Product Liability

  • November 22, 2017

    Ex-Players' Riddell Helmet Safety Suit Kicked To Illinois

    A California federal judge on Tuesday transferred a putative class action alleging that sports equipment manufacturer Riddell and parent company BRG Sports Inc. lied about the protection that its helmets offered against concussions, agreeing with former college football players who argued that Illinois was the proper venue.

  • November 22, 2017

    Fla. Panel Reinstates Full $1.5M Verdict For Smoker's Widow

    A smoker's widow will receive the full $1.5 million that a jury awarded in her wrongful death suit against Philip Morris and R.J. Reynolds, as a Florida appeals court said Wednesday the tobacco companies waived rights to a comparative fault reduction by repeatedly telling jurors there would be none.

  • November 22, 2017

    No New Trial For Parents Suing Abbott Over Birth Defects

    An Ohio federal judge on Wednesday refused to grant a new trial to parents of a child born with birth defects who claimed that Abbott Laboratories Inc. didn't warn patients of the risks of its anticonvulsant drug Depakote, finding the jury wasn't given erroneous instructions.

  • November 22, 2017

    Takata Tort Claimants Say Deal Would Favor Parts Makers

    Tort claimants of bankrupt automotive airbag maker Takata objected late Tuesday to the company’s proposed restructuring support agreement, saying it envisions a plan that would pay original equipment manufacturers while leaving existing and future tort claimants to fight for recoveries with the debtor’s estate.

  • November 22, 2017

    Amerisource Cuts $625M FCA Deal Over Repacked Drugs

    Pharmaceutical giant AmerisourceBergen Corp. has struck a $625 million deal to settle the government’s False Claims Act investigation into the drug wholesaler’s practice of repackaging and selling injectable drugs, allegedly without regard to product purity, according to documents filed with U.S. securities regulators Tuesday.

  • November 22, 2017

    VW Can't Duck Suspension Defect Suit After New Claim Filed

    A Florida federal judge on Tuesday denied Volkswagen’s bid to toss a lawsuit over an alleged suspension defect in its CC sedans, finding the motion moot after the proposed class of drivers who launched the suit filed a new complaint the day before that added a number of new claims.

  • November 22, 2017

    4 Tips For Safe Meal Kit Delivery Services

    Meal kit delivery services have become popular options for consumers who want convenient, healthy food options, with one in four adult Americans saying last year that they had bought such a service, according to a recent poll. Here, Law360 takes a look at food safety and other liability concerns for this emerging industry.

  • November 21, 2017

    7-Eleven Settles Prop 65 Coffee Case, Will Post Signs

    7-Eleven Inc. will post signage alerting California consumers to the presence of a cancer-linked chemical in coffee products and pay $900,000 in penalties and costs, according to a settlement approved by a California judge on Tuesday in a Proposition 65 case that’s still ongoing against dozens of other coffee roasters and retailers.

  • November 21, 2017

    Attys On Both Sides Of Jeep Row Sanctioned By Calif. Judge

    Attorneys on both sides of a lawsuit that accuses Fiat Chrysler Automobiles of failing to honor the warranty on an allegedly faulty Jeep Grand Cherokee were sanctioned by a California federal judge Tuesday for missing court deadlines.

  • November 21, 2017

    Juice Maker Didn't Face 'Claim' Until Labeling Suit: Judge

    A Washington federal judge on Tuesday found a juice maker had given its insurer sufficient notice to be covered for a labeling suit, saying the initial statutory notice the company received was not a claim.

  • November 21, 2017

    Dialysis Patients Face Undoing By Experts In Fresenius MDL

    Attorneys for about a dozen dialysis patients argued in Boston on Tuesday that, although their own experts say otherwise, they should be allowed to seek a jury's opinion on claims that they were gravely injured on the watch of leading kidney clinician Fresenius Medical Care.

  • November 21, 2017

    Petrobras Fights Bid To Arbitrate $400M Oil Rig Defect Suit

    Brazilian oil giant Petrobras on Monday told the Fifth Circuit it doesn’t have to arbitrate a $400 million claim against Spanish manufacturer Vicinay Cadenas SA over an allegedly defective component used in an offshore oil and gas rig.

  • November 21, 2017

    FDA Warning Wire: Insomnia Drug Promo Omits Risk Info

    The U.S. Food and Drug Administration voiced concerns about promotions for an insomnia spray that left out risk information, scolded an online retailer of disposable cigarette filters for making unapproved claims, and upbraided a nutritional supplement maker for labeling claims and other issues.

  • November 21, 2017

    Fla. Hospitals Launch Wide-Ranging Opioid Liability Suit

    Two Florida hospitals on Monday sued a group of pharmacies, drug manufacturers and drug distributors for allegedly contributing to the nation’s opioid crisis by filling suspicious orders or prescriptions and downplaying the risks of the painkillers.

  • November 21, 2017

    Highway Crashes Lead National Increase In Auto Deaths

    New data released Tuesday by the National Transportation Safety Board showed that more people died in accidents last year than in 2015, with the vast majority of the incidents occurring on highways.

  • November 21, 2017

    Hyundai Fights Reconsideration Bid In Brake Defect Suit

    A New York federal court shouldn’t reconsider a late-September ruling dismissing many claims brought by a proposed class of drivers alleging a brake defect in some Hyundai Sonata sedans, the automaker’s U.S. unit said Monday, arguing that the motion is untimely, repeats rejected arguments and improperly raises new ones.

  • November 21, 2017

    Insurer Escapes Coverage In Exploding Batteries Suit

    A Washington federal judge ruled Monday that a vape shop’s liability insurer doesn’t owe the company a defense against a suit in state court over exploding batteries, saying the batteries aren’t covered under the insurance policy.

  • November 20, 2017

    Ice Cream Co. Denies Attempt To Freeze Out Legal Rival

    Ice cream maker Mister Cookie Face LLC and parent Fieldbrook Foods Corp. rebuffed a Boston federal judge's comments Monday that they appear to have perpetuated a lawsuit knowing the costly process could hobble their family-owned opponent.

  • November 20, 2017

    Chicago To Sue US Steel Over Lake Michigan Chemical Spills

    The city of Chicago on Monday issued a notice of intent to sue Pittsburgh-based U.S. Steel, which Chicago alleges polluted Lake Michigan from 27 miles across the state line at the company’s Portage, Indiana, steel plant.

  • November 20, 2017

    Fiat Chrysler Botched Recall Row Survives, Returns To Calif.

    A New York bankruptcy judge ruled Friday that Fiat Chrysler can’t ditch a putative class action claiming it's liable for allegedly botched recall repairs, but sent the matter back to California federal court, saying the issues relate to events that occurred after its bankruptcy-related purchase of Old Chrysler.

Expert Analysis

  • Amarin Case Demonstrates Limits Of ITC Jurisdiction

    Matthew Rizzolo

    Last month, the U.S. International Trade Commission declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma Inc. This decision, departing from the ITC's typical practice, provides insight into the ITC's jurisdiction and deference to sister government agencies, say Matthew Rizzolo and Vladimir Semendyai of Ropes & Gray LLP.

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Why The FDA Wants To Revoke Permission For A Health Claim

    Todd Halpern

    The U.S. Food and Drug Administration recently proposed the revocation of authorization for a health claim about the relationship between soy protein and coronary heart disease. This is the first time that the FDA has proposed such an action, and it may encourage reassessment of other authorized health claims, say attorneys with Venable LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • With Integration Pilot Program, Drones Are Ready To Fly

    Patrick Reilly

    The White House recently announced it will cull regulatory restrictions on the use of unmanned aircraft systems, and will allow state and local governments to submit proposals for drone testing. Companies interested in drones should understand how federal rules impact licensing of pilots, registration of drones and more, say Patrick Reilly and Blake Angelino of Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.