Product Liability

  • July 25, 2017

    VW Exec To Plead Guilty In Emissions Cover-Up Case

    A Volkswagen AG executive accused of aiding in a conspiracy to cover up a diesel emissions cheating scandal is set to enter a guilty plea before a Michigan federal judge next month, according to a Tuesday court order.

  • July 25, 2017

    2nd Circ. Affirms NBC's Win In 'Bomb' Defamation Dispute

    A Second Circuit panel Tuesday said NBCUniversal News Group did not defame the makers of an exploding target in a segment on the "Today" show, agreeing with a New York federal judge’s ruling that the characterization of the target as a “bomb” is accurate because it is meant to explode.

  • July 25, 2017

    Iron Workers To Spearhead Anadarko Securities Fraud Class

    A Texas federal judge Monday named the Iron Workers Benefit and Pension Fund as lead plaintiff for a putative class of investors who say Anadarko Petroleum Corp. violated federal securities laws by failing to disclose risks associated with its gas wells before a deadly explosion.

  • July 25, 2017

    Study Finds CTE In 110 Of 111 Donated Brains Of Ex-NFLers

    Researchers found chronic traumatic encephalopathy in 87 percent of brains of deceased former football players — including in 110 of 111 former NFL players — donated for scientific research, according to study results published Tuesday in the Journal of the American Medical Association that researchers said shows the disorder “is a problem associated with football.”

  • July 25, 2017

    Judge Reverses J&J's Win In Philly Pelvic Mesh Mass Tort

    A Pennsylvania state court judge has overturned part of a jury verdict that gave Johnson & Johnson its first win in five pelvic mesh trials in Philadelphia, ordering the company to face damages from allegations that an implant was defectively designed.

  • July 25, 2017

    Objectors To Nissan Transmission Deal Say They Will Appeal

    Two objectors to a deal worth at least $37 million resolving claims against Nissan North America Inc. over defective transmissions told a Florida federal judge Monday that they will appeal his final approval of the settlement, which they say provides little or no benefit to affected consumers.

  • July 25, 2017

    Insurer Says Pea Recall Coverage Battle Belongs In NY

    Insurer Berkley Assurance Co. escalated a forum fight with policyholder National Frozen Foods Corp. on Monday in litigation over coverage for a $3.5 million pea recall, saying National started the fight in Washington state knowing that their contract demands that it play out in New York.

  • July 24, 2017

    Asbestos In Power Plant Valves Gave Man Cancer, Jury Told

    Counsel for a man with mesothelioma told a South Carolina jury during opening statements on Monday that the man got his terminal illness from the thousands of asbestos-containing valves in the power plants where he worked, saying the valve-makers must be held responsible.

  • July 24, 2017

    Fla. Smoker's Family Gets New Trial Against Philip Morris

    A Florida appeals court ruled Monday that the family of a mortician who died of lung cancer after years of smoking Philip Morris USA Inc. cigarettes should get a new trial on noneconomic damages after a jury awarded just $300,000, far less than the $15 million requested by the family.

  • July 24, 2017

    Janssen, Bayer Must Face Third Bellwether In Xarelto MDL

    A Louisiana federal judge on Friday refused to grant Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. a quick win in a patient’s suit accusing them of not warning about the possibility of dangerous internal bleeding associated with the blood thinner Xarelto, allowing the third bellwether trial in the multidistrict litigation to move forward. 

  • July 24, 2017

    Helmet Co.'s Win Upheld In Appeal Of Bicycle Injury Verdict

    A New Jersey state appeals court on Monday refused to disturb a verdict in favor of a bicycle helmet manufacturer in a suit over claims the defective design of its product contributed to a bicyclist's quadriplegic injuries, saying the trial court properly issued certain evidentiary decisions and other rulings.

  • July 24, 2017

    Flood Board Asks High Court To Revive Coastal Damage Suit

    A Louisiana flood protection board has asked the U.S. Supreme Court to revive the agency's multibillion-dollar suit alleging that the oil and gas drilling activities of 80 energy companies, including BP PLC, Exxon Mobil Corp. and Chevron Corp., have damaged the state’s coastal ecosystems.

  • July 24, 2017

    Mesh Cases Against Boston Scientific Withdrawn From Philly

    Three non-Pennsylvania residents pursuing pelvic mesh injury claims against Boston Scientific Corp. in the state agreed on Friday to withdraw their lawsuits in the wake of a pair of U.S. Supreme Court rulings restricting the ability of state courts to retain jurisdiction over non-residents.

  • July 24, 2017

    Chevron Pays $1M Fine, $20M In Upgrades Over Refinery Fire

    Chevron Corp. agreed to pay a $1 million fine and to make about $20 million worth of safety improvements at a Richmond, California, refinery, settling a long-running dispute with Golden State safety regulators over penalties levied following a 2012 fire, regulators said Monday.

  • July 24, 2017

    Aussie Agency Probing Takata Recall After Driver's Death

    An Australian consumer authority on Monday said that it is looking into a recall of Takata Corp. air bags, after police said last week that a faulty Takata air bag under recall is likely what caused a man’s death in a car crash, the first death in Australia tied to the air bags.

  • July 24, 2017

    NHL Can Keep Experts In Concussion Class Cert. Fight

    A Minnesota federal judge refused Monday to exclude expert testimony the National Hockey League used to bolster its bid to defeat class certification in multidistrict litigation alleging the league hid the dangerous effects of concussions, finding that requiring the NHL to revise the opinions would be too burdensome.

  • July 24, 2017

    FDA Staff Flags Lack Of Data On Abuse Potential For Opioid

    The U.S. Food and Drug Administration on Monday said that Canadian drugmaker Intellipharmaceutics International Inc. didn't include data on the likelihood that its long-acting opioid painkiller could be abused in its application to market the drug in the United States.

  • July 24, 2017

    Sierra Club Says Georgia Power Coal Ash Plans Violate CWA

    The Sierra Club sent Georgia Power Co. a notice of intent to sue Monday, arguing that the company's plans for dealing with coal ash at several of its power plants violate the Clean Water Act because it did not obtain the proper National Pollutant Discharge Elimination System permits.

  • July 24, 2017

    German Automakers Face European Antitrust Probes

    European and German antitrust authorities are investigating allegations that German automakers Volkswagen AG, Daimler AG and BMW AG colluded for decades on vehicle specifications and technology, the European Commission confirmed Monday.

  • July 24, 2017

    Coca-Cola Hits Back At Cert. Bid In Artificial Flavor MDL

    Coca-Cola Co. urged a California federal judge Friday not to certify classes of consumers in multidistrict litigation that alleges it misleads people about the presence of preservatives and artificial flavors in Coke products, arguing that there is no ongoing risk to consumers as they are now fully aware of all ingredients in Coke. 

Expert Analysis

  • Shift In CPSC Leadership Means More Changes To Come

    Erin Bosman

    At the midpoint of 2017, a look back at the U.S. Consumer Product Safety Commission’s activity under the Trump administration shows changes in recalls and penalties relative to previous years, new focal points for safety initiatives and enforcement and a key development from the White House that could affect the CPSC’s regulatory approach in the future, say attorneys with Morrison & Foerster LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, It's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Enforcing Arbitration Clauses In Product Packaging

    Abby Sacunas

    Two recent U.S. Supreme Court decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product packaging. Under certain states’ laws, such clauses may be enforceable — so long as reasonable notice is provided, along with notice that failure to return the product constitutes assent, says Abby Sacunas of Cozen O'Connor.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.