Product Liability

  • December 2, 2016

    Plaintiffs Seek Consolidation In Meningitis Outbreak Case

    Four patients and four relatives of deceased victims asked a federal judge Thursday to consolidate their cases against a Maryland surgery center that allegedly injected them with meningitis-tainted steroids connected to a Massachusetts pharmacy.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Chrysler, Bosch Face Emissions Suit Over 'EcoDiesel' Models

    The American unit of Fiat Chrysler Automobiles NV and German auto parts manufacturer Robert Bosch GmbH were slammed with a proposed class action in California federal court Thursday over the alleged use of illegal “defeat devices” in Dodge Ram and Grand Cherokee models marketed as “EcoDiesel.”

  • December 1, 2016

    Calif. High Court Creates Take-Home Asbestos Liability

    The California Supreme Court on Thursday held that employers can be held liable for injuries caused by secondhand asbestos exposure suffered by the household members of employees exposed to the material, ruling employers have a duty to prevent their workers from carrying asbestos home with them. 

  • December 1, 2016

    Conn. High Court To Hear Sandy Hook Families' Gun Appeal

    The Connecticut Supreme Court has agreed to directly hear an appeal from the families of victims of the Sandy Hook Elementary School shooting, whose case against Bushmaster AR-15 rifle maker Remington was dismissed by a state court judge in mid-October after a finding of immunity under federal law.

  • December 1, 2016

    Attys Lose $35K Fee After 7th Circ. Orders New Analysis

    A team of personal injury lawyers lost a $35,000 contingency fee award in the Seventh Circuit on Thursday when a panel found that a lower court judge didn’t look at the value of their services in granting the award stemming from a settlement over defective hip implants from DePuy Orthopedics.

  • December 1, 2016

    Experts Hampered In Depakote Birth Defect Trial, Mom Says

    A mother alleging her child's birth defects were caused by Abbott Laboratories Inc.'s anti-seizure drug Depakote pressed the Sixth Circuit for a new trial, saying Thursday the lower court wrongly limited crucial testimony from three doctors who have called the medication's warning labels inadequate.

  • December 1, 2016

    DOL Botched Coal Miner Black Lung Ruling, 6th Circ. Says

    The Sixth Circuit on Thursday reversed a U.S. Department of Labor ruling that a coal miner was automatically entitled to black lung benefits, saying there was no evidence that the miner worked long enough to be eligible for the automatic disability presumption under the Black Lung Benefits Act.

  • December 1, 2016

    Engineer In Metro-North Derailment Sues For Negligence

    The engineer who reportedly fell asleep while operating a Metro-North commuter train that derailed in the Bronx, New York, in December 2013, killing four people, sued the railroad for negligence in Manhattan federal court Thursday, seeking $10 million and claiming the railroad’s shoddy systems caused the accident.

  • December 1, 2016

    Magnet Co. Gets $5.5M Fine For Toys With Recalled Parts

    A Colorado federal judge has slapped Zen Magnets LLC with a $5.5 million fine for illegally selling magnets that had already been recalled by another company, the Justice Department announced Thursday.

  • December 1, 2016

    Jeep Owners Fight 9th Circ. Cert. Ruling Publication Bid

    A decertified class of Jeep owners accusing a Fiat Chrystler unit of selling vehicles with defective windows urged the Ninth Circuit on Wednesday not to publish the court's ruling as requested by the automaker, saying the six-page decision did nothing to alter an existing rule of law in any way.

  • December 1, 2016

    Fat-Freezing Licensee Says Spa Is Infringing

    Fat-freezing technology company Zeltiq Aesthetics Inc. filed suit on Thursday against Total Body Laser Skin Care LLC in Wisconsin federal court, saying the rival infringes its intellectual property.

  • December 1, 2016

    3rd J&J Hip Implant Bellwether Delivers $1B Verdict

    A Texas federal jury on Thursday found Johnson & Johnson’s DePuy Orthopaedics Inc. unit liable for more than $1.04 billion in a six-plaintiff bellwether trial targeting metal-shedding artificial hips that are part of its Pinnacle line, dwarfing the $150 million verdict J&J is on the hook for after a previous bellwether.

  • December 1, 2016

    Wells Fargo Sues Over Faulty Air Conditioning Unit

    Wells Fargo Bank slapped an air conditioner manufacturer and several installation companies with a breach-of-contract lawsuit in New York federal court on Wednesday, saying a faulty set up of a shoddy unit lead to a coolant leak and more than half a million dollars in property damage at a Manhattan branch.

  • December 1, 2016

    Consumers Say L’Oréal Hair Fixer Can't Fix Hair

    L’Oréal USA Inc. was sued Wednesday by a putative class of consumers who say one of its products couldn’t repair damaged hair as advertised.

  • December 1, 2016

    FDA Nabs $4M In Milk Powder, Citing Salmonella Concerns

    The U.S. Food and Drug Administration has seized more than 4 million pounds of milk powder from a Virginia dairy producer after an investigation turned up poor sanitary conditions and the possible presence of salmonella, according to a statement by the agency on Wednesday.

  • November 30, 2016

    DuPont Judge Eyeing Multi-Plaintiff Trials In Teflon Cases

    The judge overseeing a multidistrict litigation against DuPont over dumping of an allegedly cancer-causing former Teflon ingredient may begin to bundle cases for trial, a practice corporations often resist, documents revealed Wednesday.

  • November 30, 2016

    $20M Verdict Excessive In RJR Smoking Case, Fla. Panel Says

    R.J. Reynolds Tobacco Co. won a reversal Wednesday of a $20 million jury verdict for the daughter of a lifelong smoker who died of cancer, as a Florida appeals court found the award was out of the norm and excessive for an independent adult child of a victim.

  • November 30, 2016

    EPA Outlines Plan To Improve US Drinking Water Safety

    The U.S. Environmental Protection Agency on Wednesday unveiled a plan to help improve the quality of drinking water in the United States by protecting drinking water sources and tightening oversight of regulatory frameworks.

  • November 30, 2016

    Plaintiffs Seek Big Punitives In 3rd J&J Hip Implant Trial

    In closing arguments after a two-month bellwether trial over a Johnson & Johnson unit's hip implants, six plaintiffs in the multidistrict litigation asked a Texas federal jury Wednesday to hit the company with a punitive award large enough to force it to change its ways.

Expert Analysis

  • Making 'Made in USA' Labels Great Again

    Annie Cai Larson

    What makes a product “Made in USA?” The Federal Trade Commission has a set of standards governing such claims, and has stepped up enforcement in recent years. But courts have disagreed on how to interpret the FTC's rules, and state statutes complicate the picture further, say Annie Cai Larson and Mitchell Morris of McGuireWoods LLP.

  • Judge Cries Foul On MLB Protective Netting Class Action

    Steve Cernak

    Unfortunately for the plaintiffs, because they failed to show that there was a credible or immediate threat that they would be struck by a foul ball while attending a future MLB game, the court dismissed their allegations on Article III standing grounds, and therefore avoided the thornier issues regarding the continuing applicability of the Baseball Rule to the modern sport of baseball, say Steve Cernak and Matthew Kennison of Schiff Hardin LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Sugar Industry Documents May Impact Litigation

    Heather Counts

    Litigation targeting products that contain added sugar is on the rise, and plaintiffs attorneys are expanding their playbook. Public health researchers are analyzing internal sugar industry documents for evidence of attempts to influence policy and more. With researchers turning their focus to sugar, food and beverage makers should be on high alert, say Heather Counts, Liz Blackwell and Sue Werstak of Thompson Coburn LLP.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • What If The Government Says A False Claim Isn't False?

    Mark Strauss

    The False Claims Act lets whistleblowers with evidence of fraud against the government bring civil suits and recover damages on the government’s behalf. But what if a government agency denies being defrauded, and declares its willingness to keep paying the allegedly false claims? This question — which may be relevant under the Trump administration — is raised by Harman v. Trinity, now before the Fifth Circuit, says Mark Strauss of ... (continued)

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • The Case Of The Missing Product: What Can A Defendant Do?

    Kevin Sloan

    You get served with a citation in a new products suit. The facts do not look good. But the product itself has been destroyed or misplaced, and is not available for inspection. What happens next? There are substantively powerful and potentially cost-effective procedural paths to go down that can advantageously position a manufacturer’s defenses, says Kevin R. Sloan of Manion Gaynor & Manning LLP.

  • Plumlee V. Pfizer: Don’t Underestimate Statute Of Limitations

    Steven Boranian

    In an opinion that the Ninth Circuit filed recently in a prescription antidepressant class action, the court held that California’s discovery rule did not extend the plaintiff’s time to sue. A closer look at the case reveals how a lack of diligence can doom a lawsuit when the clock is ticking, says Steven Boranian of Reed Smith LLP.