Product Liability

  • August 30, 2016

    Plavix Ruling Cements Calif. As Center For Mass Torts

    The California Supreme Court’s ruling that state courts have jurisdiction to hear out-of-state residents’ claims that they were injured by Bristol-Myers Squibb Co.’s blood-thinner drug Plavix expands the scope of specific personal jurisdiction and cements the Golden State’s status as a battleground for mass torts, attorneys said on Tuesday.

  • August 30, 2016

    Dozens Barred From Suing Developer Over Septic Problems

    A New Jersey state judge on Tuesday dismissed consumer fraud claims brought against a developer by nearly four dozen homeowners over their inadequate septic systems, saying the claims are time-barred because the plaintiffs filed their complaints more than a decade after the homes were completed.

  • August 30, 2016

    Endo Vitamin Buyers Reach $15.5M Settlement Agreement

    People who bought Endo Health Solutions multivitamins that allegedly didn’t have as much fluoride as advertised on the label will share in a $15.5 million proposed settlement, according to documents filed in their proposed class action in New York federal court.

  • August 30, 2016

    Drivers Clash Over Consolidation Site Of Fiat Gearshift MDL

    Carmaker Fiat Chrysler Automobiles and groups of plaintiffs suing it over an alleged gearshift defect sparred Monday over where to centralize the many class actions, with some parties arguing for Michigan — the heart of the American automotive industry — and some for Colorado, a central location where the claims allegedly include the type that gets chosen for bellwethers.

  • August 30, 2016

    EPA OIG Starts Drinking Water Oversight Investigation

    The U.S. Environmental Protection Agency’s internal watchdog said Monday it is beginning an investigation into the EPA’s safe drinking water monitoring program, a move that comes on the heels of a lead-tainted drinking water crisis in Flint, Michigan.

  • August 30, 2016

    Judge Denies Bid To Vacate $1.2M Verdict In Fertilizer Suit

    A Utah federal judge told fertilizer maker Bio Tech Nutrients on Tuesday it can’t escape paying $1.2 million in damages in a suit brought by a fruit orchard that claimed its fertilizers ruined crops, saying just because the jury cleared the company of product liability claims doesn’t mean its products didn’t injure the plants.

  • August 30, 2016

    FDA Warning Wire: Drugmaker VP Removed During Inspection

    This week's top U.S. Food and Drug Administration enforcement news includes a pharmaceutical vice president removed from his position during an inspection, two consumer fatalities linked to lead-tainted dietary supplements, and unauthorized sales of ultracold “cryotherapy.” Here’s a rundown of the developments.

  • August 30, 2016

    Pfizer Wins Dismissal Of Zoloft Birth Defects Suit

    A state judge in West Virginia on Tuesday dismissed one of four remaining suits there alleging Pfizer's antidepressant Zoloft caused a Michigan girl's birth defects, ruling that the claims were not only unsupported by the evidence, they were preempted by federal law.

  • August 30, 2016

    Organic Food Co. Sues Chia Seed Suppliers Over Salmonella

    California-based Navitas LLC filed suit in New York federal court Monday alleging several companies sold it chia seed products that it repackaged and sold under its name, only to find out that they were contaminated with salmonella.

  • August 30, 2016

    Rainmaker Q&A: Patrick McNicholas

    The way I look at it, you’re never really making a pitch. You are entering into a potential relationship. Credibility is king. You must be in command of the facts of that client’s particular situation and in command of the law that’s going to govern that client’s issue, says Patrick McNicholas, a partner with McNicholas & McNicholas LLP.

  • August 30, 2016

    Toxic Tort Suit Not Barred By $5B Tronox Deal, 2nd Circ. Told

    A group of 4,300 Pennsylvania residents on Monday again urged the Second Circuit to revive their toxic tort lawsuit against Kerr-McGee Corp., arguing a $5.15 billion contamination settlement reached during the bankruptcy of its former subsidiary didn't bar the type of claims they're bringing.

  • August 30, 2016

    Builder Can Be Liable To Secondary Buyer, Pa. Court Says

    A Pennsylvania appeals court issued a published decision Monday finding that a homeowner’s purported reliance on a builder’s reputation cleared the way for claims under a state consumer protection law for allegedly faulty construction despite the lack of a formal relationship between the two.

  • August 30, 2016

    Apple Customers Say IPhone 6 Touchscreens Are Defective

    Apple Inc. customers have hit the tech giant with a proposed class action in California federal court alleging that the company has long known of a design defect in the iPhone 6 and iPhone 6 Plus that can cause the touchscreen to stop responding, saying Apple refuses to fix the issue.

  • August 30, 2016

    M&M Buyers Say 'Slack Fill' Suit Doesn't Flout Nutrition Act

    Consumers who say M&M Minis tubes are deceptively underfilled told a New York federal judge on Monday that there is no reason to move towards dismissal of their case, because their claims are not preempted by the Nutrition Labeling and Education Act.

  • August 30, 2016

    Actavis Wants Conspiracy Claim Nixed In Testosterone MDL

    Actavis on Monday asked an Illinois federal judge to reconsider letting Racketeer Influenced and Corrupt Organizations Act conspiracy charges stand in an insurer’s multidistrict litigation over fraudulent marketing for testosterone replacement drugs, arguing that the fact that Actavis entered into a promotion contract with co-defendant AbbVie Inc. doesn’t prove it knew AbbVie was allegedly engaged in illegal activity.

  • August 30, 2016

    Chicago Supplement Biz In FDA Hot Water Over Lead Levels

    The U.S. Food and Drug Administration said Monday it is investigating a Chicago supplement company after one of its products was found to contain dangerously high levels of lead.

  • August 30, 2016

    10th Circ. Won’t Revisit Rejected $1.6M Solar Arbitral Award

    A Chinese solar energy parts supplier whose $1.6 million arbitral award against a Colorado buyer was rejected by U.S. courts because the dispute notice was in Chinese failed Monday to convince the Tenth Circuit to revisit the conflict over allegedly shoddy parts.

  • August 30, 2016

    Fiat Chrysler Gets Claims Trimmed In Jeep Transmission Suit

    A New Jersey federal judge on Monday said a proposed class of Jeep owners suing Fiat Chrysler over allegedly faulty transmissions failed to show how the automaker hid the issues from consumers or did not meet its obligations to attempt to fix vehicles under warranty.

  • August 30, 2016

    Mondelez Wants Underfilled Sour Patch Box Suit Trashed

    Mondelez Global LLC urged a New York federal judge Monday to toss a proposed class action over allegedly underfilled Sour Patch Watermelon boxes, saying the space is necessary to accommodate the sticky candy and the rustling sound of the gummies shifting alerts consumers that the box isn’t full.

  • August 29, 2016

    HP Printer Buyers Urge Cert. Of Nationwide False Ad Class

    An attorney for a woman alleging Hewlett Packard falsely advertises certain laser printers as easy to install urged a California federal judge Monday to certify a nationwide class of online and in-store printer buyers, arguing all consumers were exposed to the same misleading advertising.

Expert Analysis

  • Reconciling The Practice With The Business Of Law

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    The tension between practicing law and managing the firm is giving way to the realization that the latter had been largely overlooked, meagerly funded, and often underappreciated, says Dr. James Bailey, a professor at George Washington University School of Business and the keynote speaker at the Legal Marketing Association Southeast conference in September.

  • Challenging No-Injury Class Actions In State Court

    Joshua Briones

    In the wake of the U.S. Supreme Court’s decision in Spokeo, some corporate defendants are concerned that successfully challenging plaintiffs’ Article III standing will merely cause them to refile in state court, which is traditionally viewed as less favorable. However, plaintiffs that cannot articulate a concrete harm in federal court are not likely to establish standing anywhere, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)

  • Funding Litigation And Treatment: Leveling The Playing Field?

    Kari L. Sutherland

    In an environment where many believe access to the courts can be at least somewhat dependent on a person’s financial viability, does outside financing of litigation level the playing field between the Davids and Goliaths? Or is it the resurrection of a practice that even the Athenians deemed impolitic? asks Kari Sutherland of Butler Snow LLP.

  • Beware Unsubstantiated Attacks On The 'Bare Metal' Defense

    Michael Haslup

    Defendants must be vigilant to prevent misinterpretation of the holding in May v. Air & Liquid Systems Corp., with respect to the “bare metal” defense in Maryland. The plaintiffs bar is chomping at the bit to broaden the duty to warn far beyond the appeals court's narrow holding, say Michael Haslup and Jonathan Huber of Miles & Stockbridge PC.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • E-Textiles: Regulating The Future Of Fashion

    Lois F. Herzeca

    While smart textiles promise to make our lives easier, more connected and healthier, they inevitably raise concerns about efficacy, safety and security. Sizing up the future of fashion is Lois Herzeca, co-chair of Gibson Dunn & Crutcher LLP's fashion, retail and consumer products practice group.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • OPINION: Overreaction Over 3rd-Party Class Action Funding

    Ralph Sutton

    A California district court's recent decision to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant in Gbarabe v. Chevron is being hailed as a ruling that will have a profound impact on the practice of third-party funding of class actions. However, a closer look at the ruling suggests the reaction may be overblown, say Ralph Sutton and Julia Gewolb at Bentham IMF.

  • New FDA 'Generally Recognized As Safe' Rule: What To Know

    Matthew Hegreness

    The U.S. Food and Drug Administration recently published its final rule on substances generally recognized as safe for their intended use in food, formalizing the voluntary GRAS notification procedure under which industry has operated for years and imposing certain requirements for such notifications that were not in place previously, say attorneys at Covington & Burling LLP.