Product Liability

  • June 30, 2016

    Fuddruckers Gets Nod To Settle Beef Over 'Kobe' Burgers

    Fuddruckers restaurant on Thursday received tentative approval of a settlement resolving claims it falsely advertised burgers as containing a famed Japanese beef when a California judge greenlighted a deal providing vouchers to potentially tens of thousands of affected customers and banning unqualified use of the Kobe label.

  • June 30, 2016

    Tesla Reports 1st Self-Driving Car Death Amid NHTSA Probe

    The National Highway Traffic Safety Administration is investigating Tesla Motors Inc.'s Autopilot in the wake of what is believed to be the first death involving a Tesla Model S in self-driving mode, the carmaker said Thursday.

  • June 30, 2016

    Tobacco Cos. Owe $4.7M For Woman's Cancer, Jury Told

    The son of a woman who developed lung cancer and emphysema after decades of smoking urged a Florida jury Thursday to award her estate $4.7 million plus punitive damages against R.J. Reynolds and Philip Morris, saying the tobacco companies concealed the dangers of tobacco use until she was hopelessly addicted.

  • June 30, 2016

    Revlon Inks $900K Deal In 'DNA Advantage' Makeup Row

    Revlon Consumer Products Corp. asked a New York federal judge Thursday to sign off on a $900,000 deal in a proposed class action alleging that the company misled consumers into thinking its “DNA Advantage” product line could actually alter skin cells’ genetic code.

  • June 30, 2016

    Fluidmaster Slams Nationwide Cert. Bid In Pipe Bursting MDL

    Fluidmaster on Wednesday sought to shut down consumers’ certification bid in multidistrict litigation accusing the company of making faulty water supply lines that caused millions of dollars in water damage, telling an Illinois federal judge the group lacks commonality and exceeds the scope of the California law they're suing under.

  • June 30, 2016

    Honda, Acura Owners Warned To Fix Takata Air Bags ASAP

    Federal regulators on Thursday warned more than 300,000 Honda and Acura car owners that the Takata air bags in their vehicles have a particularly high chance of rupturing and need to be repaired immediately.

  • June 30, 2016

    Sen. Chides NHL Commish For 'Dismissive' CTE Comments

    U.S. Sen. Richard Blumenthal is pressing National Hockey League Commissioner Gary Bettman for answers about the league’s stance on concussions, amping up public and political pressure on the sport as it faces sweeping multidistrict litigation over head injuries.

  • June 30, 2016

    Schumer Urges Emergency DOT Rule On Crude Oil Trains

    U.S. Sen. Chuck Schumer, D-N.Y., on Wednesday urged the U.S. Department of Transportation to issue an emergency order requiring highly flammable crude oil to be made less volatile before being shipped through New York, a safety precaution in light of a recent train derailment in Oregon.

  • June 30, 2016

    EPA Needn't Mandate Pesticide Disclosure, Calif. Judge Says

    A California federal judge held Wednesday that the U.S. Environmental Protection Agency didn’t act arbitrarily by effectively denying a petition to force certain inert ingredients to be listed on pesticides, concluding that the agency is allowed to impose such a requirement but isn’t obligated to do so.

  • June 30, 2016

    PerkinElmer Faces Suit Over ‘Dismal’ Drug Test Devices

    A group of medical providers has slapped PerkinElmer's health sciences division with a lawsuit in Massachusetts state court accusing the lab technology company of selling a drug-detection machine with a "dismal performance."

  • June 30, 2016

    RICO Claims Don't Hold Up In Abbott Off-Label Use Suit

    An Illinois federal judge held Wednesday that Racketeer Influenced and Corrupt Organizations Act claims over Abbott Laboratories' alleged off-label promotion of seizure drug Depakote fail because two health benefit plans didn’t show a sufficiently direct link between the company’s misrepresentations and their injuries.

  • June 30, 2016

    Monsanto Can't Nix Herbicide Cancer Suit

    Claims by a husband and wife alleging Monsanto Co.’s Roundup brand weed killer causes cancer are neither barred by an expired statute of limitations, nor preempted by federal law and can proceed, a Hawaii federal judge concluded on Wednesday.

  • June 29, 2016

    Ikea's 29M Dresser Recall Shows CPSC Repair Push Failed

    Ikea’s announcement that it is recalling 29 million dressers prone to toppling over and crushing children comes nearly a year after a Consumer Product Safety Commission campaign to repair the dressers, but the agency’s puzzling decision to not call that initiative a recall muffled its initial impact, attorneys say.

  • June 29, 2016

    Daikin Nears Nixing Defective Air Conditioner Row, For Now

    A California federal judge on Wednesday tentatively dismissed a putative class action from condo owners claiming air conditioners made by a Daikin unit are defective and require repairs, but indicated she’d grant a fourth chance to make claims based on a warranty the owners only recently obtained.

  • June 29, 2016

    Hawaii Escapes Plavix MDL Discovery Agreement

    Bristol-Myers Squibb Co. and Sanofi-Aventis U.S. LLC on Wednesday were denied a bid to hold Hawaii to a discovery coordination agreement in multidistrict litigation over allegedly misleading marketing of the blood thinner Plavix, according to New Jersey federal judge’s order.

  • June 29, 2016

    Consumer Stands By Melitta Coffee Labeling Class Claims

    A consumer blasted Melitta USA Inc.’s bid to escape a proposed class action alleging it uses deceptive labels and marketing to fool consumers into believing its coffee is naturally flavored, arguing Wednesday in Florida federal court that she plausibly pleaded her claims.

  • June 29, 2016

    Judge Nixes PG&E Bid To Ax Evidence In Pipeline Blast Trial

    A California federal judge on Wednesday refused a bid by Pacific Gas & Electric Co. to block a swath of evidence from its criminal trial over claims it deliberately mishandled records of a San Bruno pipeline, leading to a deadly 2010 explosion, calling it premature and chastising the utility for seeking to revisit a prior order.

  • June 29, 2016

    NHL Concussion MDL Exec. Committee Gets Two New Attys

    Two attorneys were added Tuesday to the executive committee for a class of former National Hockey League players who allege the league hid the harmful long-term effects of head injuries and concussions amid discovery disputes, according to court documents.

  • June 29, 2016

    Lipozene Buyer Seeks Class Cert. In False Advertising Row

    A woman who purchased the allegedly ineffective weight loss supplement Lipozene asked a California federal court Wednesday to certify a class of buyers in a suit accusing the supplement's maker and marketer of ignoring a 2005 injunction to stop making false claims about its efficiency.

  • June 29, 2016

    Plavix FCA Suit Revived After High Court's Escobar Ruling

    A New Jersey federal judge on Wednesday reopened a False Claims Act suit against Sanofi-Aventis US LLC and Bristol-Myers Squibb Co. following the U.S. Supreme Court’s recent Escobar ruling that liability under the statute can be triggered by failure to comply with regulations that aren't explicit conditions of payment.

Expert Analysis

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • Product Liability Law Will Adapt To Driverless Car Regs

    Abby L. Sacunas

    Driverless cars will undoubtedly change the regulatory landscape governing the vehicle manufacturing industry, but while the fact pattern for autonomous vehicle product liability claims may be slightly different from those we see in the transportation industry today, the same issues will likely remain the focus of litigation, says Abby Sacunas at Cozen O’Connor.

  • Kindly Rethinking FDA's Definition Of 'Healthy'

    Jennifer Yang

    In response to both a recent proposal and a 2015 citizen petition initiated by Kind LLC, the U.S. Food and Drug Administration’s willingness to potentially update its conception of “healthy” is consistent with recent updates to labeling rules and makes clear the agency is engaged with and adapting to changes and developments in nutrition science, say attorneys at Proskauer Rose LLP.

  • Potassium Chloride Should Be Potassium Salt On Food Labels

    Ashlee M. Knuckey

    The recent citizen petition asking the U.S. Food and Drug Administration to consider "potassium salt" as equivalent to "potassium chloride" on food labels will lead to consumer acceptance of potassium chloride, which will in turn further the FDA's goals of lowering sodium and increasing potassium consumption, says Ashlee Knuckey at Locke Lord LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • New Pipeline Safety Law Needs A Push From Industry

    Michael K. Friedberg

    The Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 allows very little time to act before the Pipeline and Hazardous Materials Safety Administration's next authorization period will ramp up. Furthermore, a change in administration will undoubtedly give rise to new initiatives, priorities and pushes for additional requirements, which may cause existing unfulfilled mandates to remain unresolved, say attorn... (continued)

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • Salmon Sets Stage For Future GMO Labeling Regime

    Benjamin M. Zegarelli

    For businesses that develop, produce, import, distribute or sell genetically modified or genetically engineered foods, the U.S. Food and Drug Administration's decision regarding the mandatory labeling of genetically engineered salmon is more than just academic. It could very well set the course for the nation’s policies in this area for decades to come, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Damage Analysis Is Key To Settling Complex Cases

    Karen Willcuts

    An understanding of the damage model and the facts and figures to back it up is crucial to a successful mediation in commercial cases. This is true for both plaintiffs counsel and defense counsel, says Karen Willcutts, former associate judge for Dallas County and an arbitrator at JAMS ADR.

  • Why Class Defendants Should Consider Venue Transfers

    Cathy Moses

    Class action defendants litigating in an inconvenient forum should consider presenting arguments in favor of transferring the action to another venue, as a successful venue motion can deflate some momentum that the class might appear to have at the outset of the case, says Cathy Moses at Irell & Manella LLP.