Product Liability

  • July 22, 2020

    No Traction In Tire Tread Defect Suit, 9th Circ. Holds

    The Ninth Circuit won't let a class of truck owners revive their suit alleging that TBC Corp. and Dynamic Tire Corp. sold defective tires, agreeing with the trial court that the class's expert failed to link his analysis to any defect.

  • July 21, 2020

    Burger King Beats Vegan's 'Impossible Whopper' Suit

    Burger King has escaped a proposed class action claiming the fast-food chain misled vegan patrons into thinking its Impossible Whoppers are meat-free, with a Florida federal judge ruling Burger King "promised a non-meat patty and delivered."

  • July 21, 2020

    Pa. Justices To Mull If Amazon Faces Seller Liability

    The Pennsylvania Supreme Court agreed on Tuesday to decide whether Amazon can face liability for defective products sold by third parties on the e-commerce giant's website, after the Third Circuit offered up the case last month.

  • July 21, 2020

    3rd Circ. Won't Punt NFL Concussion Deal Appeal To Pa.

    The Third Circuit said Monday that, for now, it will retain jurisdiction of an appeal by an NFL player who was denied his $1.5 million claim in the league's historic concussion settlement and had asserted that the matter should go back to the Pennsylvania federal judge who upheld the denial.

  • July 21, 2020

    Honda Buyers Sued Too Soon In AC Defect Case, Judge Says

    A California federal judge tossed a suit over an alleged defect in the air conditioning systems of recent model-year Honda Civics, saying the car buyers brought their proposed class action before seeing whether they could sort out the issue directly with Honda.

  • July 21, 2020

    Pa. Justices Revive Testimony Over Cancer-Pesticide Link

    The Pennsylvania Supreme Court ruled on Tuesday that a trial judge improperly barred two expert witnesses from a case against BASF, Bayer and others over potential links between pesticides and cancer after delving into the pair's ultimate conclusions as opposed to simply evaluating the methodology employed.

  • July 21, 2020

    Kellogg Buyers Seek OK Of Renewed $20M False-Ad Deal

    A group of Kellogg customers urged a California federal judge Monday to bless a renewed $20 million class settlement resolving claims the company falsely labeled sugar-loaded cereals as "healthy," after the judge found the last attempt to have troubling provisions and outright legal errors.

  • July 21, 2020

    Dicamba Makers Ask 9th Circ. To Rehear Nixed Approvals

    A Ninth Circuit panel should not have thrown out approvals for three dicamba-based herbicides, a Bayer unit said, asking for en banc rehearing and accusing the court of substituting its own opinion for the U.S. Environmental Protection Agency's consideration of the products' risks.

  • July 21, 2020

    PE Co. Says Travelers Still Dodging Coverage Of Heparin Deal

    Private equity firm ACAS LLC has told a Maryland federal judge that Travelers Property Casualty Co. of America is shirking its obligations by planning not to pay for a settlement in a wrongful death suit involving blood-thinning drug heparin.

  • July 21, 2020

    Kraft Heinz Can't Get Clear Of Crystal Light False Ad Suit

    A California federal judge won't let Kraft Heinz Co. out of a proposed class action alleging it falsely labels its Crystal Light drinks as free of artificial flavors, saying the proposed class has adequately pled that the malic acid in the drinks is both artificial and used as a flavor.

  • July 21, 2020

    Rising Star: Motley Rice's Ann E. Rice Ervin

    Ann E. Rice Ervin of Motley Rice LLC helped affected families obtain a key win in multidistrict litigation alleging GlaxoSmithKline's anti-nausea drug Zofran caused birth defects, earning her a spot among the product liability practitioners under age 40 honored as Law360 Rising Stars.

  • July 20, 2020

    CVS, Walgreens Want Out Of Blood Pressure Drug MDL

    Pharmacies including CVS and Walgreens have urged a New Jersey federal judge to drop them from multidistrict litigation alleging they misrepresented a generic high blood pressure drug, arguing that the allegations are barred by federal law and that all liability lies with the manufacturers, not the pharmacies.

  • July 20, 2020

    Sherwin-Williams Says Lead Paint Trial Was Tainted By Errors

    Sherwin-Williams Co. has attacked a judge's "persistent misapplication" of legal standards in a $6 million lead paint trial that was the first test for 150 similar cases, saying that if the Seventh Circuit won't make the company the outright winner, the appeals court should at least replace the judge for a new trial.

  • July 20, 2020

    Opioid Judge 'Concerned' About Amerisource Hiding Docs

    An Ohio federal judge on Monday ordered AmerisourceBergen Drug Corp. to reevaluate why it hasn't produced key documents in opioid multidistrict litigation, saying Monday that he is "concerned" by new omissions and frequent changes in privilege designations. 

  • July 20, 2020

    Blood Testing Device Co. Notches Win In Rival's False Ad Suit

    Blood testing device maker Magnolia Medical Technologies Inc. scored a win on Monday in a suit by a rival alleging Magnolia falsely advertised its device as effective and approved by the U.S. Food and Drug Administration, with a California federal judge finding that its advertising claims are largely supported by medical studies.

  • July 20, 2020

    Monsanto Loses Cancer Liability Fight In 1st Roundup Appeal

    A California appellate court on Monday affirmed a jury's finding that Monsanto Co. is liable for a former school groundskeeper's cancer in the first case to go to trial over Roundup's alleged links to cancer, but reduced the total award from $78 million to $20.6 million.

  • July 20, 2020

    Ghirardelli Beats Retooled Chocolate-Free White Chips Suit

    Ghirardelli Chocolate Co. dodged a second attempt at a lawsuit in California federal court alleging the sweets maker tricked consumers into thinking its cocoa-free white baking chips actually contained chocolate, with the judge saying the candy buyers undercut their own case by introducing a new consumer survey.

  • July 20, 2020

    Taylor Tries To Dodge $43M Bill For Oil Spill Cleanup Costs

    Taylor Energy Co. LLC said the U.S. Coast Guard has no right to demand $43 million from the company to cover costs related to cleaning up an undersea oil spill, which began in 2004 and has not been contained.

  • July 20, 2020

    CBD Retailer Says Trace Metal Claims Too Vague To Stand

    A CBD company has moved to dismiss a proposed class action from a consumer who claimed its products had trace amounts of metal, saying the claims are too vague and that the court can't decide this issue anyway because of forthcoming federal CBD regulations.

  • July 20, 2020

    Insurer Still On Hook To Defend Suit Against Brad Pitt Charity

    A Louisiana federal judge has granted Brad Pitt's charity's bid to toss a suit from TIG Insurance Co. seeking a declaration that it doesn't need to defend the charity in a $20 million class action over poorly constructed homes, saying that the actor and a charity executive needed to be included in the suit and that the case belongs in state court.

  • July 20, 2020

    Exxon Wants DC Climate Fraud Suit In Federal Court

    ExxonMobil Corp. on Friday removed to federal court the District of Columbia's suit accusing the company and other global oil giants of deceiving consumers about climate-change-related risks, saying the suit aims to curb fossil fuel use, not address consumer fraud.

  • July 20, 2020

    Jaguar Wants Diesel Filter Defect Suit Left In The Dust

    Jaguar Land Rover North America LLC is asking a New Jersey federal court to throw out a suit saying that it knowingly sold vehicles with a defective diesel filter, saying the proposed class action's "potpourri" of allegations are speculation that don't support the claims.

  • July 20, 2020

    Rising Star: King & Spalding's Shaila Rahman Diwan

    Shaila Rahman Diwan of King & Spalding LLP has scored multiple trial victories for Johnson & Johnson in cases alleging the company's talcum powder causes mesothelioma, earning her a spot among the product liability law practitioners under age 40 honored as Law360 Rising Stars.

  • July 17, 2020

    Tribes Say Feds Can't Dodge 'Bad Men' Opioids Suit

    The Cheyenne and Arapaho Tribes of western Oklahoma have said the federal government's attempt to duck claims for harms stemming from drugmakers' prescription opioids amounts to a blatant rejection of the country's treaty obligations.

  • July 17, 2020

    3M Can't Get Unredacted Info From DOD In Earplug MDL

    A Florida magistrate judge on Friday denied a bid by 3M Co. to get full, unredacted medical records for three bellwether plaintiffs in multidistrict litigation over alleged health complications tied to the use of its Combat Arms earplugs, saying the records on their mental health aren't relevant to the "garden variety" claims of emotional distress.

Expert Analysis

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 'The Government Said I Could' As A Defense During COVID-19

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    Pursuant to long-recognized due process principles, litigants should be entitled to reasonably rely on governmental directives related to COVID-19, and, in appropriate cases, assert it as complete defense to civil liability, say attorneys at Butler Snow.

  • Caremark Precedent Should Inform Boards' COVID-19 Duties

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    Directors of Delaware corporation boards should consider the responsibilities established in Caremark as a framework for getting sufficiently involved in COVID-19 decision-making, both to help their corporations navigate this difficult period and to defend against potential duty to monitor claims, say attorneys at Boies Schiller.

  • The EPA's Action Plan On PFAS, One Year Later

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    While little progress has been made in the year since the U.S. Environmental Protection Agency announced its action plan on per- and polyfluoroalkyl substances, stakeholders should anticipate how their interests and liabilities will shift when PFAS are designated as hazardous substances, say attorneys at Kelley Drye.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • And Now A Word From The Panel: Pandemic MDLs

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    While it is too soon to know whether the Judicial Panel on Multidistrict Litigation will receive any petitions related to the COVID-19 pandemic, there are lessons to be learned from looking back at the panel's experience with MDLs in the aftermath of past outbreaks, says Alan Rothman at Sidley.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • In GE, Supreme Court Extends Reach Of Int'l Arbitration In US

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    The U.S. Supreme Court’s decision this week in GE Energy v. Outokumpu Stainless broadens the reach of international arbitration as a viable dispute resolution mechanism under U.S. law, but leaves unanswered a number of important questions regarding the application of the nonsignatory doctrine, say attorneys at Paul Hastings.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • Studying The Post-Pandemic Juror By Generation

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    A close look at the life experiences unique to baby boomers, Generation X, millennials and others can offer valuable insight into how the pandemic could shape jurors' opinions in very different ways depending on their birth cohort, say trial consultants at JuryScope.

  • How NJ Talc Case May Shift NY Courts On Expert Testimony

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    A New Jersey federal court's recent decision in litigation over Johnson & Johnson talc products may help push state courts in neighboring New York further toward using the Daubert evidentiary standard — giving courts a more active gatekeeping role over expert testimony, say attorneys at Darger Errante.

  • A New Cost-Effective Approach To Class Action Discovery

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    Courts have traditionally bifurcated discovery into class and merits stages, but businesses facing class actions should consider arguing for a single discovery period covering all issues, say Cole Geddy and Brian Jackson at McGuireWoods.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

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