctors could have been swayed by the company's $30 million annual marketing budget and legion of sales reps, saying that trying to influence someone as educated and independent as a doctor is like "marketing to the pope."

  • July 3, 2019

    Product Liability Cases To Watch: Midyear Review

    For the rest of 2019, product liability attorneys will be closely following Oklahoma's case alleging Johnson & Johnson fueled the opioid epidemic and the litigation Boeing is facing after two fatal crashes involving its 737 Max 8 aircraft. Here, Law360 looks at those and other cases to watch in the second half of 2019.

  • July 3, 2019

    Okla. Opioid Case 'Should End Here And Now,' J&J Says

    Johnson & Johnson is savaging Oklahoma's performance during a first-of-its-kind trial blaming the pharmaceutical giant for the opioid crisis, arguing that the state's case is breathtakingly weak and should be shut down.

  • July 3, 2019

    J&J's Kirkland Attys Are Rehashing Old Fights, Judge Told

    An attorney for a woman dying of cancer complained to a California state judge Wednesday that Kirkland & Ellis attorneys representing Johnson & Johnson in the punitive damages phase of a talcum cancer trial are rehashing old arguments that were decided months ago.

  • July 3, 2019

    9th Circ. Cancels Oil Industry Class In Pipeline Spill Suit

    The Ninth Circuit on Wednesday overturned a lower court’s decision to certify a subclass of individuals and businesses in the oil industry harmed economically by the Plains All American Pipeline LP oil spill in 2015, saying the circumstances of the class members were too varied.

  • July 3, 2019

    Amazon Must Face Dog Collar Injury Suit, 3rd Circ. Says

    Online marketplaces can be held liable for defective products made by third parties, a split Third Circuit panel ruled Wednesday, handing a precedential victory to a woman blinded in one eye by a dog collar she bought through Amazon Inc.

  • July 3, 2019

    Ford Owner Says Automaker Overstating Fuel Efficiency

    Ford Motor Co., already embroiled in a federal criminal investigation over its emissions certification process, is facing a new civil class action filed July 2 in New Jersey federal court alleging that the automaker erroneously overinflated its vehicles' miles-per-gallon fuel economy ratings to consumers since 2017.

  • July 3, 2019

    Hess Says Schlumberger Can't Duck Liability For Bad Valves

    Hess Corp. on Tuesday urged a Texas federal judge to dump Schlumberger Technology Corp.'s claim that it's shielded from liability over defective oil well valves it supplied to Hess, saying the oilfield service giant's indemnification argument “belies common sense.”

  • July 3, 2019

    Boeing Vows To Give $100M To Kin Of 737 Max Crash Victims

    Boeing has set up a $100 million fund for families and communities affected by the two fatal Lion Air and Ethiopian Airlines crashes that killed a total 346 people, prompted an unprecedented global grounding of the company’s 737 Max 8 jets and spurred still-growing litigation.

  • July 3, 2019

    Caterpillar Can't Shake Arbitration In $18M MDL Defense Row

    An Illinois state judge was right to compel arbitration in Caterpillar Inc.'s eight-year attempt to have its insurer foot the bill for $18 million it spent escaping multidistrict litigation in Ohio over welding fumes, a state appellate court ruled Tuesday.

Expert Analysis

  • Tide May Be Turning For Prop 65 Free Speech Defense

    Author Photo

    Can you be forced to slap language that you disagree with on a product that you sell, even if that language may be false or misleading — and may scare your customers? In California, the answer is yes. But recent decisions may signal a change, says Dennis Raglin of Buchalter.

  • AI Is Forcing FDA Medical Device Rules To Evolve

    Author Photo

    The U.S. Food and Drug Administration is looking to modernize its regulatory framework to keep up with the impact that adaptive artificial intelligence has had on medical devices, but the FDA has a lot of work to do to get from concepts to real regulation, say attorneys at Reed Smith.

  • Filing For Bankruptcy To Manage Opioid Suits Is No Magic Pill

    Author Photo

    Purdue Pharma, one of the prominent defendants in the pending nationwide opioid litigation, recently suggested that it is evaluating filing for bankruptcy. However, it remains unclear how effective Chapter 11 would be in protecting any particular company’s assets or limiting its exposure to this litigation, say attorneys at Cleary.

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

    Author Photo

    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

  • FDA's Risk Evaluation Guidance Brings Clarity, Not Solutions

    Author Photo

    New guidance from the U.S. Food and Drug Administration explains how the FDA determines when a drug needs a risk evaluation and mitigation strategy, but does not address any of the potential REMS abuses that Congress has shown interest in recently, say Elizabeth Crompton and Paul Dietze of Haynes and Boone.

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

    Author Photo

    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

    Author Photo

    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • Justices' Asbestos Decision Poses Fair Notice Problem

    Author Photo

    In Air & Liquid Systems Corp. v. DeVries, the U.S. Supreme Court recently ruled that manufacturers may have a duty to warn customers about other companies' products. But a duty announced a half-century after it was allegedly breached challenges fundamental notions of fairness underlying our legal system, says Mitchell Morris of Butler Snow.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

    Author Photo

    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

    Author Photo

    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Calif. Chemical Reg Changes Could Affect Many Products

    Author Photo

    Following the introduction of a bill that would significantly expand California's decade-old framework for regulating chemicals in consumer products, businesses should assess their product inventory for chemicals that may soon be regulated, and monitor the state's regulatory process, say attorneys at Arnold & Porter.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

    Author Photo

    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • Opinion

    Jury Trials Are In Decline For Good Reason

    Author Photo

    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Reverse FCA Cases Rise With 'America First' Trade Policies

    Author Photo

    Though the number of reverse False Claims Act suits alleging importers made false customs declarations will likely keep increasing given the Trump administration's protectionist policies, importers can take steps to mitigate their risks, say attorneys at Crowell & Moring.

  • When Done Right, Class Coupon Settlements Can Still Work

    Author Photo

    Recent objections by the U.S. Department of Justice and state attorneys general to coupon and in-kind settlements in consumer class actions have provided at least a tacit road map for how to design a coupon settlement that may avoid drawing governmental opposition, says Jeffrey Jacobson of Kelley Drye.

Can't find the article you're looking for? Click here to search the Product Liability archive.