Product Liability

  • July 17, 2020

    Product Liability Cases To Watch In 2020: Midyear Review

    Among upcoming product liability cases in the rest of 2020 are oral arguments this fall before the U.S. Supreme Court involving jurisdiction questions in automaker Ford's challenges to a pair of defect suits, as well as an expected rise in suits related to COVID-19 claims. Here are Law360's cases to watch for the rest of the year.

  • July 17, 2020

    Unilever Can't Duck Suit Over Breyers Vanilla Ice Cream Flavor

    Unilever can't escape allegations that its advertising and marketing of Breyers Natural Vanilla Ice Cream misled consumers into thinking the ice cream contained natural vanilla flavors despite laboratory tests showing it was flavored with things other than vanilla, a California federal judge has ruled.

  • July 17, 2020

    Green Groups Doubt EPA Methylene Chloride Risk Evaluation

    Green groups teamed up with the United Steelworkers union on Thursday to challenge the U.S. Environmental Protection Agency's recently published risk evaluation for methylene chloride, saying the EPA underestimated the chemical's negative impacts.

  • July 17, 2020

    Rising Star: Beasley Allen's Joseph VanZandt

    Beasley Allen's Joseph VanZandt is the youngest attorney on the plaintiffs' steering committee in the multidistrict litigation against troubled e-cigarette maker Juul, earning him a spot among the product liability attorneys under 40 honored as Law360 Rising Stars.

  • July 16, 2020

    Purdue Asks Court To Say No To New Classes In Ch. 11 Case

    Purdue Pharma asked a New York bankruptcy judge Thursday to reject requests to allow five claims by classes of alleged opioid victims in its Chapter 11 case, saying adding new classes would be an unnecessary, last-minute complication.

  • July 16, 2020

    Ex-Blue Bell President Beats Charges In Listeria Case

    A Texas federal judge on Wednesday dismissed felony charges against the former president of Blue Bell Creameries related to allegations the ice cream maker shipped products linked to a 2015 listeriosis outbreak, after the executive argued that prosecutors never properly secured an indictment.

  • July 16, 2020

    Molson Coors Still Wants Anheuser To Stop Making Syrup Ads

    Molson Coors delivered some sobering words to rival Anheuser-Busch on Wednesday in their fight over Bud Light ads claiming some Molson Coors-produced beers are made with corn syrup, urging a Wisconsin federal court to consider a permanent injunction to prevent more ads it says are "deliberately deceiving consumers."

  • July 16, 2020

    NJ's Borgata Settles $10M Suit Over Card Game Scheme

    The Borgata Hotel Casino & Spa has settled its $10 million suit against two professional gamblers it accused of cheating at minibaccarat, according to a motion the duo filed Thursday in New Jersey federal court seeking to toss the judgment they'd started to appeal.

  • July 16, 2020

    Pfizer, Mylan Push To Pare Down EpiPen Class Action

    EpiPen manufacturer Pfizer and distributor Mylan asked a Kansas federal judge to pare down remaining claims in multidistrict litigation over the price of the emergency allergy treatment, saying EpiPen buyers failed to show how the companies conspired to delay the entry of generic competitors.

  • July 16, 2020

    11th Circ. Rejects Asbestos Claim Against Navy Suppliers

    The Eleventh Circuit found Thursday that it could review an out-of-circuit ruling concerning an Alabama man's asbestos claims against U.S. Navy suppliers that was issued by a Pennsylvania district court handling multidistrict litigation, but ultimately agreed with that court that a bid to invoke maritime law came too late.

  • July 16, 2020

    AIG Unit's Reinsurer Must Cover $7.2M Of Dole's Enviro Deal

    A New York federal judge ruled Thursday that London-based reinsurer Equitas Insurance Ltd. must cover a $7.2 million share of a $20 million payment that an AIG unit made toward Dole Food Co.'s settlement of claims over environmental pollution at a housing development in California.

  • July 16, 2020

    6th Circ. Again Refuses To Boot Judge From Opioid MDL

    The Sixth Circuit on Thursday shot down a second bid to disqualify an Ohio federal judge from overseeing the opioid multidistrict litigation after CVS Pharmacy Inc. and other national pharmacy chains accused him of blatant bias.

  • July 16, 2020

    Biggest Illinois Decisions So Far In 2020: Midyear Report

    In the first half of the year, the Seventh Circuit determined that federal courts have standing to hear claims over whether defendants violated Illinois' landmark biometric law, the Illinois Supreme Court ruled major paint manufacturers aren't required to pay for lead-related blood testing, and out-of-state plaintiffs got the boot from a product liability class. Here, Law360 takes a look at some of the biggest Illinois decisions so far in 2020.

  • July 16, 2020

    No Hacks, No Standing To Sue, Fiat Chrysler Tells 7th Circ.

    Fiat Chrysler is urging the Seventh Circuit not to revive a proposed class action alleging its vehicles are easily hacked, saying the trial court was right to dismiss the case because the consumers couldn't show that hacking was anything more than a hypothetical possibility.

  • July 16, 2020

    Alsup Orders Apple To Produce FCC IPhone Communications

    U.S. District Judge William Alsup on Thursday ordered Apple to hand over its Federal Communications Commission correspondence to consumers who allege iPhones emit dangerous levels of radiation, after asking Apple during a hearing if it was "afraid" the public would be "horrified" at the information.

  • July 16, 2020

    Mass. AG Targets Puff Bar In Latest E-Cig Suit

    The online disposable e-cigarette company Puff Bar illegally sold and delivered flavored tobacco products in Massachusetts despite a retail ban that went into effect in June, the state's attorney general has claimed in a new lawsuit.

  • July 15, 2020

    Pfizer Must Face Claims It Didn't Monitor Chantix Risks

    Pfizer Inc. must face claims that it failed to properly monitor smoking-cessation drug Chantix for potential side effects like severe muscle disorders, spasms and even death, the New York Supreme Court has ruled.

  • July 15, 2020

    Starbucks Can Use Agency Finding To Defend Prop 65 Suit

    Starbucks, Dunkin', and other coffee purveyors can use a California regulator's recent finding that chemicals in coffee don't pose a significant cancer risk to defend against allegations they violated the state's Proposition 65 cancer warning requirement, a California judge said Wednesday.

  • July 15, 2020

    Baltimore Downplaying Circuit Split In Climate Suit, Cos. Say

    Exxon Mobil Corp. and a who's who of other energy giants urged the U.S. Supreme Court on Wednesday to let a federal district court oversee Baltimore's lawsuit alleging the companies are liable for costs incurred from dealing with climate change.

  • July 15, 2020

    5th Circ. Upholds Dallas Pill Mill Operators' Sentences

    The Fifth Circuit would not let a Dallas-area doctor and his wife out of their prison sentences of 20 years and 15 years, respectively, for conspiring to distribute more than a million opioid doses in what prosecutors called a pill mill, rejecting their arguments that the clinic was legitimate.

  • July 15, 2020

    Whirlpool, Stores Keep Energy Star Washing Machine Suit Win

    A New Jersey federal judge refused to undo his dismissal of class claims that Whirlpool Corp. and home improvement stores deceptively marketed energy-efficient washing machines, ruling Wednesday that the machines were manufactured before industry standards became stricter.

  • July 15, 2020

    Calif. Coalition Demands EPA Collect More Asbestos Info

    The U.S. Environmental Protection Agency is failing to collect vital information about asbestos that could help it better understand the hazardous substance's risks and should be forced to do so, California and a coalition of states told a federal court.

  • July 15, 2020

    Fla. Appeals Court Upholds $7.25M Verdict Against RJR

    A Florida appeals court on Wednesday upheld a $7.25 million verdict for a former smoker against R.J. Reynolds Tobacco Co. in an Engle progeny suit, rejecting the cigarette maker's argument that the ex-smoker had to describe which specific advertisements misled him on the dangers of cigarettes.

  • July 15, 2020

    Wegmans Ducks Vanilla Ice Cream False Ad Suit

    A New York federal judge has thrown out claims that Wegmans Food Markets Inc.'s vanilla ice cream is falsely labeled, saying the analysis from the proposed class's expert isn't enough to prove there isn't vanilla in the products.

  • July 14, 2020

    In Their Words: Why Diversity At The Bar Is Still A Problem

    Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.

Expert Analysis

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • How Hollywood Can Inspire Courtroom Presentations

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    As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • Trial By Webcam: Tips From A Firsthand Experience

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    Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.

  • Accelerating Regulatory Reform For Replica Vehicles

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    Specialty Equipment Market Association v. National Highway Traffic Safety Administration may have sped up the agency's delayed rulemaking on replica vehicles, but companies should stay involved by submitting comments before regulations are finalized, say Anne Marie Ellis and Taylor Brown at Buchalter.

  • A Guide To Evaluating And Advertising COVID-19 Products

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    As businesses evaluate products claiming to make workplaces safer during the pandemic, or look at marketing such products themselves, they should be aware of the highly regulated world of disease prevention claims if they wish to avoid enforcement and private litigation, say attorneys at Crowell & Moring.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Human Rights Are Becoming A Compliance Issue

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    A recent commitment from the European Union's commissioner for justice to introduce rules for mandatory corporate human rights due diligence next year may signal the arrival of this issue as a global business imperative, making it as fundamental as anti-corruption diligence, say attorneys at Paul Hastings.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Maximizing Defense Advantages In Jurisdictional Discovery

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    When a court responds to a personal jurisdiction defense with a jurisdictional discovery order, defense lawyers should review what information is already public, draft clear and precise affidavits, and prepare a depository of documents that are only relevant to jurisdictional issues, say attorneys at McGuireWoods.

  • Superfund Ruling May Increase Landowners' Cleanup Liability

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    The U.S. Supreme Court's ruling in Atlantic Richfield v. Christian featured an expansive interpretation of property owners' liability for hazardous substances that come to be located on their land, and will have far-reaching implications for those whose property has been contaminated by offsite sources, say attorneys at Haynes and Boone.

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