Product Liability

  • May 22, 2015

    DOJ Finds Criminal Wrongdoing In GM Ignition Switch Probe

    Federal authorities have reportedly identified criminal wrongdoing in their investigation of General Motors Co. over faulty ignition switches linked to more than 100 deaths and are working out details of what could be a record settlement.

  • May 22, 2015

    Centex's Atty Choice Claims Unripe, Calif. Court Affirms

    A California appellate court upheld a lower court's dismissal of Centex Homes' claims that a Travelers Cos. unit is manipulating its defense in an underlying construction defect suit, thereby entitling it to independent counsel, holding on Friday that the builder didn't sufficiently back up its allegations.

  • May 22, 2015

    Texas Senate Passes Bill Raising Bar On Asbestos Claims

    The Texas State Senate on Thursday passed a bill that would require plaintiffs alleging asbestos damages against a bankrupt company to file a trust claim before lodging a suit, while giving asbestos courts more leeway to stay a trial in such a case, clearing a final hurdle before the bill is sent to the governor's desk to be signed into law.

  • May 22, 2015

    Philly Zoloft Trial Can Shape Expert Testimony In MDL

    The second bellwether trial over the alleged birth defect risks of Pfizer Inc.'s antidepressant Zoloft begins at the end of this month in a Pennsylvania state court, and attorneys say the success of the expert testimony could make or break plaintiffs' chances in the Zoloft multidistrict litigation playing out in federal court.

  • May 22, 2015

    Deepwater Deal Stiffs Cash Businesses, Claimants Say

    Several business owners complained on Thursday that they are being edged out of the $9.2 billion Deepwater Horizon oil spill settlement because much of their sales were in cash, blasting the claims administrator for his allegedly shifting views on the evidence necessary to take part in the deal.

  • May 22, 2015

    Citgo To Pay EPA Fine Over Texas Plant Violations

    Citgo Refining and Chemicals Co. has agreed to pay more than $380,000 after the U.S. Environmental Protection Agency found equipment, operation, training and other violations in a Corpus Christi, Texas, facility in 2012, the agency said Friday.

  • May 22, 2015

    Hagens Berman In Hot Seat Over Dropped GSK Suits

    Hagens Berman Sobol Shapiro LLP is fighting tooth and nail to stop a special master from questioning 31 of its clients on their decision to drop birth defect suits in Pennsylvania federal court against GlaxoSmithKline, saying the move would violate attorney-client privilege. But there is precedent for inquiries into plaintiffs firms’ conduct, especially in the context of tort litigation gone awry.

  • May 22, 2015

    Judge Advises Cutting Pfizer, Others From Navy Asbestos Suit

    A Delaware magistrate judge recommended Friday that five more defendants join the nine she already said should be nixed from a former U.S. Navy shipyard worker’s lawsuit alleging dozens of government contractors contributed to his asbestos exposure and resulting mesothelioma.

  • May 22, 2015

    6th Circ. Upholds GE's Win In Omniscan Suit

    The Sixth Circuit affirmed Friday that Tennessee’s one-year statute of repose barred a woman’s claims against General Electric Co. alleging she contracted a rare kidney condition after taking Omniscan, a drug the company developed to distinguish body parts in MRI scans.

  • May 22, 2015

    Conrail Slams Punitive Damages Bid Over 2012 NJ Derailment

    Consolidated Rail Corp. and other railroad companies kept up their assault on federal lawsuits over a 2012 derailment and chemical spill in Paulsboro, New Jersey, contending Friday that the plaintiffs cannot back up their claims for punitive damages.

  • May 22, 2015

    Mazda, Mitsubishi, Subaru Add 700K Vehicles To Takata Recall

    Three Japanese automakers announced Friday that they are adding more than 700,000 vehicles to their recalls of cars possibly defective air bags made by Takata Corp., days after the air bag manufacturer doubled the U.S. recall to 34 million.

  • May 22, 2015

    Operations Suspended On Ruptured Line In S. Calif. Oil Spill

    The Pipeline and Hazardous Materials Safety Administration on Friday ordered Plains All American Pipeline LP to suspend operations and make safety improvements on a line that recently ruptured near Santa Barbara, California, and released an estimated 105,000 gallons of oil underground.

  • May 22, 2015

    DC Circ. Scales Back Cigarette Warnings Order

    The D.C. Circuit on Friday overturned part of a 2006 district court order requiring Philip Morris USA Inc. and two other tobacco companies to issue public statements about their past cigarette advertising, saying the lower court overstepped its authority.

  • May 22, 2015

    FDA Report Finds Flaws In Jeni's Listeria Response

    Jeni’s Splendid Ice Cream has failed to keep its Cincinnati manufacturing facility clean or conduct proper microbial testing in the wake of a listeria scare that prompted the company to recall all of its products nationwide, according to a U.S. Food and Drug Administration report released Friday.

  • May 22, 2015

    Ram Towing Power Class Action Is 'Legally Infirm,' FCA Says

    Automaker FCA US LLC told a South Carolina federal court Friday that a putative class action accusing it of misrepresenting the towing power of certain Dodge Ram trucks is “legally infirm,” tangling up contract allegations with non-contract causes of action.

  • May 22, 2015

    Bluestone Says Sanctions In Illegal Mining Row 'Red Herring'

    Bluestone Coal Corp. shot back in West Virginia federal court on Thursday at a subsidiary of rival Cliffs Natural Resources Inc.’s sanction motions for destroying evidence, calling it a “red-herring argument” and a waste of court resources.

  • May 22, 2015

    Insurer Says Defective Jeep Caused Massive Calif. Wildfire

    An insurance company sued Chrysler Group LLC on Thursday in federal court, alleging that the automaker caused a massive California wildfire that consumed 7,000 acres and destroyed 122 homes by failing to recall an allegedly defective Jeep Wrangler that it claims sparked the blaze.

  • May 22, 2015

    Salmonella May Be Linked To Raw Tuna In Sushi, CDC Says

    Fifty-three people in nine states, including California and Arizona, have contracted salmonella in an outbreak most likely linked to sushi made from raw tuna, the Centers for Disease Control said Thursday.

  • May 22, 2015

    NY DEC Backs Up On Tar Sands Facility Over Enviro Concerns

    The New York Department of Environmental Conservation said Thursday it plans to rescind its partial approval of a permit to build an oil-heating facility at the Port of Albany, citing concerns raised by the U.S. Environmental Protection Agency and environmental groups.

  • May 22, 2015

    Gray Hair Product Co. To Pay FTC $2M Over False Ads

    A New Jersey company agreed Wednesday to stop selling its gray hair reversal product and pay $2 million in damages to the Federal Trade Commission to resolve a suit claiming the product misled consumers about its ability to reverse or prevent gray hairs.

Expert Analysis

  • New Food Recall Guidance May Signal Tougher FDA

    John Fuson

    To date, the U.S Food and Drug Administration has made only light use of its mandatory recall authority, but by offering new draft guidance on recalls, the FDA may be signaling its intent to more aggressively exercise this authority, say John Fuson and Chalana Williams of Crowell & Moring LLP.

  • US Loses COOL In WTO Dispute

    Duane W. Layton

    The World Trade Organization Appellate Body issued its long-awaited report rejecting the United States' efforts to remedy its country-of-origin labeling requirements for imported beef and pork products. If the United States allows its current COOL measure to continue in violation of its WTO obligations, Canada and Mexico may seek authorization to impose retaliatory measures, say Duane Layton and Kelsey Rule of Mayer Brown LLP.

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.

  • Texas Contractors, With Immunity And Liability For Some

    John R. Hawkins

    In a case of first impression, the Texas Supreme Court's refusal to extend sovereign immunity to a private engineering company in Brown & Gay Engineering Inc. v. Olivares is a reminder that the principle's rationale is to guard against unforeseen government expenditures incurred in defending lawsuits and paying judgments that divert public funds from their allocated purposes, says John Hawkins of Porter Hedges LLP.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Colo. Lone Pine Case Is Setback For Fracking

    Carl J. Pernicone

    After the Colorado Supreme Court's ruling in Antero Resources Corp. v. Strudley, hydraulic fracturing defendants are likely to see an increase in defense costs, fewer dismissals and fewer early settlements. Had it won, industry could have used the decision to secure early dismissals of fracking suits or, at minimum, force plaintiffs to choose — and stick with — a case theory, say attorneys at Wilson Elser Moskowitz Edelman & Dicker LLP.

  • No Rocky Road For This Ice Cream Product Recall

    Jennifer M. Mountcastle

    It remains to be seen whether any litigation related to the listeria outbreak linked to Jeni’s Splendid Ice Creams' products will be filed. However, the company’s actions during the recall have undermined a number of arguments plaintiffs' counsel often make in recall-spawned litigation and may serve as a case study on how to conduct a proper recall, says Jennifer Mountcastle of Thompson Hine LLP.

  • Sweet Home No More, Innovator Liability Leaves Alabama

    James W. Huston

    The pharmaceutical industry will find Alabama's recent law overturning the state supreme court's ruling in Wyeth Inc. v. Weeks on innovator liability helpful in reducing liability exposure where the innovator drug company had no role in manufacturing the drug that caused the underlying injury, say attorneys of Morrison & Foerster LLP.

  • Reliance On Dated Tech Won't Prevent Plane Crashes

    Michael Slack

    Think of the lives that could have been saved in the Malaysia 370 and Germanwings 9525 situations if a peril alert system had taken over control and given ground-based operators the opportunity to intervene and attempt a safe recovery. The technology to implement such systems is available and it is time to eliminate the decades-old practice of looking to the past to solve today’s safety problems, says Michael Slack, founder of Slac... (continued)

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.