Product Liability

  • September 30, 2016

    J&J Faces Hip MDL Trial Amid Series Of Pro-Plaintiff Rulings

    Johnson & Johnson will return to Dallas federal court Monday for a third bellwether trial in multidistrict litigation over its hip implants after a blockbuster $502 million verdict in March, with lawyers watching to see if the proceeding will add to a string of controversial pro-plaintiff rulings the company is fighting on appeal.

  • September 30, 2016

    DOJ Says Execs' Convictions Unrelated To Free Speech

    The federal government urged a Boston federal judge Friday to uphold the misdemeanor convictions of two former Acclarent Inc. executives for flouting medical device safety law, saying the executives' contention that the government violated their free speech rights is "without merit."

  • September 30, 2016

    VW Inks $1.2B Deal With Dealers In Diesel Emissions Case

    Volkswagen AG has agreed to pay up to $1.2 billion in cash to resolve claims brought by more than 650 franchise dealerships claiming the automaker's diesel emissions scandal hurt the value of their businesses, according to documents filed Friday in California federal court.

  • September 30, 2016

    Lawmakers Push NJ Transit To Speed Safety Plan After Crash

    In the wake of the fatal New Jersey Transit commuter train crash in Hoboken, transportation officials on Friday fielded demands by lawmakers to implement federally mandated safety controls designed to reduce the risk of high-speed crashes.

  • September 30, 2016

    Tempur-Sealy Mattress Buyers Class Cert Claims Bounced

    A California federal judge on Friday refused to grant certification to a class of Tempur-Pedic mattress buyers accusing the bedmaker of lying in marketing materials about harmful fumes wafting from the beds that made some customers sick.

  • September 30, 2016

    Sherwin-Williams Slashes $40M Suit Over Ikea Coatings

    A Tennessee federal judge wiped out three-quarters of a $40 million suit brought by a former Ikea contractor against The Sherwin-Williams Co. over supply deals on Friday, clearing the paint-and-coatings company of acting “intentionally, fraudulently, maliciously or recklessly” while noting many facts are still disputed.

  • September 30, 2016

    RJ Reynolds Escapes Most Blame In $6M Death Verdict

    In an unusually conflicted verdict, a Florida jury has awarded $6.4 million to the family of a smoker who died of lung disease and found R.J. Reynolds owed punitive damages, but concluded the smoker himself was mostly responsible for his own death and during the punitive phase awarded $0.

  • September 30, 2016

    Chevron Fire Docs Protected By Attorney-Client Privilege

    The U.S. Environmental Protection Agency can't share with an environmental nonprofit all records listed in its Freedom of Information Act request, related to the investigation into a Chevron Corp. explosion that injured thousands of people, saying some of those documents are protected by attorney-client privilege, a D.C. federal judge ruled Friday.

  • September 30, 2016

    FCA, Nissan, Others Escape Risky Keyless Fobs Suit

    A California federal judge on Friday tossed five related consumer fraud class actions against automakers including Ford and Toyota by owners accusing the car manufacturers of installing keyless fob systems without proper safeguards and warnings, finding that the drivers had no leg to stand on.

  • September 30, 2016

    Patients Blast Cook's Bellwether Pick In Vein Filter MDL

    Patients in multidistrict litigation alleging they were injured by Celect vein filters made by Cook Medical Inc. urged an Indiana federal court Friday to reject the company's bid to select the second bellwether case in a row, saying Cook's second pick is too similar to the first.

  • September 30, 2016

    BP Urges 9th Circ. Not To Revive Shareholders' Pipeline Suit

    BP PLC on Friday urged the Ninth Circuit not to revive a class action accusing it of misleading shareholders about a corroding Alaska pipeline that ended up spilling tens of thousands of gallons of crude oil into the ocean, arguing the shareholders don’t have standing.

  • September 30, 2016

    Law School No Proof Of Future Pay In Botched Surgery Case

    A California appeals court on Thursday affirmed a trial court’s rejection of a jury’s $730,000 award for future earnings losses to an aspiring lawyer who underwent botched surgery at Cedars-Sinai Hospital, ruling admittance to Suffolk Law School wasn’t sufficient evidence to assume a future career in law.

  • September 30, 2016

    Ex-MSU Football Player Joins Pileup Of Concussion Suits

    An ex-Missouri State University football player on Friday piled onto the concussion-related lawsuits pending against the National Collegiate Athletic Association in Indiana federal court with his own proposed class action, saying that the association knew about the dangers of repeated head injuries for decades but did little to help student-athletes.

  • September 30, 2016

    Miracle-Gro CEO Faces Leaner Tainted Bird Seed Suit

    A California federal court Thursday trimmed some warranty breach and state-based claims from a proposed class action against Scotts Miracle-Gro Co.'s CEO for his alleged role in selling pesticide-laced bird seed, letting some claims stand and rejecting his argument that the court lacked personal jurisdiction.

  • September 30, 2016

    Del. Judge Denies Quick Wins In Device Co.'s Coverage Battle

    A Delaware judge refused Thursday to rule on whether RSUI Indemnity Co. owes Medical Depot Inc. coverage for a class action complaint alleging the medical device company misrepresented the quality of its full-body slings.

  • September 30, 2016

    Claims Against Nissan Trimmed In Takata MDL

    A Florida federal judge on Friday shaved off numerous claims against Nissan in multidistrict litigation over potentially explosive Takata air bags that have prompted recalls of 64 million vehicles made by a variety of carmakers nationwide, though it must still face some fraudulent concealment and state law violation allegations.

  • September 30, 2016

    AIG Unit Hit With More Costs In Goldman Construction Fracas

    A federal judge in New York on Friday sided with excess insurers for Goldman Sachs and hit an AIG unit with annual prejudgment interest rates of about 9 percent and another $267,000 in defense costs in a $1 million judgment for a trucker's construction injury settlement. 

  • September 30, 2016

    Subaru Recalls 593K Vehicles Over Faulty Windshield Wipers

    The National Highway Transportation Safety Administration on Thursday announced that Subaru of America Inc. had notified the agency it would be recalling nearly 593,000 vehicles over faulty windshield wiper motors that could malfunction and, in some cases, start a fire.

  • September 30, 2016

    Dole's 'All Natural' Labeling May Be Misleading, 9th Circ. Says

    The Ninth Circuit on Friday reversed in part a lower court’s ruling that "all natural fruit” labeling on Dole Foods Co. Inc. isn’t likely to deceive consumers, reviving a proposed class action in a setback for food makers facing a rising stream of “natural” label claims.

  • September 30, 2016

    Lawmakers May Tweak 9/11 Bill For Foreign Policy Concerns

    Senior Republican lawmakers on Thursday said they would explore altering legislation allowing civil suits against foreign officials and countries over allegations of sponsoring terrorism, just a day after overriding a presidential veto of the bill, citing potential unintended consequences.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

    Higdon (1).jpeg

    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • Wrongful Death Case Against Jim Carrey Will Be Uphill Battle

    Robert Ryan

    Legally establishing liability by a third party for the intentional act of another is one of the highest burdens for a plaintiff in a civil lawsuit. The allegation that actor Jim Carrey furnished the drugs his on-again, off-again girlfriend used to kill herself, as the basis for a wrongful death claim, faces daunting legal and factual hurdles, says Robert Ryan, head of Kuzyk Law LLP's litigation department.

  • 5 Tips For Preparing Sales Reps For Trial Examination

    Matthew D. Keenan

    When defending drug and device companies, preparing sales representatives for examination in court can be challenging, as the sales rep is often the singular nexus between the company and the physician, and offer plaintiffs' counsel an opportunity to exploit them. Matthew Keenan of Shook Hardy & Bacon LLP offers five "best practices" tips for how to successfully defend marketing witnesses.

  • 2nd Circ. Creates Confusion For FDA-Vetted Marketers

    Robert L. Rouder

    While advertising off-label claims for medical devices and pharmaceuticals may be like sailing into stormy waters, companies might assume that using U.S. Food and Drug Administration-approved labeling is, if not a safe harbor, at least a reasonably sheltered cove. However, the Second Circuit's recent decision in Church & Dwight v. SPD Swiss Precision Diagnostics challenges this seafaring assumption, say attorneys at Norton Rose Fulbright.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

    Chas.jpg

    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • And Now A Word From The Panel: 3 Alternatives To MDLs

    Alan E. Rothman

    Recognizing the ever-dwindling number of multidistrict litigation proceedings, Alan Rothman of Kaye Scholer LLP explores the three alternatives to MDLs which the Judicial Panel for Multidistrict Litigation has recently considered in denying and/or mooting MDL petitions.

  • EPA Signals Intent To Exercise TSCA Section 6 Authority

    Lawrence E. Culleen

    The U.S. Environmental Protection Agency is poised to begin exercising its expanded regulatory authority over the makers and users of chemical substances pursuant to recent amendments to the Toxic Substances Control Act. In addition to other proposals, the EPA may soon publish proposed rules regulating uses of specific chemical substances under Section 6 of the TSCA, says Lawrence Culleen of Arnold & Porter LLP.

  • Anticipating And Avoiding Expert Deposition Fee Disputes

    John D. Sear

    The expenses associated with using outside experts in litigation can be one of the costliest components of a case. John Sear of Bowman and Brooke LLP and T. Michael Pangburn, general counsel of Thor Motor Coach Inc., offer insights and practical suggestions for keeping expert witness costs under control.

  • 9th Circ. Limits CDA Immunity From Failure-To Warn-Cases

    Tyler Newby

    Although the Ninth Circuit's recent opinion in Beckman v. Match.com is unpublished, it creates a potentially troubling gap in the Communications Decency Act immunity protecting online services from suits based on the conduct of their users, say Tyler Newby and Hanley Chew of Fenwick & West LLP.