A Massachusetts federal jury may have rejected a slew of felony fraud charges against a pair of former executives for medical-device manufacturer Acclarent this week, but its verdict convicting them of 10 misdemeanors may eventually force courts to venture into hazy territory to decide where free-speech rights end and illicit off-label promotion begins.
A Washington Metropolitan Area Transit Authority union sued the agency Wednesday to enforce an arbitration decision reinstating an allegedly scapegoated mechanic who was fired after a fatal underground smoke incident in 2015.
A proposed class of consumers told a Florida federal judge Friday that vitamin manufacturer NBTY Inc. deceptively labels its products as "Made in the U.S.A." even though they contain ingredients sourced from other countries.
Trinity Industries on Thursday pushed the Fifth Circuit on Thursday to upend a $663 million False Claims Act judgment over allegedly defective guardrails, saying that newly discovered evidence of crash test results necessitates a new trial.
Shook Hardy & Bacon LLP recently announced that it has snagged a new partner and attorney serving of counsel from Callahan & Blaine to join its business litigation and corporate services groups.
The New York federal judge overseeing General Motors ignition-switch defect multidistrict litigation said Thursday that the automaker can put forth evidence about whether a Virginia woman in an upcoming bellwether trial was using her seat belt at the time of her accident.
A window and door manufacturer that's suing Liberty Mutual for coverage of product liability claims urged a federal judge on Friday to seek the Iowa Supreme Court's input about whether damages to other property stemming from a policyholder's faulty workmanship can be covered under a commercial general liability insurance policy.
A World Bank tribunal recently rejected Philip Morris' claims against Uruguay's tobacco regulations, an outcome that experts say is an encouraging affirmation of the importance of protecting states’ sovereign right to regulate, but is one that won’t necessarily bar future claims challenging regulation in the name of health and safety.
A New Jersey appeals court on Friday threw out and sent back for trial an $18 million win for two users of Hoffmann-La Roche Inc.'s Accutane who said they developed inflammatory bowel disorders after using the acne drug, finding the trial court improperly allowed suggestive evidence about a label revision.
A Florida federal judge on Friday gave final approval to a $239 million settlement in a class action lawsuit alleging safety defects involving several models of a Brazilian gun manufacturer's pistols, overruling several objections that she said made weak or contradictory arguments.
A California federal judge on Friday upheld most of a proposed class action accusing Dynamic Pet Products of killing and seriously injuring dogs with chew toys made from easily splintered waste ham bones, trimming only an Oregon consumer protection claim and an implied warranty allegation.
The University of Pittsburgh Medical Center owed legal duties to patients of an unrelated Kansas hospital after an employee known to be addicted to opioids moved from one to the other, allegedly spreading hepatitis, a divided Pennsylvania appeals court ruled on Friday.
A Connecticut federal judge handed World Wrestling Entertainment Inc. a partial win in a consolidated action alleging fraud surrounding its handling of concussion risks, declining to reconsider an order keeping one suit by a pair of ex-wrestlers alive but reviving its bid for declaratory judgment against others threatening litigation.
Johnson & Johnson subsidiary Acclarent Inc. has settled a False Claims Act suit for $18 million, the Department of Justice announced Friday, just two days after two former executives were convicted of 10 misdemeanors for their role in the scheme to introduce a misbranded and adulterated medical device on the market.
The mayor of San Juan, Puerto Rico, has filed a lawsuit seeking to stop the Centers for Disease Control and Prevention from conducting an aerial spray of allegedly “toxic” chemicals on the Caribbean island in an effort to combat the Zika virus, saying it posed serious health risks to the population.
A Johnson & Johnson unit can’t undo a jury’s $8.3 million verdict in favor of a retired prison guard who said he was injured by a metal hip implant, a California state appeals court ruled Thursday in a decision that found the verdict was supported by substantial evidence.
The Fifth Circuit on Thursday reversed and remanded a Louisiana federal judge's decision that a pair of insurers owed Solstice Oil & Gas I LLC no coverage for a $12 million loss after a contractor shoddily drilled an oil well.
Dico Inc. and Titan Tire Corp. told an Iowa federal court they should be allowed to add a law professor’s declaration in their bid to replace the judge in an upcoming bench trial over allegations the companies sold buildings just to get rid of polychlorinated biphenyl contamination.
The U.S. Environmental Protection Agency should use its new authority under the recently revised Toxic Substances Control Act to prioritize the regulation of 10 chemicals including asbestos and bisphenol A, an environmental group said Thursday.
General Motors Co. on Thursday said that it might have to recall 4.3 million more vehicles due to safety concerns surrounding Takata Corp. air bags, which would cost the Detroit automaker another $550 million.
With the U.S. Department of Agriculture’s Food Safety and Inspection Service's announcement of its plan to share more food safety data regarding slaughter and processing facilities, it seems clear that the agency hopes such publicity will provide additional stimulus for a race to the top in the area of pathogen reduction, say Robert Hibbert and Hilary Lewis at Morgan Lewis & Bockius LLP.
It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.
A recently proposed rule by the U.S. Department of Transportation intends to improve oil spill response readiness and mitigate effects of rail incidents involving petroleum oil and certain high-hazard flammable trains. However, the expanded requirements would likely impose substantial costs and burden on railroads and could increase the price of crude oil transport by rail, say attorneys at Baker Botts LLP.
The Federal Trade Commission recently issued four consent orders regarding “natural” claims made on personal care products, marking the first time the FTC has addressed this issue. But, notably, the FTC did not go so far as to entirely ban the use of the term "natural" if a product contains some synthetic ingredients, say attorneys at O'Melveny & Myers LLP.
Canada's new reporting requirements for shippers of hazardous goods are meant to bring Canada in line with U.S. reporting practices, but there remain some notable distinctions between the two countries’ regulations, say attorneys at Norton Rose Fulbright Canada LLP.
Timothy Kevane’s recent Law360 guest article depicting the New York Court of Appeals' decision in Viking Pump as a “break” with an alleged nationwide “trend” toward pro rata allocation is totally at odds with the real trend of decisions finding noncumulation provisions incompatible with pro rata allocation, say John Winsbro and Elizabeth Sherwin at McKool Smith PC.
The combination of cheap virtual private networks and federal law that protects websites from liability can cause serious problems for victims of online attacks. It will only get worse as VPNs become more popular. This is a situation where technology is outpacing the law, and it needs to be addressed, says Adam Sherman of Vorys Sater Seymour and Pease LLP.
Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.
The recent amendments to the Toxic Substances Control Act include a number of federal preemption provisions, but they are riddled with holes that may allow California’s activist requirements and plaintiffs lawyers to proceed largely unimpeded, say Robert Falk and Peter Hsiao at Morrison & Foerster LLP.
The Toxic Substance Control Act's new testing mandates and relaxed protections for confidential business information will provide plaintiffs with government-generated ammunition to support even more "toxic soup" cases against chemical manufacturers, says Richard Morgan at Bowman and Brooke LLP.