Product Liability

  • May 6, 2016

    Remington Can't Halt Discovery In Sandy Hook Shooting Suit

    A Connecticut judge on Thursday refused to delay discovery in a lawsuit brought by the families of victims of the Sandy Hook mass shooting against gunmaker Remington and other companies, saying her rulings on defense motions will take months and staying the case until then would jeopardize the case's 2018 trial date.

  • May 6, 2016

    RJ Reynolds Caused Addiction Nurse's Cancer Death, Jury Told

    Relatives of a chain-smoking registered nurse and addiction counselor who died of lung cancer urged a Florida jury Friday to find R.J. Reynolds liable for her death, saying the tobacco giant hid the dangers of smoking from her until she was hopelessly addicted.

  • May 6, 2016

    GSK Slams New Trial Bid From Alleged Paxil Birth Defect Victim

    GlaxoSmithKline PLC argued Wednesday that a Pennsylvania state judge properly granted midtrial dismissal of claims brought by the mother of a Mississippi boy who was born with cardiac defects allegedly caused by her use of the antidepressant Paxil.

  • May 6, 2016

    Philip Morris Loses Bid To Strike 2 Of Smoker's Claims

    A Florida federal judge on Thursday denied Philip Morris's motion for judgment as a matter of law on two claims in an Engle-progeny suit where a jury's $20 million punitive-damages award has already been struck down, saying alleged holes in the claims' legal foundations were in fact filled by portions of the landmark Engle decision.

  • May 6, 2016

    DC Metro Plans Lengthy Shutdowns For Subway Repairs

    Washington, D.C.’s Metrorail will undergo a yearlong track repair project starting in June that is expected to shut down certain rail lines for weeks at a time and significantly reduce service, to cure years of maintenance backlogs and safety lapses, transit officials said Friday.

  • May 6, 2016

    3rd Circ. Urged To Revive Label Suit Against Novartis

    A deceased man’s family urged the Third Circuit to revive a failure-to-warn suit against Novartis Thursday, arguing that the case was improperly decided before an analysis was conducted on what effect a different warning on the high-blood-calcium treatment Zometa would have had on the prescribing physicians.

  • May 6, 2016

    Canadian Pacific, Agrium End Hazardous Shipment Tariff Row

    Canadian Pacific Railway Co. and fertilizer distributor Agrium Inc. have struck a deal to end a dispute over provisions in the railroad giant’s tariff allowing it to dodge liability for accidents involving hazardous commodities shipments, according to a U.S. federal agency decision made public Friday.

  • May 6, 2016

    Gov’t Opposes FCA Deal Share For Fugitive Turned Relator

    A fugitive turned False Claims Act relator doesn’t deserve a cut of the government's $25.6 million settlement with L-3 over faulty gun sights because the whistleblower dropped his suit before the government stepped in, prosecutors told a New York federal judge Thursday.

  • May 5, 2016

    E-Cig Makers Could Go Up In Smoke With New FDA Regs

    The sweeping regulations bringing e-cigarettes under the U.S. Food and Drug Administration’s oversight for the first time may snuff out many of the small companies that make up much of the industry, as the regulator is likely to be overburdened by reviewing applications for thousands of products, experts said Thursday.

  • May 5, 2016

    NFL Retirement Plan Disputes Interest On Ex-Player's Benefits

    The NFL’s player retirement plan administrator on Thursday objected to the amount of interest requested on benefits a Maryland federal court ordered the plan to award a former linebacker after determining the symptoms of his brain injuries prevented him from working as a teacher after his playing career ended.

  • May 5, 2016

    Judge Tosses Suit Over Bangladesh Clothes Factory Collapse

    A Delaware state court on Wednesday tossed a suit against Wal-Mart Stores Inc., J.C. Penney Corp. Inc. and The Children’s Place Inc., which alleged that the retailers were partially responsible for a clothing factory collapse in Bangladesh three years ago that killed more than 1,000 workers.

  • May 5, 2016

    House Democrats Push For $600M To Fight Opioid Abuse

    Fifty-three Democrats from the U.S. House of Representatives are pressing Speaker Paul Ryan, R-Wis., to take up legislation that would provide $600 million in emergency funding to fight growing prescription opioid and heroin abuse, acording to a letter they signed, led by the proposed bill’s chief author Rep. Joe Courtney, D-Conn., sent on Wednesday.

  • May 5, 2016

    4 Bad Habits All Partners Need To Break Now

    As intelligent as BigLaw partners might be, they can also be susceptible to bad habits, whether they've played the role for 30 years or just been bumped up from associate. Here are a handful of the most common bad habits among partners and some tips on how to avoid them.

  • May 5, 2016

    Prosecutor Fraud Behind $122M Wildfire Deal, 9th Circ. Told

    Sierra Pacific Industries on Wednesday continued urging the Ninth Circuit to reverse a district court’s refusal to unwind a $122.5 million settlement over a severe California wildfire, saying claims that the deal came about from prosecutors’ “egregious” fraud and misconduct cannot be ignored.

  • May 5, 2016

    RJ Reynolds To Blame For Retired Airman's Cancer, Jury Told

    The widow of a retired U.S. Air Force serviceman who smoked at least a pack of cigarettes every day urged a Florida jury Thursday to find R.J. Reynolds Tobacco Co. liable for his cancer, saying the tobacco giant hid the dangers of smoking from him until it was too late.

  • May 5, 2016

    NJ Atty Gets Prison For Doctoring Asbestos Complaints

    A former attorney with the New Jersey office of Dickie McCamey & Chilcote PC was sentenced Wednesday to two years in federal prison for fraudulently doctoring copies of more than 100 asbestos complaints in New York to make it seem like the firm’s clients were defendants.

  • May 5, 2016

    Monsanto Beats $20M PCB Cancer Claims In Calif. Trial

    A Los Angeles jury on Thursday found Monsanto not liable in a $20 million trial brought by two men alleging they developed non-Hodgkin lymphoma after being exposed to the company's polychlorinated biphenyls, saying the company was negligent in designing and distributing the chemical but did not cause the men's cancer.

  • May 5, 2016

    Calif. To Raise Smoking Age From 18 To 21, Regulate E-Cigs

    Calif. Gov. Jerry Brown on Wednesday signed measures that will raise the smoking age from 18 to 21, regulate electronic cigarettes like other tobacco products and expand no-smoking areas at public schools.

  • May 5, 2016

    NASA Dismissed From Subcontractor’s Paint Job Suit

    A Louisiana federal judge approved on Wednesday the dismissals of a supervising company and the National Aeronautics and Space Administration from the lawsuit of a subcontractor claiming wrongful termination from a painting project, leaving the project's primary contractor as the sole remaining defendant in the suit.

  • May 5, 2016

    Kimlan Foods Hit With Suit Over 'No Preservatives' Label

    Taiwanese food manufacturer Kimlan Foods was hit Wednesday with a putative class action in New York federal court for allegedly mislabeling its jarred cucumbers and radishes as containing no preservatives, when in fact they contained citric acid.

Expert Analysis

  • The Fastest Rocket Docket For The 8th Straight Year

    Robert M. Tata

    Even complex patent and class action cases have not knocked the Eastern District of Virginia off the medal stand when it comes to remaining the fastest trial docket in the nation. Yet it can’t be overlooked that the No. 1 “Rocket Docket” also slowed down a bit this year. In his annual review, Hunton & Williams LLP partner Robert Tata looks at the numbers and what some Virginia judges have to say about them.

  • Insurance Coverage Implications Of The J&J Talc Verdicts

    Stephen Hoke

    If the plaintiffs bar is successful in tying cosmetic talc to ovarian cancer, as they were in the Johnson & Johnson case on Monday and in a similar J&J case in February, they have increased their potential plaintiff pool by over 700 percent — which suggests there will be more cosmetic talc lawsuits and they will cost more to resolve, raising the issue of how insurers will respond, says Stephen Hoke at Hoke LLC.

  • 6 Ways Lawyers Can Enhance Cross-Office Communication

    N. Courtney Hollins

    Building relationships with your partners and keeping a finger on the pulse of firmwide legal activity yields strong benefits. However, many attorneys never quite pick up on this important tool while in the trenches of practice. Courtney Hollins and Dan Ujczo at Dickinson Wright PLLC offer tips for cultivating a strong firmwide communication network.

  • 'Ancient Documents' Exception Could Be Ancient History

    Jonathan Reich

    The proposed elimination of Federal Rule of Evidence 803(16) — the exception to the hearsay rule for “ancient documents” — would have a dramatic impact on certain long-tail tort claims and insurance coverage for those claims, says Jonathan Reich at Womble Carlyle Sandridge & Rice LLP.

  • What Is Your Squirm Factor?

    Ross Laguzza

    The fact that jurors are a captive audience doesn’t mean they are any more invested in your presentation than people who walk out of a boring movie. Jurors can’t physically leave, but they can and do mentally check out. If you are a trial lawyer, you should think about whether your squirm factor is high, moderate or low — and what, if necessary, you can do to change it, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • Colo. Supreme Court Reins In Its Notice-Prejudice Rule

    Douglas C. Rawles

    In Travelers Property Casualty Co. v. Stresscon, the Colorado Supreme Court recently backed away from its decision in Friedland v. Travelers Indemnity Co. that applied the notice-prejudice rule in insurance cases. Douglas Rawles and Benjamin Fliegel at Reed Smith LLP examine various ways to interpret the change in the court's treatment of post-settlement tender between the Friedland decision and Stresscon.

  • Interpreting Duran V. US Bank In The Aftermath Of Tyson

    Steven D. Allison

    The decisions in Duran v. U.S. Bank and Tyson Foods v. Bouaphakeo seem like mirror images. One approved the use of statistical sampling to establish an employer’s liability, the other rejected the same method in a similar case. But on closer inspection, the U.S. Supreme Court’s reasoning in Tyson is more similar to the California Supreme Court’s in Duran than the outcomes would suggest, say attorneys at Crowell & Moring LLP.

  • Enforceability Of NY Product Liability Settlements

    Theodore W. Ucinski III

    When counsel agree to a settlement figure in a product liability matter, a confirming letter or email is typically sent by one of the parties, though a formal settlement agreement may be drafted later. But is that initial email enough to enforce a settlement in New York? ask Theodore Ucinski and Matthew Libroia at Goldberg Segalla LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.