Product Liability

  • April 12, 2021

    JPML Asked To Consolidate, Pick Venue For Paraquat Suits

    Two of the plaintiffs among those who have filed at least 14 federal lawsuits accusing Syngenta and Chevron of selling the herbicide paraquat despite knowing it causes Parkinson's disease have asked the Judicial Panel on Multidistrict Litigation to consolidate the cases for pretrial proceedings.

  • April 12, 2021

    False Ad Suit Against Stem Cell Clinic Back In Ga. State Court

    A Georgia federal judge on Monday returned to state court a lawsuit alleging false representations by a stem cell clinic, saying there wasn't a federal statute in question in the case brought by the Georgia attorney general.

  • April 12, 2021

    Volkswagen Liable For Lost Wages, Workers Tell 9th Circ.

    Volkswagen salespeople told the Ninth Circuit that the automaker is liable for wage violations at California franchises because it controlled their pay and ability to work, contrary to a lower court ruling saying the company is not a joint employer with the dealerships.

  • April 12, 2021

    Del. Chicken Plant Inks $205M Deal To End Pollution Suits

    Mountaire Farms reached a $205 million agreement with Delaware residents to end allegations that its chicken plant contaminated properties and groundwater, saying Monday the deal will set up a compensation fund for residents and upgrade the company's facilities.

  • April 12, 2021

    Chubb Unit Says Reinsurer Owes For Asbestos Coverage

    RLI Insurance Co. owes a Chubb unit more than $800,000 for reinsurance billings tied to a settlement over coverage for asbestos-related personal injury claims lodged against auto parts manufacturer Echlin Inc., according to a suit filed in Pennsylvania state court.

  • April 12, 2021

    Energy Giants Cite 2nd Circ. In Bid To Sink DC Climate Suit

    Chevron Corp. and other energy giants on Friday told a D.C. federal court that it shouldn't remand the District of Columbia's lawsuit seeking climate change-related infrastructure damages in light of the Second Circuit's decision affirming the dismissal of New York City's similar suit.

  • April 12, 2021

    No New Trial For Golf Course Worker Run Over By Tractor

    A Pennsylvania appeals court on Monday refused to grant a new trial to a golf course worker who alleged defects in a tractor's design resulted in it running him over, rejecting his argument that the trial court wrongly blocked his proposed jury instructions and certain claims.

  • April 12, 2021

    Travelers Gets Sanctions Lifted In Caterpillar Discovery Fight

    An Illinois appellate court has vacated a contempt and sanctions order against a Travelers unit for failing to produce certain unredacted documents in an insurance dispute over coverage of a $46 million settlement in a lawsuit against Caterpillar Inc.

  • April 12, 2021

    Whole Foods' Flavored Sparkling Water Lacks Fruit, Suit Says

    Whole Foods' sparkling water bottles are splashed with a photo of fruit, but the product misleads customers because it doesn't actually contain an appreciable amount of lemons and raspberries, according to a proposed class action filed in New York federal court.

  • April 12, 2021

    NJ Justices Won't Step Into 3rd Circ. Pelvic Mesh Fee Row

    The New Jersey Supreme Court has turned down the Third Circuit's request to weigh in on whether a Garden State rule capping contingent fees should apply to a proposed class action over allegedly excessive attorney fees awarded in Texas in pelvic mesh litigation against Johnson & Johnson and its Ethicon unit.

  • April 12, 2021

    Bayer Sued Over Flea And Tick Collars Tied To Pet Deaths

    Bayer Healthcare LLC has been hit with a proposed class suit in Florida accusing the pharmaceutical company of knowingly making and selling a flea and tick collar for pets that has led to death and injury in animals without warning consumers of the potential dangers.

  • April 12, 2021

    Bang Energy Drink Maker Avoids Sanctions In False Ad Suit

    A Florida federal judge on Monday denied a dietary supplement developer's bid for sanctions in a false advertising suit against the manufacturer of Bang energy drinks, saying she saw no bad faith in missed deposition appearances but cautioning the parties to work on maintaining professionalism.

  • April 12, 2021

    Release Too Broad For Honda 'Infotainment' Settlement

    A California federal judge has denied preliminary approval to a settlement aimed at resolving claims that the touch screen systems in American Honda Motor Co. Inc. vehicles are defective, saying the deal's release clause would block claims not related to the complaint.

  • April 09, 2021

    Insurer Seeks Quick Win Over Vape Device Battery Seller

    A Nationwide Mutual Insurance Co. affiliate urged a Utah federal judge on Thursday to hand the insurer a quick win in a dispute accusing the insurance company of breaching its contract when it allegedly canceled a store owner's insurance policy without providing 30 days' notice.

  • April 09, 2021

    Biden Seeks $132B For HHS In War Against COVID, Opioids

    The Biden administration on Friday released a $131.7 billion budget request for the U.S. Department of Health and Human Services for fiscal year 2022 that includes increased funding to combat the coronavirus pandemic and the opioid crisis, which has worsened over the past year.

  • April 09, 2021

    Parents Want Wholesaler Sanctioned In Drug Death Suit

    The parents of a woman who fatally overdosed on an Insys Therapeutics opioid called on a New Jersey federal court Friday to sanction a pharmaceutical wholesaler for allegedly deleting documents relevant to their wrongful-death suit, saying they wasted time and money searching empty hard drives.

  • April 09, 2021

    NC Group Says State Deal Illegally Allows Chemical Discharge

    North Carolina environmental regulators struck an illegal deal to let the city of Greensboro discharge high levels of a cancer-causing chemical into the drinking water source for nearly 1 million people, an environmental group alleged Friday.

  • April 09, 2021

    NFL Moves To Sack Suit Over Super Bowl Livestream Crash

    The National Football League told a New York federal judge that it is not liable for claims from international fans whose livestreams crashed during the 2020 Super Bowl because they bought their subscriptions from third parties.

  • April 09, 2021

    Fla. Kombucha Co. Looks To Nix Suit Over Alcohol Content

    A Florida-based kombucha maker has argued that consumers who brought a proposed class action alleging its beverages contain more alcohol than advertised on labels have failed to show that a federal court has authority to hear the case.

  • April 09, 2021

    3rd Circ. Revives LivaNova Bacteria Exposure Suit

    The Third Circuit revived a heart surgery patient's suit against the former Sorin Group USA over claims that its heating-cooling device put him at risk of contracting bacterial infections, saying a lower court's dismissal wrongly kept him from proceeding with his allegations in any court.

  • April 09, 2021

    7th Circ. Won't Rehear Navistar Deal Opt-Out Effort

    A Seventh Circuit panel has declined to change its finding that a pair of truck owners are restricted by a class action settlement and can't individually pursue Ohio state court claims against Navistar over its alleged sale of defective engines.

  • April 08, 2021

    Opioid Judge Withdraws After AbbVie Elevates His Atty Sister

    Despite drugmaker warnings of "harmful and unwarranted" disruption, an Illinois magistrate judge withdrew Thursday from Chicago's bellwether case against drugmakers in multidistrict opioid litigation after the city flagged his sister's new role overseeing thousands of opioid cases for AbbVie Inc.

  • April 08, 2021

    Ex-Steelers Blocked From 'Race Norming' Talks, For Now

    The Pennsylvania federal judge overseeing the NFL concussion settlement Thursday told a pair of former Pittsburgh Steelers players who alleged the "race-norming" settlement process discriminates against Black players that she is awaiting a report from mediation between the NFL and class counsel Seeger Weiss LLP before allowing them to intervene.

  • April 08, 2021

    Hess Asks 5th Circ. To Revive $218M Schlumberger Valve Suit

    Hess Corp. has asked the Fifth Circuit to reverse a Texas federal judge's take-nothing judgment and revive the company's $218 million suit against Schlumberger Technology Corp. over faulty safety valves used in deep-water wells in the Gulf of Mexico.

  • April 08, 2021

    Judge Ends Insurer's Fire Claims Over Evidence Destruction

    A Virginia federal judge found an insurance company responsible for the destruction of key evidence in a dispute over a workshop fire and sanctioned it by dismissing its attempt to recover about $160,000 from the power company whose equipment it blamed for the fire.

Expert Analysis

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • Key Takeaways From FDA Warnings To CBD Cos.

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    Two warning letters the U.S. Food and Drug Administration recently issued to makers of CBD products highlight the agency's chief enforcement concerns, but leave some uncertainties regarding the future of CBD regulation, say Kristi Wolff and Donnelly McDowell at Kelley Drye.

  • Rebuttal

    Circuit Split On Class Action Ascertainability Is Disappearing

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    While a recent Law360 guest article suggested a significant circuit split on the issue of class action ascertainability, a review of recent decisions across federal circuits indicates that any such split is rapidly vanishing, as appeals courts reach consensus on the issue, says Leslie Brueckner at Public Justice.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • FDA Letters Suggest Scrutiny Of Virus And Vaping Products

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    The U.S. Food and Drug Administration stepped up its issuance of warning letters during the first quarter of 2021, and focused particularly on products for diagnosing, treating and preventing COVID-19, and on vaping products — so manufacturers and retailers in these sectors should intensify their marketing compliance efforts, says Katie Insogna at DLA Piper.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Key Considerations For Litigation Settlement Trustees

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    Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • What Ford Ruling Clarifies About Personal Jurisdiction

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    The U.S. Supreme Court's decision in Ford Motor Co. v. Montana Eighth Judicial District Court leaves many questions about personal jurisdiction unanswered, but it does shed light on whether causation is necessary and whether jurisdictional facts matter, say attorneys at Arnold & Porter.

  • SDNY Ruling Opens Door To Class Challenges In 2nd Circ.

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    The Southern District of New York's recent ruling in Borgese v. Baby Brezza Enterprises LLC, striking class allegations on the pleadings, raises the possibility that the motion to strike has been reinvigorated as a tool for class action defendants within the Second Circuit, say Eamon Joyce and Vincent Margiotta at Sidley.

  • Justices' Ford Ruling Leaves Specific Jurisdiction Murky

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    In its ruling last week in two consolidated product liability cases involving Ford Motor Co., the U.S. Supreme Court declined to provide a precise test for when a product defendant's forum contacts can lead to the exercise of specific jurisdiction, so the case will likely have limited application beyond its facts, says Christine Shang at Locke Lord.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

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