Product Liability

  • April 20, 2018

    NJ Won't Join FCA Suit Over Turf Sold To Schools, Towns

    New Jersey has declined to intervene in a False Claims Act suit brought by former FieldTurf USA Inc. executives alleging that the company knowingly sold defective artificial field turf to schools and towns but concealed the defects from the consumers.

  • April 20, 2018

    Monsanto Appeal Can't Keep Herbicide Off Calif. Cancer List

    A California appeals court on Thursday refused to revive Monsanto Co.’s lawsuit challenging a state agency’s inclusion of the herbicide glyphosate on a list of carcinogens, which could require the company to put warning labels on its popular Roundup weed killing products because glyphosate is an active ingredient.

  • April 20, 2018

    Nissan Driver Drops Transmission Claims To Join Similar Suit

    A driver who accused Nissan North America Inc. in a proposed class action of selling vehicles with defective transmissions dropped his complaint in the Central District of California on Friday in favor of a suit with overlapping claims in a different jurisdiction, court documents show.

  • April 20, 2018

    NHL Teams, Insurers Renew Bid To Nix Head Injury Suit

    The New Jersey Devils and St. Louis Blues hockey teams and their insurance companies renewed their calls for a Minnesota federal court to dismiss concussion claims from former NHL “enforcer” Michael Peluso on Thursday, two months after both sides asked to put the case on hold.

  • April 20, 2018

    Oregon Tribe Sues Pharma Cos. Over Opioid Epidemic

    The Confederated Tribes of the Umatilla Indian Reservation on Thursday became the latest tribe to file a lawsuit against a host of drug distributors and pharmaceutical companies over the opioid crisis, accusing them of purposefully creating the epidemic’s conditions and accelerating them.

  • April 20, 2018

    Bayer, J&J Can't Nix Xarelto Case Midtrial, Patient Says

    A patient suing units of Bayer AG and Johnson & Johnson over the blood thinner Xarelto pushed back Thursday against the drugmakers’ midtrial motion to throw out the case, saying testimony showed his prescribing doctors would have acted differently had the label included additional warnings.

  • April 20, 2018

    Drivers Say New Nissan Sunroof Claims Pass Legal Muster

    Nissan drivers who seek damages over an alleged defect in panoramic sunroofs on some of the automaker’s vehicles asked a California federal judge on Friday to keep their case alive, saying their updated complaint meets the requirements of Illinois and Colorado consumer protection laws.

  • April 20, 2018

    Insurers' $132.5M Clawback Denial Upheld In Calif. Rail Crash

    Lloyd's of London and other insurers can’t claw back $132.5 million they spent settling claims after the deadly Chatsworth train accident, a California state appeals court has ruled, affirming a lower court’s decision that found an exclusion didn’t apply because the crash wasn’t a strictly “intentional act.”

  • April 20, 2018

    Will High Court Ever End Circuit Split Over FCA Pleading?

    The U.S. Supreme Court’s latest refusal to tackle the enduring and highly consequential circuit split over how precisely False Claims Act suits must be pled has left lawyers wondering whether justices will wade into the legal morass anytime soon.

  • April 20, 2018

    GOP State AGs Back Big Oil In Calif. Climate Suits

    Republican attorneys general from 15 states urged a California federal judge Thursday to dump Oakland's and San Francisco's suits seeking to hold oil giants liable for climate change-related infrastructure damage, accusing the Golden State municipalities of unlawfully trying to regulate national fossil fuel use through the courts.

  • April 20, 2018

    Key Safety Not Covered For Interest In AIG Dispute: 6th Circ.

    Key Safety Systems Inc., which recently purchased Takata Corp.’s assets at a bankruptcy auction, cannot force an AIG unit to pay nearly $600,000 in post-judgment interest racked up in an underlying suit over a car crash, the Sixth Circuit affirmed on Friday.

  • April 20, 2018

    Rare Southwest Engine Failure Prompts Liability Questions

    The death of a Southwest Airlines passenger following a midair engine explosion marked the first U.S. commercial airline fatality in nine years, sparking liability questions for the carrier and aircraft and parts manufacturers along with heightened scrutiny of aircraft inspection and maintenance protocols, legal experts say.

  • April 20, 2018

    Boeing Passenger Wins $1.5M Verdict In Midair Hole Trial

    A Costa Rican woman won a $1.5 million jury verdict for emotional and physical injuries she said she suffered after a harrowing 2010 flight during which a two-foot hole opened up in a Boeing plane at 32,000 feet, according to a judgment entered late Thursday in Massachusetts federal court. 

  • April 20, 2018

    FDA Offers Guidance On Making Opioid Addiction Treatments

    The U.S. Food and Drug Administration released draft guidance Friday outlining ways drug companies can develop new medications to treat opioid addiction, focusing on how companies can create modified-release drugs that are either implanted or injected.

  • April 20, 2018

    Dems Look To Shield Offshore Rules From Trump Rollback

    Eight years after the Deepwater Horizon disaster that killed 11 and sent plumes of oil spraying into the Gulf of Mexico for months, a group of Democratic senators Thursday proposed codifying two Obama-era rules aimed at tightening regulations for offshore drilling after the Trump administration moved to reconsider them.

  • April 20, 2018

    Fiat Chrysler Gets Partial Win In Faulty Engine Case

    A New York federal judge on Thursday tossed three of five claims in a proposed class action alleging Fiat Chrysler manufactured Jeep Wranglers with a faulty engine that prevents the heating and cooling systems from working properly.

  • April 19, 2018

    Ill. Panel Finds $10M Chemical Settlement Was Rushed

    A copper factory owner accused, along with other companies, of dumping hazardous chemicals into a landfill and nearby manufacturing site got part of a $10 million settlement with local residents vacated on Wednesday, with an Illinois appeals court finding that the lawyers for the residents and co-defendants had rushed certain parts of the settlement process.

  • April 19, 2018

    5 Takeaways As DEA Mulls Slashing Opioid Output

    The U.S. Drug Enforcement Administration’s plan to examine the extent to which prescription opioids are diverted for illicit purposes when setting limits on manufacturing is a belated but significant step that will compel drugmakers to more rigorously monitor suspicious sales, experts say. Here, Law360 looks at five takeaways from the proposed rule.

  • April 19, 2018

    Bayer, J&J Urge Judge To Ax Philly Xarelto Case Midtrial

    Bayer AG and Johnson & Johnson units have urged a Philadelphia judge to throw out an ongoing trial alleging the companies didn't provide an adequate warning for blood-thinner Xarelto, saying there was no evidence a stronger label would have prevented a patient who took the drug from nearly bleeding to death.

  • April 19, 2018

    Bai Fruit Drinks Sued Over 'All-Natural' Labeling

    Drinkmaker Bai Brands LLC was hit with a proposed consumer class action in California federal court Thursday, accusing the company of using misleading labels that falsely advertise its products as containing only natural ingredients even though its fruity beverages are artificially flavored.

Expert Analysis

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Aviation Trends: The Rise Of The Dreamliner

    Alan Hoffman

    The 787 Dreamliner's lithium batteries experienced multiple thermal runaway events soon after the plane went into service. But the manufacturer, the FAA, the NTSB and the airlines worked together to quickly and effectively solve the problem. Five years later, the 787 has compiled an admirable operational record, and Boeing continues to receive new orders, says Alan Hoffman, a retired attorney and private pilot.

  • Earth Day Review Of 'Green Guide' False Advertising: Round 2

    David Kluft

    Earth Day is almost here, and companies may be looking to capture some environmentally minded consumers with nifty green-themed advertising campaigns. To help sort through the Federal Trade Commission requirements for environmental marketing, David Kluft of Foley Hoag LLP assesses recent disputes involving the agency's “Green Guides” in his second annual review.

  • Don't Misunderstand The Prop 65 Coffee Ruling

    Erika Schulz

    Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Missouri Talc Decision Could Signal Mass Tort Sea Change

    Corey Schaecher

    The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • How CPSC Late Reporting Penalty Trends Are Evolving

    Eric Rubel

    Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Food Advertising: Don’t Wing It, Or You Will Face The Heat

    Steven Steinborn

    Companies can’t always take preemptive action to avoid every potential false advertising lawsuit. But a New York federal court's recent decision in Borenkoff v. Buffalo Wild Wings demonstrates that effective marketing and minimizing risk are entirely compatible objectives, say attorneys with Hogan Lovells.