Product Liability

  • July 29, 2016

    GM Says Dim-Headlight Class Action Doesn't Allege Injury

    General Motors LLC on Thursday sought to dismiss a proposed class action over GMC Sierras' headlight strength, telling a California federal judge that the lack of any allegations of injury or malfunction leaves the suit without a foundation.

  • July 29, 2016

    Blue Buffalo Supplier Fights Bid To Shift Fake-Meat Blame

    A company that allegedly sold poultry byproduct to pet food maker The Blue Buffalo Co. rather than actual meat urged a Missouri federal judge Friday to dismiss its own ingredient supplier's attempt to shift the blame for a fraudulent misrepresentation suit Blue Buffalo launched against both companies.

  • July 29, 2016

    Excess Policy Terms Set Exhaustion Method, Ill. Judge Says

    An Illinois state judge has rejected a mechanical sealing company's argument that it should be allowed to access excess insurance policies to cover asbestos injury claims once all the lower-level insurance in the same policy period has been exhausted, finding that the proper exhaustion method depends on the language of each excess policy.

  • July 29, 2016

    Koch, Others Get $1.4M Chicago Petcoke Settlement Finalized

    An Illinois federal judge on Friday approved a $1.4 million class settlement to be paid by Koch Industries and others storing oil refinery byproducts on Chicago’s South Side, over objections by some homeowners that the money doesn’t come close to compensating them for cleaning and upgrading their properties due to petcoke contamination.

  • July 29, 2016

    Mining Co. Says It Owes NM Nothing For Gold King Disaster

    Sunnyside Gold Corp. on Friday asked a federal judge to dismiss New Mexico’s allegations that it’s liable for the Gold King mine disaster that turned the Animas River orange, saying its actions that allegedly led to the precarious situation were all directed and authorized by Colorado.

  • July 29, 2016

    Tony Stewart Loses Wrongful Death Suit Coverage Bid

    Axis Insurance Co. doesn't have to defend or indemnify NASCAR champion Tony Stewart in an underlying wrongful death suit filed by the parents of a race car driver who was struck and killed by Stewart in a 2014 sprint car race, a New York federal judge ruled Friday, holding that the policy didn't extend coverage to the race in question.

  • July 29, 2016

    NHLPA Wants League's Suit Over Wideman Decision Tossed

    The NHL Players’ Association asked a New York federal court on Friday to toss the league’s challenge of an arbitrator’s decision to cut in half player Dennis Wideman's 20-game suspension for hitting a referee while dazed by a concussion, saying the arbitrator acted within his mandate when he weighed new evidence.

  • July 29, 2016

    Investment Managers Fight GM Trust Proposed Loan Deal

    Two investment management companies told a New York bankruptcy judge Friday that they’re concerned about a recent proposal from a trust handling creditor claims in the GM bankruptcy case, saying the trust’s attempt to get a loan will be more expensive than it appears on the surface.

  • July 29, 2016

    Pair Admits To Illegal Money Moves After Meningitis Deaths

    The majority shareholder of the compounding pharmacy linked to a fatal meningitis outbreak and her husband, who owns an affiliated company, pled guilty in Boston federal court Friday to structuring bank account withdrawals to avoid reporting requirements.

  • July 29, 2016

    Product Liability Regulation & Legislation: Midyear Report

    Among the product liability issues on the federal radar this year are a brand new law that sets a federal labeling standard for food products containing genetically modified organisms and the two recent accidents involving Tesla vehicles operating in autopilot mode. Here, Law360 examines key regulation and legislation developments that attorneys will be following for the remainder of the year and beyond.

  • July 29, 2016

    NHTSA Extends Fiat Chrysler Safety Oversight By A Year

    The National Highway Traffic Safety Administration for another year will keep an eye on how Fiat Chrysler Automobiles handles potential vehicle safety issues, extending oversight established under a 2015 consent order related to the automaker’s failure to issue timely recalls, according to a statement by Fiat on Friday.

  • July 29, 2016

    EPA Won't Rethink Bayer's Challenge To Axed Pesticide

    The U.S. Environmental Protection Agency’s appeals board on Friday declined to reconsider the EPA’s decision to cancel approval of Bayer CropScience LP and Nichino America Inc.’s pesticide flubendiamide.

  • July 29, 2016

    Blue Bell Fined $850K For Last Year's Listeria Outbreak

    Blue Bell Creameries was hit with an $850,000 fine related to last year’s listeria outbreak blamed for three deaths, but the company will most likely pay only a fraction of that amount, according to an agreement reached with Texas health officials on Friday.

  • July 29, 2016

    Widow Says RJ Reynolds Caused Veteran's Fatal Lung Cancer

    The widow of a chain-smoking military veteran who died of lung cancer urged a Florida jury on Friday to find R.J. Reynolds Tobacco Co. liable for his death, saying the company hid the dangers of cigarettes from him until he was hopelessly addicted.

  • July 29, 2016

    Honeywell Will Face Feds' Amended Body Armor FCA Suit

    A D.C. federal court on Friday allowed the federal government to file an amended complaint in an 8-year-old False Claims Act suit against Honeywell International Inc. over allegedly defective body armor, asserting that letting the U.S. add a data manipulation allegation will not cause unfair delays to Honeywell's case.

  • July 29, 2016

    1st Circ. OKs Appeal Of Notre Dame Faulty Construction Award

    Two Massachusetts companies found liable by an English arbitrator for shoddy construction work on a University of Notre Dame dormitory in London can appeal a federal judge's ambiguous order confirming the award, the First Circuit ruled Friday.

  • July 29, 2016

    Williams Unit Hit With $1.6M Proposed Fine Over Fatal Blast

    The Transcontinental Pipeline Company, a subsidiary of Williams Partners LP, was hit with a proposed $1.6 million in civil penalties from the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration on Friday over a fatal 2015 compressor station explosion in Louisiana.

  • July 29, 2016

    Mich. AG Charges 6 More Officials In Flint Water Scandal

    Six more Michigan public officials were charged Friday in connection with their roles in Flint’s lead-tainted drinking water crisis, the second round of prosecutions stemming from a state attorney general’s investigation.

  • July 28, 2016

    Volkswagen Fined $176M In Wash. For Emissions Cheating

    Volkswagen AG was slapped Thursday with a $176 million fine by the Washington state environmental regulatory agency for the defeat devices it installed in its diesel vehicles to cheat on emissions tests in the latest action against the beleaguered automaker in the wake of its admission it had used the devices.

  • July 28, 2016

    High Court Told $2.7M Sanction Doesn't Match Harm

    An Ohio attorney who, along with Goodyear and a Fennemore Craig PC attorney, is urging the U.S. Supreme Court to overturn a $2.7 million sanction for withholding discovery in a tire liability suit said on Wednesday that arguments for keeping the sanctions rewrite history.

Expert Analysis

  • 5 Things To Know About The Bioengineered Food Labeling Bill

    Diane C. McEnroe

    Passage of a statute that mandates national standards for disclosure of information relating to genetically engineered foods and preempts inconsistent state and local labeling requirements is a significant accomplishment of the 114th Congress. Attorneys at Sidley Austin LLP explain a few of the most noteworthy ways this legislation would impact food labeling and marketing in the United States.

  • Continuing Violations And Statutes Of Limitation Under CPSA

    Timothy L. Mullin.jpg

    Manufacturers and distributors of consumer products must be able to evaluate the scope of time in which the government can bring a claim for civil penalties under the Consumer Product Safety Act. Yet recent court decisions and ongoing litigation have called into question when exactly an alleged violation starts, say Timothy Mullin and Kevin Penhallegon of Miles & Stockbridge PC.

  • Prevent Litigation From Becoming A Threat To Data Security

    Dante Stella

    Recent headline-grabbing data security incidents have shed light both on direct and collateral impacts to companies and their employees. Attorneys should take steps to ensure that their role in the conduct of litigation does not in itself lead to similarly damaging disclosures of sensitive information, say Dante Stella and Sherrie Farrell of Dykema Gossett PLLC.

  • What To Know About NY's New Cooling Tower Regulations

    Jean H. McCreary

    As a response to a 2015 legionellosis outbreak in the Bronx, New York's recently finalized cooling tower regulations include broad definitions of what qualifies as a covered cooling tower and who may be deemed an owner, and additional requirements for hospitals and residential health care facilities, say Libby Ford and Jean McCreary at Nixon Peabody LLP.

  • Corporations In The Crosshairs Of Product Liability Claims

    Stephanie E. Parker

    More than in past presidential campaigns, the leading candidates have targeted American corporations, taking turns outbidding one another in appealing to anti-corporate sentiments. And the plaintiffs bar has been trying to leverage the mood across a broad front — from changes in jury selection to trial strategy to the types of claims they bring, say attorneys at Jones Day.

  • OPINION: Our Juries Are Being Circumvented

    Suja A. Thomas.jpg

    The Freddie Gray case and the U.S. Supreme Court ruling regarding former Virginia Governor Robert McDonnell demonstrate how the government replaces juries, eliminating an important community decision maker and a check on governmental power, says Professor Suja Thomas of the University of Illinois College of Law.

  • The Internet Of Health Things: Privacy And Security Issues

    Kimberly C. Metzger

    While "internet of health things" devices share many privacy and security concerns with their smart kin, other issues are heightened by — or unique to — the health care environment and the sensitive nature of health data, says Kimberly Metzger at Ice Miller LLP.

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • And Now A Word From The Panel: 4 All-Star MDLs

    Alan E. Rothman

    In honor of the recent Major League Baseball All-Star Game, this month’s column will name its own all-star team — four multidistrict litigations, across various categories, that changed or are changing the game, says Alan Rothman of Kaye Scholer LLP.

  • 2nd Circ. GM Ruling Shows Value Of Debtor’s Disclosures

    Darren Azman

    Bankruptcy Code Section 363 offers a powerful tool for a debtor in bankruptcy to sell its assets free and clear of liens and other interests. However, as the Second Circuit's recent decision in the Motors Liquidation Company case underscores, this power is not without limit, say Darren Azman and Megan Preusker at McDermott Will & Emery LLP.