Product Liability

  • July 22, 2016

    Minor Convictions In Acclarent Trial Raise Major Questions

    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.

  • July 22, 2016

    DC Transit Union Fights For Worker Fired In Smoke Disaster

    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.

  • July 22, 2016

    NBTY Vitamins Falsely Labeled 'Made In USA,' Consumer Says

    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.

  • July 22, 2016

    Trinity Pushes 5th Circ. To Reverse $663M FCA Judgment

    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.

  • July 22, 2016

    Shook Hardy Adds Litigation Partner, Of Counsel In Calif.

    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.

  • July 22, 2016

    GM Can Show Seat Belt Evidence At Ignition Switch Trial

    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.

  • July 22, 2016

    Iowa Justices Should Weigh Faulty-Work Coverage, Court Told

    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.

  • July 22, 2016

    Philip Morris Ruling Allows For Regulation, But Not Free Rein

    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.

  • July 22, 2016

    Roche Wins Appeal Of $18M Verdict In Accutane Suit

    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.

  • July 22, 2016

    Judge OKs $239M Class Settlement Over Faulty Guns

    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.

  • July 22, 2016

    Dog Bone Maker Can't Shake Most Of Pet Death Dispute

    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.

  • July 22, 2016

    Pa. Appeals Court Revives Hep C Lawsuits Against UPMC

    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.​

  • July 22, 2016

    WWE Gets Partial Win In Consolidated Concussion Suit

    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.

  • July 22, 2016

    J&J Unit Settles Sinus-Device FCA Suit For $18M

    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.

  • July 22, 2016

    Anti-Zika Spray Will Hurt Citizens, Puerto Rico Mayor Says

    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.

  • July 21, 2016

    J&J Unit Fails To Overturn $8M Hip Implant Verdict On Appeal

    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.

  • July 21, 2016

    5th Circ. Axes Insurers' Win In Botched Oil Well Dispute

    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.

  • July 21, 2016

    Tire Cos. Back Law Prof In Bid To Change Judge In PCB Suit

    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.

  • July 21, 2016

    EPA Pressed To Use New Powers To Tackle 10 Chemicals

    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.

  • July 21, 2016

    GM Might Have To Recall 4.3M More Cars Over Takata Air Bags

    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.

Expert Analysis

  • USDA Food Safety Data Plan Hints At Larger Institutional Goals

    Robert G. Hibbert

    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.

  • Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

    Christine R.M. Kain

    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.

  • DOT Oil Train Rule Proposes Costly Requirements

    J. Scott Janoe

    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.

  • FTC Finally Weighs In On 'All Natural' Labeling Claims

    Katrina M. Robson

    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 Attunes Dangerous Goods Transportation To US Rules

    Alan Harvie

    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.

  • REBUTTAL: NY Joins Everyone Else On Insurance Allocation

    John P. Winsbro

    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.

  • VPN Dilemma: Anonymous Expression Vs. Defamation

    Adam C. Sherman

    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.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    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.

  • TSCA Reforms Won't Help With Calif.'s Product Safety Issues

    Robert L. Falk

    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.

  • Defending Against A New Generation Of Toxic Torts

    Richard G. Morgan

    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.