Product Liability

  • June 24, 2016

    Humpty Dumpty Falls Into Costco Hepatitis Berries Suit

    Consumers alleging Costco frozen berries exposed thousands to hepatitis A cited an unusual legal authority Thursday in urging a California federal judge to let some class representatives be deposed by video, quoting a Humpty Dumpty rhyme as written by Lewis Carroll.

  • June 24, 2016

    Riddell Says No Need For NFL Discovery Yet In False Ad Suit

    Football helmet maker Riddell Inc. told a New Jersey federal court Thursday that consumers claiming the helmets were falsely advertised need not subpoena the NFL and its former concussion expert since the information is unnecessary for their class certification bid.

  • June 24, 2016

    VW Investors Lose Bid To Lift Evidence Pause In MDL

    In multidistrict litigation stemming from Volkswagen AG’s emissions-cheating scandal, a proposed class of investors who claim the automaker defrauded them is not prejudiced by a discovery pause, even while other involved parties negotiate settlements, a California federal judge found Thursday.

  • June 24, 2016

    Supreme Court Asked To Resolve Drug-Fraud RICO Split

    The U.S. Supreme Court has been urged to resolve a circuit split on whether a doctor's writing a prescription breaks the chain of causation between drugmakers like Sanofi Aventis US LLP and injured parties under the Racketeer Influenced and Corrupt Organizations Act.

  • June 24, 2016

    Insurer, CF Drop Clashing Suits Over TX Explosion Coverage

    Ironshore Specialty Insurance Co. and the ammonium nitrate maker whose product blew up a Texas fertilizer plant in 2013 dropped dueling suits against each other but left open the possibility that either action could be revived with amended claims, according to a pair of filings in federal court.

  • June 24, 2016

    Pfizer Seeks Escape From Lipitor Diabetes MDL Claims

    Looking to end claims that its cholesterol drug Lipitor causes Type 2 diabetes, Pfizer on Friday told a South Carolina federal judge overseeing the multidistrict litigation that all the consumers lack admissible expert testimony proving that the drug specifically caused the disease.

  • June 24, 2016

    NJ Justices Asked To Hear Secondhand Asbestos Case

    The estate of a woman who claimed she was exposed to asbestos through her father’s employment at Port Authority Transit Corp. and other rail companies has petitioned the New Jersey Supreme Court to review lower courts' decisions that its state claims are preempted.

  • June 24, 2016

    Pharma Rep Takes Malicious Prosecution Suit To High Court

    A pharmaceutical sales representative who claims his former employer conspired with the government to set him up as a fall guy for criminal drug misbranding has taken his suit against the alleged conspirators to the U.S. Supreme Court after the Second Circuit refused to resurrect his claims in March.

  • June 24, 2016

    Pepsi Asbestos Jurisdiction Row Lands In Texas High Court

    The Supreme Court of Texas said Friday it will hear a jurisdictional dispute in a lawsuit brought by a PepsiCo Inc. subsidiary over an allegedly secret $308 million asbestos settlement, after an appeals court found the facts of the case were sufficiently connected to Texas despite the companies' nonresident status.

  • June 24, 2016

    Hyundai Mostly Loses Bid To Dismiss Shattering Sunroofs Suit

    A proposed class of vehicle owners can proceed on some fraud-based claims alleging Hyundai hid from them a defect that caused some vehicles’ panoramic sunroofs to spontaneously shatter, a California federal judge ruled Friday, though the California consumer protection law and unfair profit claims were nixed for now.

  • June 24, 2016

    FDA Should Broaden Use Of Real-World Data, Report Says

    The U.S. Food and Drug Administration should clear up how real-world evidence can be used in clinical trials and post-market surveillance for drugs and medical devices and consider expanded uses of such evidence in the agency's regulatory decision-making, according to a report released Thursday.

  • June 24, 2016

    VW Exec Arrested In S. Korea Over False Emissions Data

    A local Volkswagen AG official was arrested in South Korea on Friday in connection with the company’s emissions testing debacle, according to multiple media reports.

  • June 24, 2016

    Insurers Say Judge Erred In Ordering Coverage Of Leak Suits

    A group of insurers urged a California federal judge Thursday to reconsider his ruling that they owe coverage for lawsuits stemming from a leak of hazardous dry-cleaning materials, saying the court erred by overlooking policy terms, wrongfully finding a provision unenforceable and ruling prematurely.

  • June 24, 2016

    Chrysler Demands Solicitation Docs In Drivers' Steering Action

    Fiat Chrysler asked a California federal court Thursday to force an automotive data provider to hand over documents related to efforts to solicit drivers to participate in a proposed class action over an alleged defect causing wobbly steering in some Dodge trucks.

  • June 24, 2016

    Starbucks Wins Early Round Of $5.3M Moldy Coffee Suit

    Starbucks Corp. never gave up its rights to sue a pallet company just because it paid invoices that contained a short disclaimer, a California federal judge said Thursday, in a sweeping victory for the coffee behemoth as it pursues a $5.3 million moldy-coffee suit against the supplier.

  • June 24, 2016

    No Defect In Black & Decker Utility Knife, Jury Finds

    A New York federal jury on Thursday found that a utility knife made by Stanley Black & Decker Inc. wasn’t defective, as claimed by a Canadian construction worker who sliced his arm with one while installing windows at a high school.

  • June 24, 2016

    Bereaved Parents Ask 5th Circ. To Rehear Honda Airbag Suit

    The parents of a young woman who died in a car crash because of an alleged airbag design defect asked the entire Fifth Circuit on Thursday to hear their case, saying a lower court summary judgment in favor of American Honda Motor Co. denied them their right to a civil jury trial.

  • June 24, 2016

    German Investor Group, Norges Bank Announce VW Lawsuits

    German investor group DSW is taking Volkswagen to court to demand a special investigation of the automaker in connection to its emissions scandal, while another stakeholder, Norges Bank Investment Management, joined a separate emissions suit against VW, the organizations said Friday.

  • June 24, 2016

    GM Says Bankruptcy Sale Nixes Non-Switch Claims

    Drivers attempting to pursue claims against General Motors for injuries unrelated to its infamous ignition switch defect are violating GM’s 2009 bankruptcy sale and subsequent court orders, and should not be allowed to proceed, the automaker reiterated to a New York federal bankruptcy judge on Thursday.

  • June 24, 2016

    The Top Product Liability Cases Of 2016: Midyear Report

    The first bellwether trial in the General Motors ignition switch litigation came to an unusual end, a Texas jury meted out an attention-grabbing $497.6 million verdict to patients who claimed injuries from hip implants made by DePuy Orthopaedics, and Coca-Cola prevailed against Pom Wonderful's claims that it fooled consumers about the content of its juice. Here, Law360 recaps the year's most significant product liability cases so far.

Expert Analysis

  • 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.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • Dismissing Drug Design Defect Claims Based On Preemption

    Eric L. Alexander

    The Tennessee federal court decision in Fleming v. Janssen Pharmaceuticals serves as a good overview of the various grounds defendants use for dismissal of drug product liability claims, and the intersection of preemption and design defect claims, says Eric Alexander at Reed Smith LLP.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • HOAs May Bear Liability For Wild Animal Attacks In Fla.

    Gary M. Kaleita

    While the types and effectiveness of actions a homeowners association could take to deter or prevent animal attacks is debatable, if no action is taken at all when it would be reasonable and prudent to do so, liability can result, say Gary Kaleita and Peter Simmons at Lowndes Drosdick Doster Kantor & Reed PA.

  • FDA Delay Of Drug Labeling Rule Is Bad News For Plaintiffs

    Stefanie Colella-Walsh

    The delay, for the third time, of the U.S. Food and Drug Administration's new prescription drug labeling rule means that plaintiffs injured by generic drugs are essentially prohibited from seeking or receiving compensation for their injuries, say Stefanie Colella-Walsh and Martin Schrama at Stark & Stark.

  • 'Taking My Talents To South Beach': Law Firm Version

    MarkACohen.jpg

    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • More Challenges For Class Plaintiffs After Campbell-Ewald

    David J. Lender

    Six months after the U.S. Supreme Court's decision in Campbell-Ewald v. Gomez, lower courts have been divided on the key legal questions raised in the case. While some courts have refused to dismiss putative class actions, several district courts have reached a different conclusion and chose to deem cases moot, say attorneys at Weil Gotshal & Manges LLP.

  • FTC Continues To Attack 'Brain-Training' Claims

    Leonard L. Gordon

    The Federal Trade Commission is "on the manhunt" against marketers of cognitive development supplements, plans and programs, and the message is clear: If you plan on advertising that your program treats cognitive impairments, you better have serious evidence to back it up, say Leonard Gordon and Jeremy Sykes at Venable LLP.

  • Expanded Access — A Regulatory Balancing Act For Drug Cos.

    Melissa Tearney

    Expanded access plays a valuable role in the treatment of patients, but granting access to an experimental drug outside the context of a clinical trial creates a host of ethical, operational, business and logistical challenges for any drug manufacturer and particularly for smaller companies specializing in treatments for rare diseases, say attorneys with Choate Hall & Stewart LLP.