Product Liability

  • October 2, 2015

    NBC Dodges Defamation Suit Over Rifle Target 'Bomb' Report

    A New York federal judge on Thursday tossed a defamation suit against NBCUniversal News Group over a report on the "Today" show that characterized exploding rifle targets as “bombs,” saying the report was true since the targets are meant to explode and that reasonable viewers would conclude that reported dangers were due to improper uses of the product.

  • October 2, 2015

    Abbott, Plaintiffs Limit Expert Testimony In Depakote Trial

    Abbott Laboratories, AbbVie Inc. and a plaintiff claiming the companies' anti-epilepsy drug Depakote caused her child's birth defects partly succeeded Friday in excluding dueling expert testimony when an Ohio federal court decided to grant their motions without a hearing.

  • October 2, 2015

    Kia, Hyundai Hit With Suit Over Faulty Air Bag In Fatal Crash

    Kia and Hyundai have been hit with a suit, which was removed to Louisiana federal court on Friday, over the allegedly defective air bag in a woman's Kia Sorento that failed to deploy and save her life in a crash last year.

  • October 2, 2015

    Feds Call In Mine Safety Attys As Blankenship Trial Begins

    West Virginia’s U.S. attorney has conscripted two Department of Labor mine safety lawyers as special prosecutors for the trial of former Massey Energy Co. CEO Don Blankenship, new filings revealed Thursday, as jury selection began on charges he mandated safety shortcuts before a 29-death mine explosion.

  • October 2, 2015

    Boston Scientific Ducks Pacemaker Defect Suit Under Riegel

    Boston Scientific and its Guidant Corp. unit persuaded a Texas federal court on Thursday to dismiss a man's suit over an alleged defect in its pacemaker and one of its components after arguing that his state law claims, including for strict liability, are preempted by the high court's landmark Riegel ruling.

  • October 2, 2015

    5th Circ. Says Deals Don’t Cover Fla. Chinese Drywall Suit

    The Fifth Circuit on Friday affirmed a lower court ruling denying a bid by a condominium developer and drywall supplier to bar a putative class action filed in Florida state court, saying homeowners’ claims that they lost property value due to defective Chinese drywall were not covered by previous settlements.

  • October 2, 2015

    Ex-Midamar Manager Sentenced In False Halal Export Case

    The former operations manager of halal food distributor Midamar Corp. was sentenced on Thursday to three years of probation, after pleading guilty this year to conspiracy for falsely certifying that certain products complied with Islamic slaughter requirements before shipment to Muslim countries.

  • October 2, 2015

    NASA Subcontractor Wrongly Axed From Paint Job, Suit Says

    A subcontractor fired from a painting job at a Mississippi NASA site after being accused of lead contamination hit back with a lawsuit Thursday, saying the claims were baseless and asking a Louisiana federal judge to award damages for what it calls a wrongful termination.

  • October 2, 2015

    WTC Lease Holders Ask 2nd Circ. For 9/11 Rebuilding Costs

    World Trade Center lease holders urged the Second Circuit on Thursday to reconsider its recent ruling that they couldn’t recover post-9/11 rebuilding costs in a suit seeking to hold airlines and others liable for tort damages.

  • October 2, 2015

    Lumber Liquidators Pushes To Move Insurance Row To Wis.

    Lumber Liquidators on Friday again told a Virginia federal court that Liberty Mutual Fire Insurance Co.'s suit seeking to avoid defending it in multidistrict litigation over formaldehyde in its laminate flooring imported from China should be heard in Wisconsin because, among other reasons, the relevant policies were issued there.

  • October 2, 2015

    Del Monte Label Plaintiffs Taking Cert. Denial To 9th Circ.

    A group of customers suing Del Monte Corp. over labels they say misled them into thinking that canned tomato products contained antioxidants and that canned fruit was fresh told a California federal judge Friday they plan to appeal her denial of class certification to the Ninth Circuit.

  • October 2, 2015

    American Spirits Cig Makers Sued Over 'Natural' Claims

    The makers of American Spirits cigarettes have been hit with a putative class action in Florida federal court for allegedly marketing the cigarettes as “natural,” “organic” and “100% additive free” in the most deceptive campaign of any major U.S. cigarette brand on the market.

  • October 2, 2015

    Purina Counterclaim Reads Like A Comedy, Blue Buffalo Says

    Blue Buffalo intimated that a counterclaim by Nestle Purina in a fight between the two rival pet food makers over labeling should be laughed out of a Missouri federal court on Friday, saying Purina's claims read like a parody of Blue Buffalo's suit.

  • October 2, 2015

    Philip Morris, RJR Hit With $1M Verdict In Smoker's Death

    A Florida jury slapped Philip Morris and R.J. Reynolds with a $1 million compensatory verdict Friday, finding the companies partially liable for a five-pack-a-day smoker's lung cancer death and saying they also deserve to pay punitive damages for hiding cigarettes' dangers.

  • October 2, 2015

    VW To Face German Investor Actions, Litigation Funder Says

    Bentham Europe Ltd. has charged out of the gates to fund impending German shareholder litigation against Volkswagen Group over its failure to tell investors about its practice of installing software in vehicles to avoid complying with emissions standards, the company said Thursday.

  • October 2, 2015

    Land O'Lakes Says Tainted Whey Claims Aren't Time-Barred

    Farmers cooperative Land O’Lakes on Friday slammed the bid for summary judgment by a group of former whey protein producer executives accused of tainting their product with animal urine to boost protein levels, telling a Wisconsin federal judge the producer’s actions were textbook examples of fraud.

  • October 2, 2015

    11th Circ. Urged To Get Fla. Court's Input On Defect Notices

    Florida's high court should weigh in on whether a construction defect claim notice qualifies as a suit under a commercial general liability policy, building groups told the Eleventh Circuit on Thursday, arguing that a ruling to the contrary would discourage insurers and policyholders alike from resolving disputes out of court.

  • October 2, 2015

    USDA Must Face Enviros' Suit Over Organic Rule, Court Says

    A California federal judge has refused a bid by the U.S. Department of Agriculture to toss a suit by environmental groups who say the agency shifted fertilizer requirements for organic food growers without notifying the public as required.

  • October 2, 2015

    Victims' Families Want Quebec Derailment Suit In State Court

    Families of the victims of a train derailment in Quebec, Canada, asked a Texas federal judge on Friday to remand a wrongful death and injury suit against Canadian Pacific Railway Co. to state court, arguing that the case was removed because it was incorrectly classified as a mass civil action.

  • October 2, 2015

    Pfizer Gets Plaintiffs' Expert Blocked In Zoloft Trial

    Pfizer has succeeded in blocking an expert for testifying for the plaintiffs on general and specific causation in a trial in Philadelphia court over their claims that the company's antidepressant Zoloft caused a child to be born with a defect that causes certain organs to be contained in a sac outside the abdomen.

Expert Analysis

  • The Minefield Of E-Cigarette Labeling And Promotion

    Eric N. Heyer

    The ruling in the NJOY Inc. Consumer Class Action Litigation and a recently proposed rule by the U.S. Food and Drug Administration indicate that e-cigarette advertising claims that suggest or emphasize specific chemical, physical and toxicological effects may be subject to increased scrutiny, say Eric Heyer and Neelam Gill of Thompson Hine LLP.

  • A Case Study On How To Decertify Common Defect Classes

    Emily L. Pincow

    The arguments the U.S. District Court for the Northern District of Texas accepted in Shane Galitsky v. Samsung Telecommunications America LLC when denying certification of a class of California smartphone consumers may also be applicable in other consumer class actions attempting to certify a class on the basis of a common defect, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Using The Unfortunate Event Test For NY Insurance Claims

    Larry P. Schiffer

    When insurance policy language does not evince an intent to aggregate separate incidents or claims into a single accident or occurrence, New York courts turn to the unfortunate events test to determine whether claims should be aggregated, which raises interesting questions about the accident or occurrence language used by insurance companies, says Larry Schiffer at Squire Patton Boggs LLP.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Lessons From Key Players In Guidant MDL

    Ten years after the Judicial Panel on Multidistrict Litigation created the Guidant Corp. Implantable Defibrillators Products Liability MDL and assigned it to Judge Donovan Frank in the District of Minnesota, the litigation’s key players returned to Minnesota to reflect on the lessons learned. See what the judges, lien administrator, and plaintiffs and defense counsel had to say.

  • Disease Outbreaks May Bode Ill For Your GCL Coverage

    Michael H. Sampson

    This summer in New York there was an outbreak of Legionnaires’ disease, allegedly caused by a hotel's cooling towers, that killed 12 people and made 100 others sick. If a business is hit with third-party lawsuits over a disease outbreak, are they covered by their commercial general liability policy? ask Michael Sampson and Caitlin Garber at Reed Smith LLP.

  • Insurance Chain Reaction From The Tianjin Port Explosion

    Matthew J. Gollinger

    The recent Tianjin port explosion will lead to massive supply chain disruption — which will no doubt impact the 285 Fortune 500 companies with offices there — and trigger countless master policies and global insurance programs written out of the United States due to large-scale contingent business interruption losses, say Matthew Gollinger and Qianwei Fu at Zelle Hofmann LLP.

  • A Cybersecurity Checklist For In-House Counsel

    Barry J. Coyne

    This summer saw a number of reports of alleged cybersecurity breaches in Internet-connected devices. Given the interconnectedness of products and the fact that manufacturers do not have end-to-end control of device networks, in-house counsel should craft a checklist to defend against security breach claims, regulatory violation allegations, or injury or damage lawsuits, say attorneys at Reed Smith LLP.

  • And Now A Word From The Panel: MDL Of The Century


    Unfortunately for sports fans, there is no “Deflategate MDL” — although that multidistrict litigation would have been a true fantasy football proceeding and made for a great discussion. Nevertheless, there is a new sports MDL proceeding and it has nothing to do with any of the four major U.S. sports leagues, says Alan Rothman of Kaye Scholer LLP.

  • 10 Marketing Tips From A Young Partner Perspective

    Richard Segal.jpg

    No one ever told you in law school that once you received the highly coveted associate job in a big firm, that to really succeed at that job and climb the ranks quickly you need to take on a second job — marketing, says Richard Segal of Kluger Kaplan Silverman Katzen & Levine PL.