Exxon Mobil Corp. said Tuesday that hydraulic fracturing has air and water contamination risks, but also has "widespread benefits," including job creation, reduced carbon dioxide emissions and improved energy security, according to a company report issued in response to shareholder demands.
A Pennsylvania federal judge on Tuesday upheld a Chapter 11 plan ending Pittsburgh Corning Corp.’s 14-year bankruptcy, finding that the “insurance neutral” reorganization won’t hamstring two Everest Re Group Ltd. carriers in related asbestos coverage litigation.
A former senior official with the U.S. Food and Drug Administration told a Philadelphia jury on Wednesday that Takeda Pharmaceutical Co. Ltd. had included all relevant information about potential links between its diabetes drug Actos and bladder cancer on labels for the medication.
A Massachusetts federal judge on Tuesday tossed a whistleblower’s suit accusing Covidien Ltd. subsidiary of, among other things, promoting off-label uses for its blood-blockage device, saying the suit was precluded by the public disclosure bar and a lack of evidence.
Crosby Valve LLC, a former subsidiary of FMC Corp., filed suit against its ex-parent company in Texas federal court Wednesday, arguing that FMC's agreement to defend asbestos litigation after the company was acquired by Tyco International Ltd. in 1998 should be transferred to a more recent merger by Pentair Valves & Controls Inc.
A California federal judge refused Tuesday to disqualify class counsel Cotchett Pitre & McCarthy LLP or decertify the class in a suit accusing Hewlett-Packard Co. of deceptively marketing printer ink, rejecting settlement objectors' claims that HP failed to disclose a conflict of interest with Cotchett.
Endo International plc said Tuesday that it has reached settlements with several of the remaining plaintiffs suing Endo’s American Medical Systems Inc. subsidiary over allegedly harmful vaginal mesh products, resolving “substantially all” of the claims in the case without admitting any liability or fault.
The U.S. Food and Drug Administration has warned Valeant Pharmaceuticals International Inc. over one of its wrinkle-treatment injection products, involving not its quality or safety but some of the practices of its contract manufacturers, the pharmaceutical firm said Tuesday.
House Democrats on Tuesday urged the U.S. Environmental Protection Agency to protect bees and other pollinating creatures by restricting the use of neonicotinoid pesticides, saying the recovery of their populations would be helped by such a measure.
California Gov. Jerry Brown on Tuesday signed a bill to allow consumers in the state to learn whether the furniture they intend to buy contain flame-retardant chemicals, which some studies have linked to health problems, including cancer.
A New Jersey appeals court on Tuesday rejected a group of excess insurers’ claims that they should be relieved from covering IMO Industries Inc. under a $1.85 billion insurance program for underlying asbestos claims, finding the excess insurers should not be allowed to revisit individual, settled claims where the defense has already been paid by the primary insurers.
The U.S. Food and Drug Administration on Monday reported a drop in warning letters related to quality-control violations during medical device production, a bright spot for manufacturers beset in recent years by aggressive enforcement.
Pacific Gas and Electric Co. was hit with a lawsuit in California federal court on Tuesday by a group of commercial herring fishermen and buyers who say the utility contaminated a number of San Francisco neighborhoods through old “highly polluting, low-tech” manufactured gas plants.
Three U.S. tobacco companies launched a blistering attack on Monday against a court order in a Racketeer Influenced and Corrupt Organizations Act case requiring them to publicly admit to a conspiracy to downplay cigarettes’ adverse health effects in order to boost sales, telling a D.C. Circuit panel that the phrasing in the proposed statements would “punish and humiliate” them.
A New York federal judge on Tuesday trimmed claims in a putative class action accusing Hyundai Motor America Inc. of equipping certain Sonata vehicles with defective brakes and refusing to cover repair costs, tossing claims for breach of contract and unjust enrichment but keeping the express warranty and state law claims in play.
The San Francisco Giants fan who won $15 million from the Los Angeles Dodgers after he was severely injured and subsequently disabled in a fan beating at Dodger Stadium sued the team again on Monday, alleging the Dodgers are seeking to profit off him by buying his $3.4 million medical lien for half-price.
Mitsubishi Fuso Truck of America Inc. was hit with a putative class action in New Jersey federal court on Monday, accusing the truck giant of installing a defective emissions control system in its diesel-powered, medium-duty trucks that causes various parts to fail and the trucks to lose power.
A Michigan federal judge refused Tuesday to grant a Canadian wax supplier an early exit from a suit over Kellogg Co.’s allegedly defective cereal liners, saying a jury must decide if the cereal maker can prove warranties were breached in the case.
A Georgia federal judge has let National Trust Insurance Co. off the hook from reimbursing Standard Contractors Inc. for more than $430,000 in losses stemming from a botched pool renovation project at Moody Air Force Base, finding the contracting company did not establish the insurer had a duty to provide defense or indemnification.
Cargill Inc. on Monday was awarded a $9 million verdict by a Nebraska federal jury in its dispute with a beef-packing company that it accused of selling it beef products tainted with E. Coli that put Cargill on the hook for $26 million in costs, including victim settlements.
At first blush, hundreds or thousands of customer complaints may seem like an overwhelming number to a jury. But when viewed in context of hundreds of thousands or millions of vehicles on the road, and all of the various unrelated complaints made against them, the rarity of the complaints about the vehicle and issue in question may actually help convince the jury of the absence of a defect, say Kyle Wallace and Jason Rottner of Alston & Bird LLP.
This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.
The multiplicity of perspectives in the D.C. Circuit's en banc ruling in American Meat Institute v. U.S. Department of Agriculture leaves open the possibility that the case may reach the U.S. Supreme Court and, in the meantime, stand for a broad proposition that government may compel virtually any commercial speech, say attorneys at Crowell & Moring LLP.
In Prevor v. Food and Drug Administration, the D.C. District Court held against the FDA's interpretation of the definition of a medical device included in the Federal Food, Drug and Cosmetic Act. Going on now for five years, the case raises the question — is it time for Congress to act? says Suzanne O'Shea of Faegre Baker Daniels LLP.
The impact of the U.S. Department of Transportation's proposed rules on crude oil and ethanol rail shipment safety standards will cost industry stakeholders billions of dollars and operational requirements are likely to result in transportation delays and concomitant increased costs for carriers and shippers, say attorneys at Davis Graham & Stubbs LLP.
Foreseeability continues to be the most important consideration in "take-home" asbestos exposure cases and Bootenhoff v. Hormel Foods Corp. demonstrates the importance of the time frame of the employee’s alleged exposure in cases based on negligence, say attorneys at Miles & Stockbridge PC.
Had the court in Plantation Pipe Line Co. v. Highlands Insurance Co. sided with Highlands it would be difficult for policyholders to settle with underlying insurers for less than applicable limits without risking forfeiture of higher level coverage, say Kay Brady and Denise Yasinow of K&L Gates LLP.
Given the prevalence of corporate integrity agreements in the drug and medical device space, Public Citizen v. U.S. Department of Health and Human Services is a victory for industry — companies subject to such agreements will rely on this case when faced with plaintiffs seeking sensitive information with the Freedom of Information Act, says James Beck of Reed Smith LLP.
15th Place Condominium Association v. South Campus Development Team LLC has far-reaching, industrywide implications because it improves a developer’s indemnity rights against contractors in construction defect cases, says Shelley Smith of Udell Pomerantz & Delrahim Ltd.
Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.