Product Liability

  • March 27, 2015

    Drummond Hits Attys With RICO Suit Over Murder Claims

    Drummond Co. Inc. on Friday filed in Alabama federal court a Racketeer Influenced and Corrupt Organizations Act suit accusing plaintiffs’ attorneys of paying hundreds of thousands of dollars to criminals who testified that the company collaborated with Colombian paramilitary forces in the murders of hundreds of civilians.

  • March 27, 2015

    Ala. High Court Upholds $3.3M Award In Yamaha Rhino Suit

    The Alabama Supreme Court on Friday affirmed a $3.3 million award against Yamaha Motor Corp. U.S.A. in favor of a woman who was severely injured when her Rhino off-road vehicle flipped over while she was driving around her farm.

  • March 27, 2015

    Hogan Lovells Fights To Exit Taishan Drywall Litigation

    Hogan Lovells and Stanley Reuter Ross Thornton & Alford LLC, former counsel to Taishan Gypsum Co. Ltd. and its affiliates, fought Thursday to exit the multidistrict litigation over defective drywall, despite the plaintiffs arguments that the firms should stay in the litigation to answer questions about Taishan's conduct.

  • March 27, 2015

    Sandoz Can’t Dodge Cancer Drug Product Liability Suit

    A Florida federal judge on Thursday denied a bid by Sandoz Inc. to toss a product liability suit brought by a patient who claimed to have suffered injuries due to a contaminated cancer drug, ruling that the generic drugmaker’s preemption argument falls short.

  • March 27, 2015

    Pilot Not Covered Under Garmin Policy, 10th Circ. Affirms

    Garmin International Inc.'s insurers have no duty to defend or indemnify a pilot who had installed a new Garmin navigation system in his private plane against claims arising from a 2008 crash, the Tenth Circuit affirmed Friday, concluding that the pilot doesn't qualify as an insured under the company's policy.

  • March 27, 2015

    Snack Co. Can't Bag Pretzel Crisps 'All Natural' Suit

    A Florida federal judge has denied most of Snack Factory LLC’s motion to dismiss a proposed class action claiming that the company’s Pretzel Crisps were falsely labeled as “all natural” despite containing synthetic or artificial ingredients.

  • March 27, 2015

    Insurers Won't Pay For $28M Pacemaker Suit, Other Defense

    Two insurers told an Oregon federal judge Thursday that they owe no coverage or duty to defend to Biotronik Inc. in two underlying suits accusing the company and a New Mexico doctor of implanting unnecessary pacemakers, one of which resulted in a $28 million judgment.

  • March 27, 2015

    J&J Slips Class Action Over Baby Powder Cancer Risks

    A woman claiming she developed ovarian cancer after using Johnson & Johnson baby powder for more than 60 years failed to point out any specific misrepresentations the company made and can’t claim she paid a premium for the product, a California federal judge ruled Thursday.

  • March 27, 2015

    Big Tobacco Slapped With $2M Verdict In Engle Progeny Suit

    A Florida jury on Thursday issued a $2 million award to a widower suing R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. on behalf of his wife, who died of lung cancer after smoking for four decades.

  • March 27, 2015

    Ford's $28M Lap Belt Paralysis Case Goes To Jurors

    A North Carolina jury began deliberations Friday in a $28 million lawsuit against Ford Motor Co. brought by a teenager who alleges he was rendered paraplegic in a crash because of a poorly designed, two-point seatbelt in a 1999 Ford Escort.

  • March 27, 2015

    FDA Hears Wide Debate On Generic-Drug Warning Label Plan

    Drugmakers, lawyers and consumers on Friday debated the U.S. Food and Drug Administration's controversial plan to let generic-drug makers independently update their warning labels, trading divergent views on how patient safety and company balance sheets would be affected.

  • March 27, 2015

    Estee Lauder Can’t Escape New Claims In False Ad Suit

    Estee Lauder Cos. Inc. can’t escape a proposed class action alleging the beauty company oversold the anti-aging effects of its Advanced Night Repair formula, with a New York federal judge ruling that an earlier dismissal does not preclude a new complaint.

  • March 27, 2015

    7th Circ. Reinstates Appeal In Ford Air Bag Defect Suit

    The Seventh Circuit on Thursday reinstated an appeal by a couple that sued Ford Motor Co. over air bags that allegedly didn’t deploy in their 2003 Mercury Mountaineer after a severe accident and that argued that expert testimony wasn't necessary to show the air bags were defective.

  • March 27, 2015

    Glucosamine Class Can't Back Out Of $5M Deal, Judge Says

    A California magistrate refused Thursday to allow plaintiffs suing Schiff Nutrition International Inc. for allegedly deceptively marketing its glucosamine supplement as an arthritis treatment to back out of their proposed $5 million deal, saying "possible" objections and a recent Seventh Circuit decision don’t justify their request.

  • March 27, 2015

    NJ Appeals Court Affirms $1.6M Bystander Asbestos Verdict

    The New Jersey Appellate Division on Friday upheld a $1.6 million verdict for a man who claimed he contracted mesothelioma from asbestos-contaminated talc used to make Old Spice and Desert Flower talcum powder and brought home on his father's clothing from work.

  • March 27, 2015

    House Bill Would Apply Oil Spill Law No Matter Spill’s Origin

    A pair of U.S. Congress members from Florida introduced legislation on Thursday that would make companies pay cleanup costs under the Oil Pollution Act and face Clean Water Act penalties for oil spills that originate in foreign waters but reach U.S. waters.

  • March 27, 2015

    9th Circ. Says Averted Plane Crash Doesn't Clear Honeywell

    The Ninth Circuit on Thursday revived a suit from a former United Airlines pilot and his wife alleging Honeywell International Inc.’s malfunctioning flight management system nearly caused a crash and the pilot’s post-traumatic stress disorder, saying the pilot still experienced the threat of harm.

  • March 26, 2015

    GM Execs Must Walk Tightrope In Ignition Switch Depositions

    General Motors Co. CEO Mary Barra and other high-level executives face depositions this year in the unfolding saga over deadly defects in its ignition switches, a tricky proposition particularly for chief executives who must walk a thin line between offering truthful, direct answers and protecting the company, attorneys say.

  • March 26, 2015

    NJ Assembly Approves Bills Responding To Exxon Settlement

    The New Jersey Assembly on Thursday approved two measures related to the state's controversial $225 million settlement with Exxon Mobil Corp. over refinery pollution, calling for an extension to the public notice period and a requirement that half the settlement amount be allocated to restoration and cleanup.

  • March 26, 2015

    GNC Asks JPML To Split Supplement MDLs, Consolidate In Pa.

    General Nutrition Corp. told the U.S. Judicial Panel on Multidistrict Litigation on Wednesday that the suits against it and other retailers over allegedly mislabeled herbal supplements should be consolidated in Pennsylvania but that they should be split into separate multidistrict litigations against each defendant.

Expert Analysis

  • CPSC Civil Penalty Trend Continues

    Erin M. Bosman

    The trend of more manufacturers, distributors and retailers being fined larger amounts by the U.S. Consumer Product Safety Commission is meant to address CPSC Chairman Elliot Kaye's concern that companies view civil penalties as a cost of doing business, rather than a real deterrent, say attorneys at Morrison & Foerster LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Not Saved By The Bell: Dismissing Classes Prediscovery

    Laura E. Vendzules

    While bet-the-company class actions are on the rise with support from regulatory agencies, courts remain more open to limiting their scope. Bell v. Cheswick Generating Station is critical in that it signals a willingness to dispose of class claims before class discovery and prior to any motion for certification if the class as alleged is implausible on its face, say Laura Vendzules and Michael Iannucci of Blank Rome LLP.

  • NJ Supreme Court Clarifies Expert Testimony Rule

    Timothy Freeman

    Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.

  • A Look At The Latest Damages Model In Food Litigation

    Galen D. Bellamy

    While plaintiffs will reasonably celebrate the In re ConAgra decision, it remains to be seen whether a dual methodological damages model will be widely embraced by courts in future food and beverage labeling class actions as it suffers from several limitations, say Galen Bellamy and Cedric Logan of Wheeler Trigg O’Donnell LLP.

  • Lack Of Off-Label Causation Analysis Could Be Costly

    Sophie Yang

    From an economic perspective, there are three guiding questions that can be useful for companies facing litigation related to off-label promotion claims, say Dr. Sophie Yang and Dr. Saul Helman of Navigant Consulting Inc.

  • 2 Years After Comcast, Little Has Changed

    Christopher Micheletti

    The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification game-changer. But a review of circuit court decisions interpreting Comcast shows that most courts have cabined its application, say Christopher Micheletti and Patrick Clayton of Zelle Hofmann Voelbel & Mason LLP.