Product Liability

  • July 24, 2020

    New Federal Rule Allows LNG To Move By Rail

    Federal officials issued a rule published in the Federal Register on Friday that allows liquefied natural gas to be transported by rail in bulk to help handle the country's increased production of natural gas and to comply with President Donald Trump's order to promote energy and the economy.

  • July 24, 2020

    EPA Limits Authority To Advance Uranium Mining Rules

    The U.S. Environmental Protection Agency has announced limits on its authority to tighten regulations on uranium ore extraction, a move that environmental advocates are calling an effective renunciation of its power to take protective actions like those pursued under the Obama administration.

  • July 24, 2020

    9th Circ. Tosses $24M Verdict In Kimberly-Clark Gown Suit

    A split Ninth Circuit panel has overturned a $24 million verdict in a class action suit accusing Kimberly-Clark Corp. and its spinoff of misrepresenting the effectiveness of their hospital gowns at stopping the spread of disease, finding that the district court was wrong to certify the class.

  • July 24, 2020

    Indivior To Pay $600M To Settle Suboxone Charges

    Indivior PLC said Friday it has agreed to pay $600 million to settle charges related to its opioid treatment Suboxone, ending litigation and investigations into claims about the safety of the drug's film form that enforcers say constituted fraud and unfair competition.

  • July 24, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Hermes and other retailers hit MasterCard with an antitrust suit, a packaged baked goods maker sue BNP Paribas and two fintechs go to court. Here, Law360 looks at those and other new claims in the U.K.

  • July 23, 2020

    Vape Co. Says Rival Juicing Feud With Phony Instagram Posts

    A feud between competing vape manufacturers Puffco and KandyPens ratcheted up a notch Wednesday after Puffco sued KandyPens in Delaware federal court, claiming the company is using Instagram to falsely claim Puffco is facing a class action over flaws in their products.

  • July 23, 2020

    Wireless Industry Calls For End To Berkeley RF Exposure Law

    The wireless industry urged a California federal judge Thursday to find the city of Berkeley, California's wireless disclosure ordinance violates the First Amendment, saying the Federal Communications Commission supports the trade group's view that cellphone retailers need not warn customers about potential harm from radiofrequency emissions.

  • July 23, 2020

    BASF, Cahill Pay $73M To Settle Claims They Hid Asbestos

    BASF and its former counsel at Cahill Gordon & Reindel LLP have reached a proposed $73 million settlement over claims they concealed that industrial and commercial talc from a Vermont mine may contain asbestos, according to a motion for preliminary approval filed Thursday in New Jersey federal court.

  • July 23, 2020

    CBD Supplier Wants $10M Judgment For Contract Suit

    A CBD manufacturer has asked a Connecticut federal court for a $10.3 million prejudgment ruling in its contract suit against a pet products retailer it accused of reneging on a purchase agreement, saying its claims against the company are likely to succeed.

  • July 23, 2020

    Judge To Wait On Claim Talks Result For Purdue Class Call

    A New York bankruptcy judge Thursday agreed to adjourn a request to allow five new classes of alleged opioid victims to file claims in Purdue Pharma's Chapter 11 until after claim mediation ends, saying an agreement there would mean he wouldn't have to rule.

  • July 23, 2020

    Southwest Can't Fast-Track Appeal In 737 Max RICO Suit

    A Texas federal judge said Thursday that Southwest Airlines can't fast-track a Fifth Circuit appeal challenging whether passengers who alleged they were overcharged for flights on unsafe 737 Max jets could sue under the Racketeer Influenced and Corrupt Organizations Act.

  • July 23, 2020

    FDA Sends New CBD Guidance To White House Budget Office

    The U.S. Food and Drug Administration has submitted draft policy for regulating the CBD market to the White House for approval, signaling that long-awaited clarity for how the federal government will oversee the consumer hemp industry may be on the horizon.

  • July 23, 2020

    Carlton Fields Nabs Baker Donelson Trial Vet In Atlanta

    Carlton Fields PA has nabbed a high-stakes corporate defense trial attorney from Baker Donelson Bearman Caldwell & Berkowitz PC in Atlanta who plans to expand a team of lawyers typically called at the last minute before trial.

  • July 23, 2020

    BMW Gets Oil-Guzzling Engine Claims Sent To Arbitration

    BMW of North America LLC can arbitrate claims from two out of three named plaintiffs in a suit alleging that it sold defective, oil-guzzling engines, with a Colorado federal judge ruling that the car maker had not waived its right to arbitration by participating in the case up to this point.

  • July 23, 2020

    NY Lawmakers Vote To Ban Weed Killer On State Property

    The New York Legislature on Wednesday passed a bill banning the use of glyphosate on state property in a move that targets the active ingredient in commonly used pesticides like Roundup that have been the subject of significant litigation over alleged negative health impacts.

  • July 23, 2020

    Rising Star: Venable's Celeste Brecht

    Venable LLP partner Celeste Brecht's work on major product liability cases, including defending Merck & Co. in multidistrict litigation over the drugmaker's shingles vaccine, has earned her a spot on this year's list of product liability law practitioners under age 40 honored as Law360 Rising Stars.

  • July 22, 2020

    Conagra Looks To Spray Off 'Fat-Free' Mislabeling Suit

    Conagra Foods urged a California federal judge during a Wednesday video hearing to throw out putative class claims it deceptively labeled its cooking sprays as fat-free and calorie-free, saying a U.S. Food and Drug Administration official's letter supporting its product classification shows that the food giant didn't violate FDA regulations.

  • July 22, 2020

    Judge Wary Of Blocking Tobacco Products' Premarket Review

    A D.C. federal judge appeared conflicted Wednesday over arguments by an attorney for cigar and tobacco industry groups seeking to exclude manufacturers from the government's looming premarket application deadline for all new tobacco products, including e-cigarettes and cigars.

  • July 22, 2020

    Judge Says Asbestos Trial Would Be 'Dreadful Experience'

    A West Virginia judge has urged parties in consolidated asbestos litigation to settle so they can avoid the "dreadful experience" of participating in a live trial requiring social distancing protocol amidst the COVID-19 pandemic.

  • July 22, 2020

    9th Circ. Upholds EPA's Approval Of Weedkiller

    The Ninth Circuit on Wednesday largely upheld the U.S. Environmental Protection Agency's approval of a Corteva Agriscience weedkiller, rejecting most arguments from environmental and public health groups that said the agency didn't look closely enough at the product's risks.

  • July 22, 2020

    Special Master Rips Hagens Berman's Privilege Arguments

    A special master tasked by a Pennsylvania federal judge to find out if Hagens Berman Sobol Shapiro LLP dropped thalidomide birth defect claims against GlaxoSmithKline and others in good faith or simply to save its own skin lambasted arguments the firm made regarding potentially privileged material Wednesday.

  • July 22, 2020

    Bleichmar Fonti Can't Join Honeywell Asbestos Suit For Now

    A New Jersey federal judge has rejected Bleichmar Fonti & Auld LLP's bid to serve alongside Kahn Swick & Foti LLC as co-lead counsel in a proposed securities class action against Honeywell International Inc. over its asbestos-related liability claims, saying the firm and its client could take part in an appointment process.

  • July 22, 2020

    9th Circ. Shoots Down 3D-Printed Gun Blueprints Appeal

    The Ninth Circuit has denied an appeal by a defense contractor and a Second Amendment group looking to revive a deal with the U.S. Department of State allowing for gun blueprints for 3D printers to be published online, saying the appeal is moot in light of new regulations.

  • July 22, 2020

    Booster Seat Maker Hit With False Ad Suit Over Safety Claims

    A proposed class action in Georgia federal court is accusing Graco Children's Products Inc. of advertising its booster seats as safe for children as light as 30 pounds, despite knowing for decades that the seats don't provide adequate protection in a car accident.

  • July 22, 2020

    Rising Star: Sidley's Michelle Ramirez

    Sidley Austin LLP partner Michelle Ramirez has played a key role in recent years defending Bayer AG in litigation over its birth control device Essure, landing her a spot as one of the product liability attorneys under 40 honored as Law360 Rising Stars.

Expert Analysis

  • Opinion

    MDL Decisions Demonstrate The Need For Rule 702 Reform

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    An analysis of 27 recent cases shows that multidistrict litigation courts frequently fail to screen out unreliable expert opinion testimony — making it imperative that the Advisory Committee on Evidence Rules enact amendments to address this problem, say attorneys at Phillips Lytle and King & Spalding.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Okla. Ruling Highlights Nuances In Drafting Service Contracts

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    The Oklahoma Supreme Court's holding that an intended service contract was actually an insurance contract in Sparks v. Old Republic provides a few key takeaways for how agreements can be distinguished as warranties, service contracts or insurance, say Brian Casey and Jon Gillum at Locke Lord.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Automated Vehicle Safety Issues Present Litigation Risks

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    A recent report from the National Highway Traffic Safety Administration on safety considerations for automated vehicles raises questions about crashworthiness, test procedures and warning systems — all issues that, if unaddressed, could lead to future product liability claims, says Elizabeth Gee at Tanenbaum Keale.

  • 4 Stages Of Witness Preparation You've Likely Never Heard Of

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    Trial attorneys who have a tough time preparing witnesses, especially for cross-examination, should think about the four stages of competence and how they apply to people called upon to testify under oath, says Jeff Dougherty at Litigation IQ.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • Will Companies' COVID-19 Efforts Sway Juries?

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    Glenn Kuper and Jeffrey Jarman at Tsongas Litigation Consulting share findings from their recent study investigating the influence of pandemic-related corporate good behavior on trial outcomes.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • COVID-19 Vaccine Developers Can Limit Liability From Trials

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    Companies involved in accelerated clinical trials for COVID-19 vaccines can expect broad protection from federal legislation and can also take additional steps to shield themselves from liability, particularly to avoid claims of willful misconduct, say attorneys at King & Spalding.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Opinion

    The Remote Jury Trial Is A Bad Idea

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    The notion of holding jury trials via videoconference has been floated as a near certainty, with some jurisdictions already engaging in pilot programs, but the fundamental genius of the jury trial can only exist in a live, in-person setting, say Paula Hinton and Tom Melsheimer at Winston & Strawn.

  • COVID-19 Product Liability And The 'Innocent Seller'

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    In the event a company is unable to tap into protections under the Public Readiness and Emergency Preparedness Act, or where PREP Act immunity otherwise falls short, innocent distributor statutes could provide nonmanufacturing companies additional protection from liability, say attorneys at Crowell & Moring.

  • Why Fla. Courts Are Split On Unfairness Under Consumer Law

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    Aaron Weiss at Carlton Fields explains the history behind Florida courts’ divide over how to construe the unfairness test under the state’s Deceptive and Unfair Trade Practices Act, and what it means for lawyers, clients and judges navigating the consumer protection litigation landscape.

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