Product Liability Law

Federal judge scolds slow-moving BigLaw lawyers, enforces oral agreement to settle class action

A federal judge in New Jersey is requiring Samsung Electronics America to abide by an oral agreement to settle two would-be class actions involving drain pumps in washing machines.

May 23, 2018 7:00 AM CDT

‘Westworld’ story lines connect with real-world legal issues

A fictional theme park with a wild west theme is the setting for the HBO series Westworld, where guests pay to live out their fantasies. Those familiar with the darker side of the human condition won’t be surprised to learn that these fantasies often entail patrons killing as many of the amusement park hosts as they please.

May 21, 2018 7:10 AM CDT

5th Circuit blasts lawyer who sent thank-you checks to experts, yet told jurors they were unpaid

A federal appeals court has overturned a $151 million award against a hip implant manufacturer because of “serious evidentiary errors” by the judge and “deceptions” by Mark Lanier, a high-profile Houston lawyer for the plaintiffs.

Apr 30, 2018 7:00 AM CDT

Medical device plaintiff sues her law firm, saying it coaxed her into unnecessary surgery

An Arkansas woman who contends she was scared into surgery to remove vaginal mesh to bolster her position in litigation has filed a lawsuit against her former law firm and the litigation funding company that financed the operation. Allegations in the suit by Jerri Plummer highlight how plaintiffs in suits…

Apr 16, 2018 11:25 AM CDT

Jury awards $117M in case alleging talcum powder caused mesothelioma

Jurors in New Jersey have awarded $117 million in a lawsuit that claimed Johnson & Johnson’s talcum powder products caused an investment banker’s mesothelioma. Jurors apportioned 70 percent of the blame to Johnson & Johnson and 30 percent to its talcum supplier, Imerys Talc America, report the New Jersey Law…

Apr 12, 2018 3:43 PM CDT

The dangers of digital things: Self-driving cars steer proposed laws on robotics and automation

Increased reliance on robotics, artificial intelligence and automation tests whether laws and regulations designed to protect those humans are sufficient or whether new laws are necessary.

Mar 1, 2018 12:01 AM CST

Judge punishes lawyer for using hashtag #killinnazis, tosses $27.8M Xarelto verdict on other grounds

A Pennsylvania judge on Tuesday overturned a $27.8 million verdict against the makers of the blood thinner Xarelto in a lawsuit by an Indiana woman who claimed the drug caused severe gastrointestinal bleeding.

Jan 11, 2018 7:00 AM CST

Milberg joins forces with mass tort firm Sanders Philips Grossman

Class action and complex litigation firm Milberg and mass tort firm Sanders Phillips Grossman plan to partner up, becoming Milberg Tadler Phillips Grossman, the American Lawyer and Global Legal Post reported Monday. The new law firm will be headquartered in New York City and represent plaintiffs across the United States…

Jan 8, 2018 5:40 PM CST

Drugmaker claims #killinnazis Instagram posts are part of lawyers’ ‘xenophobic’ strategy

Lawyers seeking to overturn a $27.8 million verdict against the makers of the blood thinner Xarelto contend that nine Instagram posts using the hashtag #killinnazis are part of a strategy by their opponents to link the defendants to Nazi Germany. In motions filed last week, lawyers for German-based Bayer and…

Dec 20, 2017 11:50 AM CST

California judge tosses $417M talcum powder verdict

Updated: A judge in California has overturned a $417 million verdict and granted a new trial in a suit claiming talcum powder causes ovarian cancer. Judge Maren Nelson of Los Angeles Superior Court said damages were excessive and causation proof was insufficient, report the Associated Press, the New York Times,…

Oct 23, 2017 5:23 PM CDT

Missouri appeals court tosses $72M talcum powder verdict, says suit was filed in wrong state

A $72 million verdict in a suit contending that talcum powder causes cancer has been overturned as a result of a U.S. Supreme Court decision in June that limited the jurisdictional reach of state courts. The Missouri Court of Appeals on Tuesday overturned the verdict obtained by the family of…

Oct 17, 2017 1:55 PM CDT

Illinois Supreme Court removes judge from a second case after alleged ‘rolling inquisition’

The Illinois Supreme Court has removed a Chicago judge from a case after a lawyer alleged the judge had engaged in a two-year “rolling inquisition” in a desperate bid “to find a conspiracy where none exists.” It wasn’t the first time Judge Daniel Lynch of Cook County was removed from…

Oct 4, 2017 10:59 AM CDT

Emailed photo that arrived as talc trial began among new evidence credited in $417M cancer verdict

An emailed photo and negative evidence about witnesses supporting Johnson & Johnson’s safety claims may have influenced jurors who awarded $417 million to a woman diagnosed with ovarian cancer after using the company’s talcum powder for decades, according to one of her lawyers. Eva Echeverria, 63, said she began using…

Aug 22, 2017 1:08 PM CDT

The rise of Uber and Lyft inspires a liability practice

“I saw a lot of people on Twitter and on various blogs that were uncertain of what the rules, regulations and legalities were and are for ride-shares,” says Bryant Greening, an associate at Aleksy Belcher in Chicago. “I realized that there was a niche area that was not represented and wanted to fill that void.”

Aug 1, 2017 12:50 AM CDT

Tort suits in state courts are ‘down sharply’ as contract claims grow

The conventional wisdom that state courts are awash in tort lawsuits is wrong.

Tort lawsuits are “down sharply,” raising concerns among some judges that Americans no longer see the courts as a way to achieve justice in garden-variety civil cases, the Wall Street Journal (sub. req.) reports.

Jul 26, 2017 7:00 AM CDT