Product Liability

  • August 07, 2020

    Drivers Seek Sanctions Against BMW In Defective Engine Suit

    Five BMW drivers who opted out of a nationwide class action lawsuit told a Massachusetts federal court the automaker should face sanctions for repeatedly refusing to hand over discovery, despite the fact that the court has previously ruled that the type of document requested is relevant.

  • August 07, 2020

    Nationwide Beats Construction Defect Suit At 11th Circ.

    The Eleventh Circuit held that an Alabama district court wrongly applied federal rather than Alabama state laws when determining privity in a suit between a homeowner and contractor, freeing Nationwide Mutual Fire Insurance Co. from defending the contractor's allegedly botched work.

  • August 07, 2020

    JPML Consolidates Profemur Hip Implant Suits In Ark.

    The Judicial Panel on Multidistrict Litigation sent nearly four dozen suits alleging Wright Medical Technology Inc. and MicroPort Orthopedics Inc. sold defective hip implants to Arkansas federal court over the objections of the companies.

  • August 07, 2020

    Ex-NFL Players' Painkiller Suit Revived By 9th Circ.

    The Ninth Circuit on Friday revived a suit by former National Football League players alleging the league made them take opioids and other painkillers to get back on the field before they were healthy.

  • August 07, 2020

    NAACP Wants Seat At Table In Purdue Bankruptcy Case

    The NAACP on Friday asked a New York bankruptcy judge for a seat at the table in the Purdue Pharma Chapter 11, saying it needs to ensure a fair share of the proceeds of the case's opioid settlement goes to communities of color.

  • August 07, 2020

    Honeywell Must Face Asbestos Suit, Ohio Appeals Court Says

    An Ohio appeals court on Thursday revived a widow's suit against Honeywell alleging that her late husband was exposed to asbestos in its brake products, finding that a jury could conclude that her husband's mesothelioma was caused by his exposure.

  • August 07, 2020

    Surgical Device Co. Says J&J Shouldn't Have Seized Products

    A company that a Johnson & Johnson unit has accused of selling purportedly counterfeit versions of surgical devices told an Illinois federal court Friday that a seizure order of 1.27 million of its products should not have been granted, saying the subsidiary has shown "little, if any, evidence of the ballyhooed pervasive counterfeiting scheme."

  • August 07, 2020

    Coronavirus Q&A: Hogan Lovells' Medical Devices Director

    In this edition of Coronavirus Q&A, a leader of Hogan Lovells' medical devices team discusses school reopenings, client frustrations with a heavily burdened U.S. Food and Drug Administration, and mounting problems with COVID-19 testing volume and turnaround times.

  • August 07, 2020

    NY Court Affirms Asbestos Verdict, But Nixes $13M Award

    A New York appeals court has vacated $13 million in awards in a suit alleging that products made by Felt Products Manufacturing caused a woman to develop mesothelioma, but affirmed the jury's verdict that the company's products were at fault.

  • August 07, 2020

    Fiat Chrysler Drivers' Jeep Engine Defect Suits Joined In Mich.

    A Michigan federal court has consolidated nine proposed consumer class actions accusing Fiat Chrysler of knowingly selling Jeep vehicles with dangerously defective engines that sucked up excessive amounts of oil, resulting in premature wear and catastrophic engine failure.

  • August 07, 2020

    Mich. Pot Regulator Recalls Joints After Worker Licked One

    Michigan marijuana regulators have issued a product recall for contaminated prerolled joints sold to retailers in a dozen municipalities after an employee at a processing facility allegedly licked a product while making it.

  • August 07, 2020

    Ulta Beats Certification Bid In Shoppers' Used-Makeup Suit

    An Illinois federal judge has refused to certify 15 statewide classes over accusations that Ulta Beauty Inc. unlawfully sold used, repackaged products, saying managers implemented the company's damaged goods reduction policy too differently to create a common question over their claims.

  • August 07, 2020

    Ring Can't Force Arbitration In Security Cam False Ad Suit

    A California federal judge won't let Ring LLC send to arbitration a proposed class action alleging it didn't tell consumers that optional features of its security cameras cost more, saying the buyer didn't agree to the arbitration agreement because he never used the products.

  • August 07, 2020

    Bayer, Merck Can't Be Pulled Back In Leg Amputation Suit

    A New Jersey state appellate panel will not second-guess a trial court ruling tossing claims that Bayer Healthcare LLC and former parent Merck & Co. Inc. provided inadequate warnings about Dr. Scholl's padded callus removers in a suit alleging the product led a now-deceased consumer to lose part of his leg.

  • August 06, 2020

    DEA Beats Discovery Subpoenas In Opioid MDL Bellwether

    The U.S. Drug Enforcement Administration doesn't have to respond to subpoenas by cities and drug distributors in West Virginia's opioid multidistrict litigation bellwether that sought more information about the agency's knowledge of prescription drug trafficking, a federal judge has ruled.

  • August 06, 2020

    7th Circ. Says Class Objectors Must Repay Side Deals

    Three men who made side deals to end their opposition to a class settlement were "falsely flying the class' colors" to extract money from its deal and should be ordered to return their ill-gotten funds, the Seventh Circuit said Thursday.

  • August 06, 2020

    Counsel For 52 Opt-Out VW Drivers Seek $1.5M In Atty Fees

    Lawyers for 52 Volkswagen drivers asked a California federal judge to sign off on $1.5 million in fees and expenses after they negotiated $2.3 million in settlements to avoid another round of trials involving individual consumers seeking damages from the emissions cheating scandal.

  • August 06, 2020

    Dr Pepper Nears Win In 'Natural' Applesauce False Ad Fight

    A California federal judge said Thursday she's inclined to toss a proposed class action alleging a Dr Pepper subsidiary falsely advertises its Mott's applesauce as "natural" when it contains trace levels of pesticides, saying organic products can contain pesticides and it's "highly unlikely" that the FDA would impose stricter limits.

  • August 06, 2020

    Sandy Hook Families Can't Get Into Remington Ch. 11 Yet

    An Alabama bankruptcy judge Thursday rejected a request by families of victims of the 2012 Sandy Hook Elementary School shooting for inclusion on the list of Remington Outdoor's top creditors, saying he doesn't have enough information on their claims.

  • August 06, 2020

    Pharmacies Can't Dodge Ohio Opioid MDL's 2021 Bellwether

    The Ohio federal judge overseeing opioid multidistrict litigation has refused to toss two Ohio counties' bellwether cases against pharmacies, allowing their public nuisance claims over the dispensing and distribution of opioids to move forward.

  • August 06, 2020

    Mass. Pot Shop Fined For Selling Faulty Vape Cartridges

    A medical marijuana clinic, cultivator and manufacturer has agreed to pay $120,000 after Massachusetts' cannabis regulator investigated it for selling wholesale vape cartridges that failed lab testing for ethanol levels.

  • August 06, 2020

    Ride Builder Can't Duck Six Flags Injury Suit In NJ

    A New Jersey appeals court on Thursday ruled that a ride builder can't get a suit alleging a defect injured a young girl as she was getting off a ride at Six Flags dismissed, saying even though the family's expert is inadmissible, it can still try to get a separate expert admitted.

  • August 06, 2020

    Judge Sinks Insurer's Suit Over Ship Abandoned In Brazil

    A New York federal judge on Thursday threw out claims by German insurer Great Lakes Insurance SE that the owners of a ship carrying cargo for one of its insured companies conspired to abandon it in Brazil, saying the court doesn't have maritime jurisdiction because the alleged conspiracy did not happen at sea.

  • August 06, 2020

    Insurer Sues Elevator Co. Over 84-Story Fall In Ill. Skyscraper

    Admiral Indemnity Co. has sued an elevator company seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center fell 84 floors and was shut down by the city, inhibiting customers from accessing its policyholder, the operator of a 95th-floor restaurant.

  • August 05, 2020

    Alleged Counterfeiter Seeks To Nix J&J Atty's Declarations

    An Illinois federal court should toss declarations entered by an attorney representing a Johnson & Johnson unit in litigation over purportedly counterfeit surgical devices, as the lawyer should not be allowed to serve both as a key witness and as counsel to a party in the same case, the company accused of selling the knockoff products has contended.

Expert Analysis

  • Analyzing Upward And Downward Trends In Legal Tech

    Author Photo

    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • COVID-19 Reveals Tensions In Food Packaging Supply Chain

    Author Photo

    COVID-19 has shone a spotlight on the balance in the food manufacturing and packaging industries between efficiency and the responsibility to meet regulatory standards — and is a reminder that companies that identify alternatives while things go right will benefit greatly when things go wrong, says Daniel Rubenstein at Steptoe & Johnson.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

    Author Photo

    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Cos. Should Track Microplastic Research And Regulations

    Author Photo

    Microscopic plastic particles in the environment are a major emerging concern for regulators in the U.S. and internationally — and with the regulatory framework evolving concurrently with scientific research on health and environmental impacts, companies must monitor developments closely, say Tara Paul and Willis Hon at Nossaman.

  • Opinion

    Courts Are Right To Scrutinize Food Labeling Suits

    Author Photo

    While putative class action filings against the food and beverage industry over often baseless allegations around food labeling persist during the COVID-19 pandemic, it is fortunate that judges are dismissing many of these cases based on a lack of any plausible theory of deception, say attorneys at Perkins Coie.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

    Author Photo

    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

    Author Photo

    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Online Retailer Liability Could Soon Take New Shape In Calif.

    Author Photo

    Amazon has so far prevailed in court battles over extending product liability to online marketplaces like itself, but a new California bill and a case currently on appeal to the Ninth Circuit could change that, say Steven Geise and Annika Mizel at Jones Day.

  • COVID-19 Liability Considerations For Nonmedical Businesses

    Author Photo

    While some businesses, especially in the health care sector, have been afforded protection from COVID-19 liability, others have not — so companies should carefully review the state of immunity legislation in their jurisdictions, and consider legal issues around causation, foreseeability, notice and nuisance claims, say Kathleen Carrington and Mitchell Morris at Butler Snow.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

    Author Photo

    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

    Author Photo

    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • COVID-19 And Design Defect Jurors' Risk Evaluations: Part 3

    Author Photo

    With jurors in the COVID-19 era being constantly reminded of pandemic-related dangers, defense counsel in product liability design defect trials must effectively use voir dire and careful observation to gauge how juries are evaluating risk, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.

  • COVID-19 And Design Defect Jurors' Risk Evaluations: Part 2

    Author Photo

    Recent jury research shows that the COVID-19 pandemic is correlated with shifts in potential jurors' views on corporations and government regulators — and the virus itself may affect jury composition, as more risk-averse individuals seek to avoid jury duty, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.

  • 6 Steps For Law Firms Looking To Improve Their Culture

    Author Photo

    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • COVID-19 And Design Defect Jurors' Risk Evaluations: Part 1

    Author Photo

    Risk assessment plays a key role in complex product liability design defect trials, but the COVID-19 pandemic may have altered how potential jurors assess risks, making this an important consideration in jury research, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!