Product Liability RSS

  • April 18, 2014

    Impax Can't Shake Drug Quality-Control Securities Action

    A California federal judge on Friday refused to toss a securities fraud class action against Impax Laboratories Inc. that alleges the pharmaceutical company hid serious quality-control deficiencies while exaggerating its progress toward fixing them.

  • April 18, 2014

    Whistleblower Wants High Court's Stance On Leave To Amend

    A whistleblower has asked the U.S. Supreme Court to revive a False Claims Act suit against Takeda Pharmaceutical Co. Ltd. after the First Circuit upheld the suit's dismissal, arguing the case presents a circuit split on when a plaintiff can seek leave to amend a complaint.

  • April 18, 2014

    Judge Consolidates W.Va. Chemical Spill Civil Suits

    A West Virginia federal judge ordered a limited consolidation Friday in roughly 60 civil suits against Freedom Industries Inc. and West Virginia-American Water Co. over the massive coal processing chemical spill that contaminated drinking water, finding a common question of law or fact.

  • April 18, 2014

    BP Pounded By Spate Of New Deepwater Investor Suits

    BP PLC was hit with at least six securities suits in Texas federal court Friday, with groups of foreign businesses and U.S. retirement funds alleging the oil company’s actions and response to the Deepwater Horizon oil spill cost them millions of dollars.

  • April 18, 2014

    Nordic Naturals Defeats Stink Over Fish Oil Fraud

    A New Jersey federal judge on Friday tossed a putative class action alleging Nordic Naturals Inc. misled consumers about the contents of a fish oil supplement, saying the complaint was short on details about the alleged deceit and the losses it caused.

  • April 18, 2014

    KBR Asks High Court To Review 'Burn Pit' Suits

    KBR Inc. is asking the U.S. Supreme Court to toss dozens of class actions from soldiers claiming they were injured by smoke inhaled from “burn pits” that the military contractor used to dispose of waste in Afghanistan and Iraq, arguing it can’t be held liable for the consequences of the U.S. Army’s wartime decisions.

  • April 18, 2014

    High Court Fight Pits FDA Rules Against False Ad Claims

    Pom Wonderful LLC is expected to argue to the U.S. Supreme Court on Monday that its competitor Coca-Cola Co.'s juice label misled consumers in practice even if it complied with U.S. Food and Drug Administration rules, testing the extent to which the agency's regulations should block private lawsuits between companies.

  • April 18, 2014

    Weight Loss Supplement Co. Sued Over Missing Cactus

    A Pennsylvania-based manufacturer of weight-loss capsules was hit with a proposed class action in California court Wednesday alleging the pills don’t contain an African cactus plant as advertised and therefore can’t deliver the plant's supposed health benefits.

  • April 18, 2014

    SPHC Proposes $3M Asbestos Claimant Notification Plan

    Specialty Products Holding Corp. asked a Delaware bankruptcy judge Thursday to sign off on a $3.2 million program designed to alert those exposed to its former asbestos-containing products of the upcoming deadline to file claims in the company's Chapter 11 case.

  • April 18, 2014

    4th Circ. Chills Challenges To Sham CPSC Database Reports

    Under a recent Fourth Circuit ruling, manufacturers looking to stop the Consumer Product Safety Commission from falsely disparaging their products on the database must launch a public broadside against the agency, and attorneys say most will decide that the payoff isn’t worth the publicity.

  • April 18, 2014

    USC Urges Judge To Toss Ex-Football Player's Pain Med Suit

    The University of Southern California and its student health center urged a California federal judge on Friday to toss an ex-USC football player's claims that a team doctor negligently administered a painkiller that gave him a heart attack, saying the player didn't show a breach in the standard of care.

  • April 18, 2014

    EPA Can't Shake Suit Over Pesticide-Linked Bee Deaths

    A California federal judge on Friday sent back four of 10 claims to be amended in a lawsuit by beekeepers alleging the U.S. Environmental Protection Agency failed to adequately regulate pesticides that are annihilating honeybees and thereby hurting the economy and threatening agriculture, keeping the suit alive.

  • April 18, 2014

    High Court Petitioned Over 2008 La. Ship Crash, Oil Spill

    American Commercial Lines LLC is asking the U.S. Supreme Court to clarify maritime laws on preventing ship collisions in inland channels, hoping to hold another ship owner liable for the 2008 sinking of an ACL barge that caused a large oil spill in the Mississippi River.

  • April 18, 2014

    Asbestos Victor Asks High Court To Mull Automatic Reversal

    The estate of a deceased paper mill worker asked the U.S. Supreme Court on Tuesday to weigh in on whether an appellate court should order a new case when a court holds a trial without properly vetting expert testimony, arguing that its $9.4 million asbestos judgment against two paper equipment manufacturers should not have been wiped out. 

  • April 18, 2014

    Apple Prevails In IPhone Power-Button Defect Action

    A proposed class action claiming Apple Inc. installed defective power buttons in its iPhone 4 was dismissed Friday by a California federal judge who said the plaintiff couldn't use Florida law to bring a California fraud claim.

  • April 18, 2014

    FDA Expands Review Of Pharma Promo Risk Perception

    The U.S. Food and Drug Administration on Friday disclosed plans for a sizable survey of how prescription drug advertisements affect consumer perception of product dangers and benefits, adding to a notable uptick in the agency's scrutiny of risk disclosures.

  • April 18, 2014

    GM Supplier Knew Ignition Defects Affected Airbags, Suit Says

    General Motors Co.’s airbag supplier Continental Automotive Systems U.S. Inc. knew its airbags would not deploy in accidents caused by the automaker’s defective ignition switches, a putative class argued in California federal court on Wednesday.

  • April 18, 2014

    General Mills Says Its New Policies Don't Block Litigation

    General Mills Inc. hit back against media criticism Thursday in explaining that its website’s privacy policy, updated earlier this month, does not preclude consumers from filing suit against the company after they’ve simply purchased its products or “liked” a General Mills brand Facebook page.

  • April 18, 2014

    3rd Circ. Urged To Move GSK Paxil Suit Back To State Court

    The plaintiffs alleging GlaxoSmithKline LLC's antidepressant drug Paxil caused birth defects urged the Third Circuit on Tuesday to move the case back to Pennsylvania state court, saying a federal court had erred in denying their motion to remand.

  • April 18, 2014

    Pa. Appeals Court To Rehear Ford Roof Defect Suit

    The Pennsylvania Superior Court has agreed to rehear the appeal of a trial court ruling that Ford Motor Co. was not liable for an automobile accident that left a mother paralyzed and caused serious injuries to her daughter.

Expert Analysis

  • POM Finds Class Decertification Ruling Wonderful

    Richard L. Goldfarb

    A California federal court recently decertified the proposed class in an action against POM Wonderful LLC over health claims about its juice. Plaintiffs failed to certify their class against POM for the same reason certification failed in another recent case against Ben & Jerry's Homemade Inc. — ascertainability. Whether this is another nail in California's class action coffin remains to be seen, but plaintiffs should expect stricter scrutiny from courts regarding class claims, says Richard Goldfarb of Stoel Rives LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • A Blow To State Encroachment On Federal Turf

    Ethan M. Posner

    The Arkansas Supreme Court's decision in Ortho-McNeil-Janssen Pharmaceuticals Inc. v. Arkansas dealt a blow to state attorneys general seeking to take action in matters primarily within the jurisdiction of the U.S. Food and Drug Administration. The case could signal a court pushback against state encroachment into federal regulatory matters, and may curb the outsourcing of litigation to private counsel with financial incentives to pursue enormous recoveries in court, say attorneys at Covington & Burling LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Are You Covered For Food Product Recalls?

    Joshua D. Davey

    While relatively few food recall claims have been litigated, there is a small body of case law that has developed in the last few years highlighting important considerations for policyholders. The cases generally hold that there is no coverage for a purely prophylactic recall, a result that has the potential to exclude a significant number of recalls from coverage — policyholders must demonstrate actual contamination or mislabeling, says Joshua Davey of McGuireWoods LLP.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Consequential Damages Clause At Heart Of $100M Dispute

    Rick Robinson

    In Biotronik AG v. Conor Medsystems Ireland Ltd., the New York Court of Appeals ruled that a no consequential damages clause in a distribution agreement did not preclude the distributor from proceeding with a claim for lost profit damages. A manufacturer must recognize that, if it breaches an agreement, the clause may not protect it from claims on the sale of a product had the agreement not been breached, say Rick Robinson and Glen Banks of Norton Rose Fulbright.

  • Keep Your Audience From Checking Email: 5 Legal Talk Tips

    Michael H. Rubin

    Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.

  • NY Medical Monitoring Cases Are Ones To Watch

    Kristie Tappan

    A New York state appeals court recently refined the New York Court of Appeals' ruling in Caronia v. Philip Morris USA Inc., allowing plaintiffs to pursue medical monitoring as a form of damages where they had an existing tort cause of action. Parties can expect further litigation on the issue of what constitutes physical injury sufficient to seek damages for medical monitoring since injury can be an entryway for such damages, says Kristie Tappan of Sedgwick LLP.

  • More Lift For Airlines Defending State Law Tort Claims

    William V. O’Connor

    The recent Ninth Circuit ruling in Ventress v. Japan Airlines correctly affirms years of preemption jurisprudence holding that state law claims that intrude upon the federally regulated area of aviation safety will be preempted. This well-reasoned approach furthers Congress’ goal of creating a uniform system of aviation safety, and provides airlines with another tool in their kit to combat state law claims, employment or otherwise, say attorneys with Morrison & Foerster LLP.