Product Liability

  • June 11, 2021

    Insurer Needn't Help Cover $20M Award From Akorn Meds Suit

    An Illinois federal judge ruled Friday that Ironshore Specialty Insurance Co. doesn't have to cover any part of a $20 million judgment against drugmaker Akorn Inc. over an adverse effect from one of its medications, finding that punitive damages stemming from the company's negligence aren't covered.

  • June 11, 2021

    Tenn. Appeals Court Won't Halt Endo's $2.4B Opioid Trial

    A Tennessee appellate court on Friday refused to stay lower court proceedings, including a trial set for July 26, that will determine whether Endo Pharmaceuticals should pay $2.4 billion in damages after being found liable by default in an opioid case.

  • June 11, 2021

    3rd Circ. Cuts Oral Arguments On Player's Settlement Denial

    A Third Circuit panel abruptly called off oral arguments set for later this month in an appeal by a former National Football League player demanding more transparency on whether his initially approved concussion settlement payout was ultimately denied because of the controversial use of "race-norming" to assess payout claims.

  • June 11, 2021

    Cannabis Bill Roundup: Conn. Pot Bill Gets Special Session

    Connecticut lawmakers will hold a special session on June 16 to debate a marijuana legalization bill and Louisiana legislators sent a bill expanding the state's medical marijuana program to the governor's desk. Here are some of the major moves in cannabis reform from the past week.

  • June 11, 2021

    Meet The Judge Overseeing The 1st Opioid Jury Trial

    Jerry Garguilo, the son of a family of bakers, fantasized about being a judge since his law school days at Duquesne University in Pennsylvania, although it was a dream he never voiced aloud.

  • June 11, 2021

    Hyundai Hit With Class Action Over Genesis 'Defects'

    A Maryland driver has filed a proposed class action against Hyundai in federal court claiming that the Genesis GV-80 shakes uncontrollably and veers off the road at speeds above 40 mph.

  • June 11, 2021

    NJ Judge OKs Subaru Windshield Deal, Wary On Counsel Fee

    A New Jersey federal judge on Friday gave final approval to a settlement that would give a class of Subaru drivers extended warranties and a reimbursement program to resolve claims over crack-prone windshields, but said class counsel still needs to justify its $515,000 fee request.

  • June 11, 2021

    Insys Seeks Ch. 11 Clawback Of $10M In Ex-CEO's Legal Fees

    Drugmaker Insys Therapeutics filed suit in Delaware bankruptcy court seeking to recover more than $10 million in legal fees the company paid out to its former CEO to defend him in a criminal kickback case for which he is now serving prison time.

  • June 10, 2021

    Calif. Counties Battle Drugmakers' Bid To Nuke Opioid Trial

    Pharmaceutical companies are rehashing failed legal arguments and cherry-picking statistics in hopes of escaping a multibillion-dollar opioid crisis trial, California communities said Thursday, telling a state court judge there's "overwhelming evidence" of a drug abuse epidemic fueled by shady marketing practices.

  • June 10, 2021

    Freezer Co. Hit With $15M Verdict Over Destroyed Embryos

    A California federal jury on Thursday found freezer manufacturer Chart Industries Inc. liable for the damage to and destruction of harvested eggs and embryos stored in its defective equipment, awarding nearly $15 million to the patients affected by a 2018 cryopreservation tank implosion.

  • June 10, 2021

    EPA Proposes Collecting PFAS Manufacturing Data

    The U.S. Environmental Protection Agency on Thursday proposed a rule that would require manufacturers of per- and polyfluoroalkyl substances, or PFAS, to provide information about the amount and type of chemicals they have produced.

  • June 10, 2021

    5th Circ. Won't Revive Sanofi Chemo Hair Loss Suit

    The Fifth Circuit on Thursday said that a breast cancer survivor didn't timely file her lawsuit alleging that Sanofi's chemotherapy drug Taxotere caused her permanent hair loss, upholding a lower court's ruling tossing her suit from multidistrict litigation.

  • June 10, 2021

    VW Rips Sales Reps' 9th Circ. Bid To Save Lost Income Suit

    Volkswagen told the Ninth Circuit Wednesday that California salespeople at independent franchised dealerships are overreaching by alleging that the German automaker was a joint employer and, therefore, liable for the commissions they lost when the emissions-cheating scandal erupted in 2015.

  • June 10, 2021

    RJR Faces Punitive Damages After Verdict In Cigarette Case

    A Florida jury found R.J. Reynolds partially liable Thursday for lung disease that caused $540,000 in damages to an entrepreneur and Winstons smoker, saying the man was 70% at fault for his injuries but nevertheless sending the case to a punitive damages phase.

  • June 10, 2021

    Green Groups Split Over EPA's Request To Review Glyphosate

    Environmental groups are divided on whether the U.S. Environmental Protection Agency should get a chance to reexamine the impacts of glyphosate, the primary ingredient in Monsanto's RoundUp. 

  • June 09, 2021

    BP Unit Drops High Court Appeal Of $111M Superfund Case

    Citing the U.S Supreme Court's recent decision to revive Guam's lawsuit over pollution costs at a landfill, a BP America subsidiary Wednesday abandoned its request that the justices review a ruling that it owes a quarter of the $111 million costs for cleaning up a Montana Superfund site.

  • June 09, 2021

    11th Circ. Upholds Fee Award In Chinese Drywall MDL

    The Eleventh Circuit ruled Wednesday that court-appointed class counsel in the defective Chinese drywall multidistrict litigation could receive 45% of the total fees paid to attorneys who negotiated settlements for 497 Florida plaintiffs because their work on the common case helped lead to the individual recoveries.

  • June 09, 2021

    Elizabeth Holmes' Privilege Loss 'A Cautionary Tale,' Attys Say

    Ex-Theranos CEO Elizabeth Holmes' recent attorney-client privilege loss in a pretrial dispute over her communications with Boies Schiller Flexner LLP serves as "a cautionary tale" to corporate attorneys that the predominant legal standard disfavors executives and that it's incumbent on lawyers to make clear who their clients are, according to legal experts.

  • June 09, 2021

    Kraft Says Chemical In Mac And Cheese Permitted By FDA

    Kraft Heinz has asked an Illinois federal judge to throw out claims that it failed to tell customers its boxed macaroni and cheese could contain phthalates that could cause adverse health effects if consumed, saying federal regulators have expressly authorized use of those chemicals in food products.

  • June 09, 2021

    Exxon Seeks Pause Of Conn. Climate Suit Remand

    ExxonMobil Corp. wants a Connecticut federal court to put the brakes on its decision to remand a suit seeking climate change costs to state court, arguing the Second Circuit is likely to agree with the oil giant's appeal.

  • June 09, 2021

    Ex-VW Execs To Pay €17.8M Over Roles In Emissions Scandal

    Volkswagen AG on Wednesday announced that its supervisory board has reached an agreement with four former executives for VW and Audi to pay €17.8 million ($21.7 million), over their involvement with the diesel emissions scandal that has resulted in litigation and indictments across the auto industry.

  • June 09, 2021

    Atty Rift Over $30M From Syngenta Deal Sent To Kansas Court

    The Kansas federal judge managing the Syngenta corn litigations should have the "first chance" to sort out a lawyer spat over $30 million in fees from the case, the federal panel on multidistrict litigation said this week.

  • June 08, 2021

    MSP Recovery's Opioid Claims Consolidated With Ohio MDL

    The Judicial Panel on Multidistrict Litigation said Monday that MSP Recovery's opioid suit against CVS belongs in Ohio federal court as part of multidistrict litigation there, declining to vacate an order conditionally transferring the action.

  • June 08, 2021

    Girardi Firm Trustee Can Hire Atty To Chase Wife's Assets

    Girardi Keese's bankruptcy trustee can hire a social media-savvy lawyer who has criticized the law firm founder's estranged wife, reality television star Erika Girardi, to investigate whether she has assets belonging to the defunct practice, a California federal judge ruled from the bench Tuesday.

  • June 08, 2021

    Aleut Org. Sues Juul For Unequal Impact On Alaska Natives

    The Aleutian Pribilof Islands Association Inc. lodged anti-racketeering claims against Juul Labs in a California federal court for knowingly targeting American Indian and Alaska Native youth in its advertisements within the Aleutian Pribilof Islands.

Expert Analysis

  • Opinion

    Congress Should Step In To Solve The Opioid Crisis

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    Instead of relying on piecemeal litigation to solve the opioid crisis, Congress should utilize data to create a coordinated national solution that would distribute culpability between parties and then allocate funds to affected areas, say Peter Kelso and Kristen Knorn at Roux Associates.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • The Future Of Climate Suits After Justices' Baltimore Ruling

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    The U.S. Supreme Court's recent decision in BP v. Mayor and City Council of Baltimore left many questions about climate change litigation unresolved, but cases making their way through federal courts offer the high court more opportunities to decide whether climate suits in state courts are preempted or raise nonjusticiable political questions, says Oliver Peter Thoma at King & Spalding.

  • 5 Steps To Successful Mass Tort Management

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    When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Opinion

    Calif. Survival Damages Bill Would Cost Cos., Consumers

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    California lawmakers should reject a pending bill that would add pain and suffering, emotional distress, and other damages to punitive and economic loss awards in survival lawsuits, because it would dramatically increase costs for businesses and local governments, say Mark Behrens and Mayela Montenegro-Urch at Shook Hardy.

  • How Ad Disputes Between Cos. Fuel Consumer Class Actions

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    Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Justices' Guam Ruling May Give New Life To CERCLA Claims

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    The U.S. Supreme Court's recent ruling in Guam v. U.S. could revive Comprehensive Environmental Response, Compensation and Liability Act claims that were previously thought resolved by settlements made under non-CERCLA statutory schemes, such as state remediation laws, say Duke McCall and Meredith Compton at Morgan Lewis.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Cos. Should Review Insurance Policies For PFAS Coverage

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    The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.

  • Roundup Case Shows State Law Can Top Preemption Defense

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    The Ninth Circuit's recent refusal to recognize a federal preemption defense in Hardeman v. Monsanto, the bellwether trial of a cancer case involving the herbicide Roundup, underscores that state tort statutes may provide a better defense than preemption in some cases, say Thomas Manakides and Joseph Edmonds at Gibson Dunn.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Snapchat Case May Offer Opening For Design Defect Plaintiffs

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    The Ninth Circuit's recent ruling in Lemmon v. Snap aligns with prior Communications Decency Act cases establishing internet platforms' immunity for third-party content, but may help plaintiffs who can show how a platform's design affected users negatively, say James Rotondo and Andrew Ammirati at Day Pitney.

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