Product Liability

  • March 23, 2017

    Investors Hit Meat Processing Co. Over Bribery Concealment

    Investors in Brazilian meat processing company JBS SA sued the company and its executives Wednesday in Pennsylvania federal court, alleging management concealed evidence of poor food quality and bribery of plant inspectors, leading to a stock drop.

  • March 23, 2017

    Sears Customers Seek Final OK On Grill Settlement

    Sears customers who said their grills had steel parts that failed early asked an Illinois federal judge on Wednesday to give a final blessing to a settlement that is set to provide thousands of people with a gift card of as much as $180 or with a free repair.

  • March 23, 2017

    Supplement Co. Lied About Biotin Benefits, Class Action Says

    Nature’s Bounty Inc. has been misleading consumers about the health benefits of biotin because most Americans get enough of the vitamin via their daily diets, a California woman said in a proposed class action filed Wednesday in California federal court.

  • March 23, 2017

    German Prosecutors Probe Daimler Diesel Emissions

    A German prosecutor’s office has launched a probe into whether Daimler AG employees committed fraud over the sales of its diesel cars by faking emissions documents, according to media reports on Wednesday.

  • March 23, 2017

    Tempur-Sealy Suit May Widen Insurers' Class Action Exposure

    Tempur-Sealy International recently asked the Ninth Circuit to affirm a ruling that it is entitled to defense coverage for a putative class action alleging it downplayed the harmful effects of chemicals in its mattresses, and attorneys say a decision in the company's favor could greatly expand insurers' burden to defend against class complaints seeking only economic losses.

  • March 23, 2017

    Purina's Fish Food Killed Bass, Fish Farm Says

    An Illinois fish farm filed a property damage and product liability lawsuit Wednesday against Purina Animal Nutrition LLC, claiming its fish food, marketed as safe for largemouth bass, was actually unsafe and resulted in the substantial loss of the farm’s 360,000 fish population due to liver disease and death.

  • March 23, 2017

    Almond Milk Co. Calls False Ad Suit A Wasteful Attack

    Almond milk maker WhiteWave Foods on Wednesday struck back at a consumer’s allegations that it deceptively markets its products as a healthy alternative to dairy milk, calling the California lawsuit an “attack on the entire plant-based beverage industry” and a waste of time.

  • March 23, 2017

    Condo Cos. Insurance Fight Over Bird Poop Nixed As Moot

    An Arizona federal judge Wednesday dismissed American Family Mutual Insurance Co.’s suit against a condominium association and property manager in which the insurer was hoping to escape covering a condo owner’s alleged illness stemming from bird droppings piled up near her unit, saying the insurer waived its right to drop coverage.

  • March 23, 2017

    DOL Gets OK Of $192M Black Lung Deal With Bankrupt Alpha

    A Virginia federal judge on Wednesday put the final seal of approval on a $192 million settlement between bankrupt Alpha Natural Resources Inc. and the U.S. Department of Labor for workplace safety violations that led to black lung injuries.

  • March 23, 2017

    Anapol Weiss Opposes Attys Bid For NFL Concussion Fees

    Anapol Schwartz Weiss Cohan Feldman & Smalley PC, one of the co-lead class counsel firms in the NFL concussion settlement, on Wednesday fought back against a Minnesota lawyer's contention that he was owed some of the $112.5 million fee requested from the football players' settlement for referring them clients, saying they never agreed to share these fees and that the lawyer did not do any work to benefit the entire class.

  • March 23, 2017

    Drivers Say GM Can't Exclude Valukas Report Facts In Trials

    Drivers in multidistrict litigation over GM’s alleged ignition switch defect slammed the automaker's bid to exclude from upcoming trials a set of admissions made to the National Highway Traffic Safety Administration and the key investigatory “Valukas report,” saying Wednesday that such a move would break with prior rulings and that the evidence is critically relevant.

  • March 22, 2017

    11th Circ. Affirms $2.1M Verdict In Wright Hip Implants Suit

    The Eleventh Circuit has affirmed a $2.1 million jury verdict in favor of a patient who won the first bellwether trial against Wright Medical Technology over its allegedly defective metal hip implants, supporting the trial judge's decision to order the confused jury to conduct further deliberations.

  • March 22, 2017

    U. Of Md. Medical System Survives Med Mal Appeal

    A Maryland appellate panel on Tuesday affirmed the partial dismissal of a medical malpractice suit accusing a University of Maryland Medical System Corp. hospital of failing to prevent a man’s death from heart disease, saying the trial judge’s decision was supported by the law.

  • March 22, 2017

    Ford Sued For Alleged Defect In Shelby Racetrack Mustangs

    Car enthusiasts who were expecting to be able to race like the greats in their Shelby GT350 Mustangs from Ford Motor Co. were disappointed because of a pair of defects that cause the cars to lose speed and power mid-drive, according to a proposed class action in Florida on Wednesday.

  • March 22, 2017

    Trader Joe's Wants Tuna Class Suit Canned

    Grocery store chain Trader Joe’s Co. urged a California federal judge Tuesday to dismiss a proposed consumer class action accusing it of underfilling tuna cans, arguing that the consumers’ stated claims are overshadowed by the U.S. Food and Drug Administration’s standard for what a “reasonable consumer” understands about food labeling.

  • March 22, 2017

    USDA Beefs Up Brazilian Meat Inspections Amid Bribery Probe

    The U.S. Department of Agriculture announced on Wednesday that it will put imports of Brazilian beef under increased scrutiny until the South American nation gets to the bottom of a still-developing investigation of a bribery scheme that allegedly led to the sale of expired meat.

  • March 22, 2017

    VW, Ex-Exec Seek To Scrap Investor Claims In Emissions MDL

    Volkswagen AG and the former head of its U.S. unit urged a California federal judge to dismiss partially amended claims brought by a proposed class of investors as part of the sprawling multidistrict litigation over the automaker’s diesel emissions scandal, according to separate motions filed Tuesday and Wednesday.

  • March 22, 2017

    Pharma Slams Wash. City's Suit Over Illegal OxyContin Sales

    Purdue Pharma LP on Monday urged a Washington federal court to dismiss a Washington city’s lawsuit accusing the OxyContin manufacturer of allowing opioids to get in the wrong hands and hoping to recoup the costs of fighting addiction, saying the city can't hold it responsible for preventing illegal operations that were already known to local authorities.

  • March 22, 2017

    Intelligender Hit With Penalty In Calif. False Ad Suit

    Intelligender LLC will have to pay $250,000 in penalties to California after a state court judge found the company had falsely advertised its gender prediction test as being scientific and accurate, the San Diego City Attorney said Tuesday.

  • March 22, 2017

    FDA Says 23 Sick In Soy Nut Butter E. Coli Outbreak

    The U.S. Food and Drug Administration said Wednesday that an E. coli outbreak linked to I.M. Healthy soy nut butter has sickened 23 people in nine states, doubling the number of affected consumers from earlier this month.

Expert Analysis

  • A Gorsuch Decision In Favor Of Federal Jurisdiction

    Forrest Latta

    U.S. Supreme Court nominee Neil Gorsuch's legal path has adhered closely to waypoints of originalism and conservatism in his career. But judicial conservatism and political conservatism do not always follow parallel paths. A recent example is Gorsuch’s opinion for the Tenth Circuit in Hammond v. Stamps.com, favoring federal removal jurisdiction despite concerns of federalism and state authority, says Forrest Latta of Burr & Forman LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Why Calif. May Be The New Frontier For Autonomous Vehicles

    Linda Pfatteicher

    This month, the California Department of Motor Vehicles released new draft regulations governing the testing and deployment of autonomous vehicles. California's announced commitment to advancing innovation is especially important now that states like Michigan and Florida are challenging its forerunner role in testing autonomous vehicles, say attorneys with Squire Patton Boggs LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • What Consumers Really Think About Reference Price Labels

    Joel Steckel

    Many retailers present a higher reference price, labeled with "compare at," "originally" or some other term, next to the actual selling price of an item. Now that this practice has become the subject of government scrutiny and numerous class actions, empirical research into how such reference prices are actually perceived by consumers is essential, say members of Analysis Group.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.